GENERAL PURCHASE CONDITIONS

The terms and conditions encompassed below have been drafted by DANG DANG, S.A.U. (hereinafter, INDI & COLD) to facilitate the users of the www.indiandcold.com wesite, on a a permanent, easy and free manner, clear, understandable and true information on the conditions that govern the sale of our products through our website. These conditions will remain available to all users in the “Terms and conditions” section where these can be read or printed out if so desired.

To make purchases through our website, it is required that the user must read and expressly accept the checkbox provided for the purpose of these General Purchase Conditions on registering himself or when making a purchase as a guest, so that the buying or the order process can not be completed without his/her prior acceptance.

The users are hereby informed that the responsible party for the offers made on the website of www.indiandcold.com is:

• Company name: DANG DANG, S.A.U.
• NIF: A20083879
• Address: calle Portuetxe 24 bajo.
  20018 San Sebastián (Guipúzcoa). Spain.
• Email: hola@indiandcold.com

DANG DANG, S.A.U. is inscribed in the mercantile registry of Guipúzcoa, Volume 1119, Folio 146, Sheet SS-2576.

Only those older than 18 years of age or emancipated minors in accordance with the requirements set out in the Civil Law Code may make purchases on our website. According to this, the user states that he/she is older than 18 years of age or is otherwise and emancipated minor and that he/she therefore has the required legal capacity for contracting in a manner that he/she is entitled to make purchases on his/her own account through our website. If a minor were to want to purchase any article he/she must do this through his/her parents or legal representatives or at least have their approval. Under no circumstances shall INDI & COLD assume any liability for any purchases as may be made by minors breaching the demands of this paragraph.

There are two ways of making a purchase, one as a registered user and the other as a guest. In the first case it will be necessary to fill out a form with the user's personal data, which will allow him/her to modify his/her data in order to keep them up to date, manage his/her purchases, perform a follow up on the deliveries and enjoy promotions and special offers. Before completing the registration process the user mus necessarily accept these usage conditions so that otherwise the process will not have been completed and that therefore he/she will not be conferred the condition of a registered user together with the ensuing benefits. Once the registration process has been completed one may access the private area whenever desired by entering the user's name and the personal password.

On the other hand the guest will not have to register although he/she will be required to submit the necessary personal data in order to make delivery and if applicable the invoicing.

In either case the purchase process is very simple as the merely needs to select the product(s) he/she wants to buy, the number of articles and add them to the "Shopping cart”. On selecting each product, detailed information on it will be displayed:

• features of the product,
• price,
• the related taxes included therein,
• shipping costs

If the client has a promotion code or an on-line voucher he/she will be entitled to take advantage of the pursuant applicable conditions and discounts shown on it, and must submit it at that time.

To complete the purchase the client must press the "Place order" button. If the user has previously been registered he(she must identify his/herself and authenticate themselves using their user handle (email address) and password.

Afterwards the user must verify his/her data, unless he/she is a guest, in which case these will be those furnished on the form provided for the purpose, in case he/she were to wish to indicate different delivery and invoicing addresses, review the order and finally to press on "Pay" in order to pay for the purchase using a credit or debit card (VISA, MasterCard and Amex), iDeal or PayPal. You can also pay in 3 installments via Klarna.

Any expense arising from the selected means of payment will be at the sole expense of the buyer.

All payments will be made using the secure payments system of the financial entity, which encrypts card data. With the aim of attaining the utmost security in the payment system, INDI & COLD uses secure payment systems of first class financial entities in electronic trading. In this sense, the confidential payment data are transmitted directly and in encrypted format (SSL) to the related financial institution. For payment using Visa and MasterCard cards, INDI & COLD has introduced the SEC (Secure Electronic Trading) service with the 3D Secure international protocol that is distinguished with the Verified by Visa and MasterCard SecureCode emblems. Secure Electronic Trading is an initiative that has the basic principle of ensuring the security of transactions through the internet. After having made the payment through the secure payments system, the system will automatically verify that the card has been activated for Secure Electronic Trading. Next, a connection will be made to its issuing bank, which will request it to authorise the transaction by means of a personal authentication code. The transaction will only be made if the bank that issues the credit card confirms the authentication code. Otherwise the transaction will be rejected.

As a complementary measure to the "Secure payment" system and with the aim of working towards the prevention of fraud through the internet, INDI & COLD reserves itself the right to verify the personal data furnished by the client and adopt the measures it deems appropriate (including cancellation of the order) so that the acquired merchandise is delivered in accordance with the information on the order.

Once the payment has been validated a sales contract is established between the user and INDI & COLD with these conditions. Purchases may be formalised in Spanish, English and French.

Once the purchase process has been completed it will be confirmed with the "Order receipt" email sent to the buyer, which will also contain a description of the product with its features, price, taxes and shipping costs as well as the delivery time in accordance with the terms described in section 5 of these General Conditions.

The non-receipt of this message may be due to some temporary communications problem on the network or to an error in the email address used. In both cases it is recommended contact us using our email address at hola@indiandcold.com.

Subsequently, after having performed the pertinent verifications you will be sent a "Shipping confirmation" email or otherwise its refusal in the event that there is no stock of any of the articles included in the order.

In the “My account” section the user can see the supporting documentation for each purchase made.

For any doubt the user may refer to the “FAQs” section or send us an email to hola@indiandcold.com.

Find here the list of countries we ship to: Shipping countries

The articles offered on the website of www.indiandcold.com are subject to the limits of stocks. In the event that INDI & COLD is unable to supply the product purchased by the user as it is not available, we will inform the user of this lack of availability before the purchase is completed, on the data sheet of the product itself and in any event by email once we have received the purchase request. If the user were not informed of it and he/she has purchased a product that we do not have available, he/she will be refunded the amount paid as soon as possible and in any event within a maximum of 30 days.

In any event the user shall be entitled to exercise his/her rights to withdrawal and cancellation, in accordance with that described in clause nine (9), under the same terms as if it involved the initially requested article.

In any event the user may place a new order with different products in accordance with those in stock at any given time.

The products purchased by the users through the www.indiandcold.com website will be shipped using a courier company always being delivered to the address indicated by the user. INDI & COLD shall not be liable for any delays or lacks of product delivery due to errors by the purchaser at the time of furnishing the shipping address or if it were incomplete.

The products will be delivered according to the opening hours of the courier company, so that if the user were absent from the address at the time of delivery, he/she must contact the said company to arrange a new date and time for delivery. INDI & COLD shall not be liable for any delays that may occur due to the absence of the user at the time delivery was attempted. Therefore, in order to prevent this type of problems we recommend that users furnish a delivery address where they will be available to take delivery of the product.

Purchases made through our website shall be delivered to clients within a maximum of ten (10) working days, excluding weekends and national holidays, as from when the order leaves our warehouses and delivery time may vary depending on the destination point.

The order may be delivered at any time between 8 am and 8 pm from Monday to Friday (except for holidays) and the signing of an acknowledgement of receipt or the bill of lading will be required.

In order to facilitate the tracking of the delivery by the user, once the order has left the warehouses of INDI & COLD, he/she will be sent a "Shipping confirmation" email with the order's tracking number, which can be used on the website of the transport company to track it. Similarly, registered users may track the status of their order using the “My account” section.

For security reasons INDI & COLD will not ship orders to PO boxes or accept any order when it impossible to identify the order's addressee and address.

The title to the INDI & COLD articles will pass on to the client at the time delivery is made.

When the user receives the article he/she bought using the www.indiandcold.com website he/she must verify that it corresponds to what was ordered, that it is in perfect condition and that it was not damaged during shipping.

If the product received does not correspond with what the user ordered, he/she must inform INDI & COLD of this using the channels described in these conditions (next parragraph). The product erroneously received will be picked up and the one ordered will be shipped, for all of which the user shall receive no charge.

In the event that any incident of this kind is detected, the client must make this known to INDI & COLD within a maximum of 24 hours after having received the article by sending an email to hola@indiandcold.com, including his/her personal information, the order number and a description of the incident or problem with the article(s) received. INDI & COLD will contact the client as soon as possible in order to solve the incident.

Any costs derived from the lack of notification of the incident in the mentioned formats and time frames, shall be at the user's expense.

Furthermore, the client commits him/herself to notify INDI & COLD of cases of the lack of receipt of orders once ten (10) working days have elapsed since the order shipment notification was sent, doing this using the hola@indiandcold.com email address.

However, in the event that the article received were faulty or has some flaw, the client must contact INDI & COLD within a maximum of 24 hours as from receipt of the article by sending an email to hola@indiandcold.com and he/she will be informed of the procedures to be followed to resolve the incident. Once the return has been received by INDI & COLD, it will carefully examine the returned article and the client will be notified by email within a maximum of ten (10) working days, as to whether the return is pertinent or otherwise and whether it should be replaced (if applicable). If affirmative, the return or replacement of the article will be done as soon as possible and in any event withing thirty (30) calendar days after the date on which an email was sent to him/her confirming that the return or replacement of the non-compliant article is appropriate, in which case INDI & COLD shall bear the transport costs of the return and of the replacement article.

The price of the articles is that stated on the website at any time, unless there is a typing or an obvious error. Despite INDI & COLD striving to prevent any pricing errors on its web page, in the event that these were to occur in the price of the articles ordered by the client, INDI & COLD shall inform him/her as soon as possible and give him/her the option of reconfirming the order at the right price or otherwise cancelling it. If INDI & COLD were unable to contact the client, the order will be considered cancelled and any amounts paid will be fully refunded, without the right to any indemnity whatsoever.

The prices do not include shipping costs, the amount of which, if applicable, must be added to the amount of each product and which in any event will be shown on the purchase summary, on the order review screen, before making payment.

INDI & COLD reserves the right to amend at any time and without prior notice the products offered on this website as well as their sales prices, shipping costs and other conditions or promotions.

The promotional codes may be used in accordance with the terms and conditions published for each promotion and that shall be applicable to a single discount on the purchase of a unique article or to a discount on an order within the period indicated by the promotional code.

The promotional codes can only be used on the www.indiandcold.com website.

In accordance with that provided for in article 116 of Royal Decree 1/2007, the users are informed that the photographs of the offered products are solely for illustrative and guidance purposes and may differ from the original. The article descriptions and images offered through the website of www.indiandcold.com are not of a binding contractual nature and are solely for informative purposes, so that INDI & COLD shall not accept any manner of liability due to possible errors in these.

The right of withdrawal from a contract is the faculty that the consumer and user has to cancel the contract entered into by notifying the other contracting party with the time frame established for exercising this right, without a need to justify his/her decision and without any kind of penalty.

The user is entitled to a period of fifteen (15) working days as from the receipt of the order to exercise the right of withdrawal. For this purpose the starting date for the said period shall be that of the bill of lading.

In accordance with that provided for in article 102 of Royal Decree 1/2007, in the following this will not be applicable:

1. Contracts for the supply of goods where the price is subject to fluctuations of coefficients of the financial market that cannot be controlled by the entrepreneur.
2. Contracts for the supply of products manufactured in accordance with the specifications of the consumer and user or that are clearly customised or which, by their nature, cannot be returned or that may quickly deteriorate or expire.
3. Contracts for the supply of sound or video recordings, of disks and computer programmes that have been unsealed by the consumer and user, as well as software files supplied by electronic means, that are susceptible to being downloaded or copied on an immediate basis for their permanent use.
4. Contracts for the supply of daily newspapers, periodic publications and magazines.
5. Contracts for the providing of services, the performance of which has begun, with the agreement of the consumer and user, before a period of seven working days has elapsed.
6. Gambling and lottery service contracts.

The user may exercise his/her right of withdrawal by either sending the completed withdrawal document together with the invoice or the supporting document of the purchase to LAN DISTRIBUCION, Bulandegi Bidea, 20, 20159 Zizurkil, Gipuzkoa - Spain - or otherwise by sending an email to eshop@indiandcold.com.

In the event that the user's right of withdrawal were exercised, both parties shall reciprocally return all amounts and products except for the exceptions provided for under the Civil Law Code.

The right of withdrawal will not involve additional return costs, these will be taken on by INDI & COLD directly. In this case, the buyer will be responsible for the initial shipping costs of the order.

In accordance with that provided for in the previous section, the user will have a period of fifteen (15) days as from receipt to return the order, the starting date for the purpose being the date consigned on the bill of lading.

In the event that the user returns the articel received, either as the result of exercising the right of withdrawal or for any other reason reflected in these purchase conditions, this must be done in its original packaging, without it having been used, together, where appropriate, with its accessories and labels and it must be in perfect condition. Otherwise, these cannot be changed or returned. If the client desires a change of size, colour or alternative articles, he/she will have to return the article and place a new order.

To make a change or a return the client will have to follow the following procedure:

1. Request your return pick up through our Return Portal on the following url: http://web.global-e.com/Returns/Portal/oQxL
   
   

2. Enter your Order ID and email used in the purchase and follow the indicated instructions.

3. Indicate the applicable items to be returned and the quantity thereof and select the applicable method of returning the product (if different options are available).

4. A return Product authorization ("RMA") number will be provided to you (through the portal (if applicable) and via e-mail) and, if applicable, a return shipment label will be generated.

5. Once the articles have been received by INDI & COLD and once it has checked their perfect condition, it will make the refund using the same means of payment as the client used to pay for the purchase. This refund will be made as soon as possible and in any event within a maximum of fourteen (14) working days.
    

   The article returned damaged, incomplete, deteriorated, used or dirty for reasons imputable to the client will not be refunded and will be placed at the disposal of the sender freight payable on delivery or the article will remain at the client's disposal to be removed within a maximum period of fifteen (15) calendar days. In any event, INDI & COLD shall not accept any liability whatsoever for the custody or deposit of the article during the time it remains on its premises.

   INDI & COLD reserves the right to reject any return that does not meet any of the aforementioned conditions.

   If you find any issues during the process please you can find more information here or contact us at hola@indiandcold.com

INDI & COLD shall not be held liable for any breach or delay in the performance of any of the obligations it assumes under this contract, the cause of which are due to events beyond its control ("Force Majeure causes").

The force majeure causes include any act, event, lack of exercising, omission or accident beyond a reasonable degree of control and shall specially include (without limitation) the following:

• Labour strikes, lockouts, riots, invasion or terrorist attacks.
• Fire, explosion, storm, flooding, earthquake damage, sink holes, epidemics or any other natural disaster.
• The impossibility of using trains, ships, aircraft, motorised means of transport or other means of public or private transport.
• The impossibility of using public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of other Governments.

The users of the www.indiandcold.com website can send us suggestions, complaints and claims through the website itself, by sending an email to hola@indiandcold.com of by ordinary mail to INDI & COLD, calle Portuetxe 24 - Bajo, C.P. 20018 San Sebastián (Guipúzcoa).

At DANG DANG, S.A.U. (INDI & COLD) we care about the personal data that we process and about precise compliance with the legislation in force regarding personal data protection, which includes Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

Pursuant to that regulation, we would like to inform you about the following matters related to the personal data processing we perform at INDI & COLD.

Controller:

DANG DANG, S.A.U. (hereinafter, INDI & COLD), holder of NIF (tax identification number) A20083879, with address at Calle Portuetxe 24-Bajo, 20018, San Sebastián, Guipúzcoa. Telephone: +34 943 32 61 26. Email: hola@indiandcold.com.

Purpose for handling the data:

To properly maintain, develop, perform and control contractual relationships with our customers, to process and send the orders or purchases they make, and to provide the services they require.

Furthermore, we use customers’ identity and contact data to send, electronically or using other means, marketing information of interest regarding offers, promotions, products and services.

Legitimacy of the processing:

The legal basis for processing personal data belonging to customers is to perform contracts or fulfil orders they make.

Regarding sending marketing information, the legal basis is to satisfy the legitimate interests pursued by DANG DANG, S.A.U. pursuant to Article 6.1.f of the GDPR. This will be notwithstanding the possibility for the customer to object to such marketing information being sent.

Recipients of the data:

Personal data belonging to customers will be communicated to the tax authorities to comply with our legal and tax obligations, and to the financial entities through which DANG DANG S.A.U. manages charging.

However, for more efficient, dynamic and operative management of the informative communications we send by email, and to be able to better control them, we use MailChimp, a platform developed by The Rocket Science Group LLC, an entity that is certified with the EU-U.S. Privacy Shield. Available information regarding this: https://www.privacyshield.gov/participant?id=a2zt0000000TO6hAAG&status=Active. The Rocket Science Group LLC privacy policy: https://mailchimp.com/legal/privacy/.

Time periods for keeping data:

• Five years: corresponding to the limitation period for tax obligations, as established in tax regulations. The same term for exercising personal actions that do not have a special limitation period, as established in Article 1,964 of the Spanish Civil Code.
• Six years: in relation to books, correspondence, documentation and written proof concerning the business, as required by Article 30 of the Spanish Commercial Code.
• 10 years: documentation formalising compliance with the obligations established in Spanish Law 10/2010 of 28 April on the Prevention of Money Laundering and Terrorist Financing, as required in Article 25 therein.

Data protection rights:

• Right to request access to your personal data: to find out about and check the lawfulness of our processing, you may, at any time, ask us to confirm whether INDI & COLD is processing your personal data and, in such event, we will tell you, among other matters, what data we are processing, the purpose, the origin of the data, how long we plan to keep the data and, where applicable, the recipients or recipient categories.
• Right to request rectification: you may ask us to rectify any personal data that may be inaccurate or to complete any that may be incomplete, including by providing an additional declaration. If you do this, in your request, you should state the data in question and the correction that has to be made, and, where applicable, you should include documentation to prove the inaccuracy or incomplete nature of the data being processed.
• Right to request erasure (right to be forgotten): you may ask us to erase your personal data and to stop processing them if they are no longer necessary in relation to the purposes for which they were collected or otherwise processed, if you withdraw your consent, if they were processed illegally or if they have to be erased to comply with a legal obligation.
• Right to request limitation on the processing of your personal data: in this event, INDI & COLD will keep your personal data only for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest.
• Right to the portability of your personal data: you may ask us to hand over your personal data to you or to another controller that you may designate, in a structured, commonly used, machine-readable format.

• Right to object to processing: INDI & COLD will stop processing your personal data as you request, unless we have to continue processing them for compelling legitimate reasons or for the establishment, exercise or defence of possible legal claims.

   

How to exercise your data protection rights: to exercise your rights, send us a written request by post to DANG DANG, S.A.U. (INDI & COLD), Calle Portuetxe, nº 24-Bajo, 20018, San Sebastián, Guipúzcoa, always including a photocopy of your identity document.

INDI & COLD will respond to all requests within the time periods and pursuant to the conditions required in the legislation in force regarding personal data protection.

How to lodge a complaint with the Spanish Data Protection Agency: if you believe that we have failed to appropriately process your personal data or that we have not properly assisted you in exercising your data protection rights, you can lodge a complaint with the Spanish Data Protection Agency, either through its electronic office or by post, to Calle Jorge Juan, nº 6, 28001, Madrid.

You can find more information about data protection rights and complaints to the controlling authorities at www.agpd.es.

Use of Cookies

Cookies are small text files that are stored on the hard drive or in the memory of your computer that access or visit the pages of certain websites, so that the user's preferences are known when he/she connects once again. The cookies stored on the user's hard drive cannot read the data it contains, access any personal information or read the cookies created by other suppliers.

The users of the www.indiandcold.com website are informed that for its proper operation the use of this type of technology is required. Specifically on our website, cookies are solely used to identify and recognise our registered users, and also during the purchasing process, to know the content of the shopping cart and to thus properly process the purchases made by users.

Likewise, cookies are used so that the users can share, if they so wish, information on this website on social networks.

Finally, cookies introduced by Google, arising from the use of the“Google Analytics” technology as described in the next section are also used which allow us to know the browsing preferences of the users in general (not of every user) so that we can modify and update our website to improve it and provide a better service.

The use of this web page assumes the acceptance of these cookie usage policies and your consent for this, so that if otherwise you should abstain from using the www.indiandcold.com website, in accordance with that described in the “website usage conditions” section of this legal warning.

Google Analytics

This web page uses Google Analytics, which is an analytical service provided by Google, Inc., a Delaware company that has its main office at 1600 Amphitheatre Parkway, Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses cookies that are text files stored in your computer to help the website analyse the usage that the users make of the website. The information generated by the cookie on your usage of the website (including your IP address) will be directly transmitted to and stored by Google on its servers in the USA. Google will use this information on our behalf in order to keep track of your use of the website, compiling reports of website activity and providing other services relating to the activity of the website and internet usage. Google may transmit this information to third parties when so required by law or when the said third parties process the information on Google's behalf. Google will not associate your IP address with any other data that is available to Google. Can you refuse treatment of the data or information by rejecting the use of cookies by selecting the appropriate browser setting, however, you should know that by doing so you may not be able to use the full functionality of this website. When using this website you implicitly give your consent to the processing of information about you by Google in the manner and for the purposes described above.

Additionally Global-e acts as merchant of record for the fullfilment of international markets, on Global-e’s Terms and Conditions and Privacy Policy. Global-e is an international fulfilment service provider to indi and cold.

Changes may be made to applicable laws or to our agreements with associated establishments that oblige us to modify our General Terms of Sale. Therefore, INDI & COLD reserves the right to modify the information and terms of the general terms of sale at any moment, without prior notice. We advise all customers to read the terms of sale whenever they access our website, and especially, whenever they wish to make a purchase, in order to freely decide whether to continue using the website and to purchase items.

The activities carried out via our website at www.indiandcold.com are subject to current Spanish legislation, including, among others, Organic Law 15/1999, dated the 13th of December, on the Protection of Personal Data, Law 34/2002, dated the 11th of July, on Services for the Information Society and Electronic Commerce, the Civil Code and Royal Legislative Decree 1/2007, dated the 16th of November, which approved the revised text of the General Law for Consumers and Users and other complementary laws.

According to the legislation described in the preceding point, in the case of any controversy or conflict that may arise between users of the website www.indiandcold.com and INDI & COLD, the parties expressly agree to submit to the jurisdiction of the Spanish Courts and Tribunals, and particularly, the Courts and Tribunals of the city of San Sebastian except when applicable regulations establish a different location.