General Terms & Conditions

1. GENERAL INFORMATION

The ownership of this website https://morewaslostincuba.com, (hereinafter Website) is held by: Víctor Rodríguez Ramón, with NIF: 21004588E, and whose contact details are:

Address: C/ Call D'en Camps 20, 08553, Seva, Barcelona, Spain

Contact email: roberto@morewaslostincuba.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Web Site (https://morewaslostincuba.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that More Was Lost in Cuba develops through the Website includes:

Sale of video game merchandising manufactured and distributed by Printful.

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, the cookies policy, and the privacy and data protection policy of More Was Lost in Cuba. By using this Website or by making and/or requesting the acquisition of a product and/or service through this Website, the User agrees to be bound by these Terms and Conditions and by all of the above, so if the User does not agree with all of the above, he/she should not use this Website.

Likewise, it is informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, navigates and/or uses the Website, since those in force at the time the purchase of products and/or services is requested will be applicable.

For all questions that the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

The access, navigation and use of the Web Site, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), so they accept, from the moment they start browsing the Web Site, all the Conditions set forth herein, as well as its subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as appropriate.

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

Use this Web Site only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
Provide truthful and lawful contact details, e.g. e-mail address, postal address and/or other details (see Legal Notice and General Conditions of Use).

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

The User will be able to formalize, to its election, with More Was Lost in Cuba the contract of sale of the products and/or services wished in anyone of the languages in which the present Conditions are available in this Web site.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the means and in the manner established. They should follow the online purchase and/or acquisition procedure of https://morewaslostincuba.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "Buy".

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

Subsequently, the User will receive an email confirming that More Was Lost in Cuba has received his order or request for purchase and/or provision of the service, that is to say, the confirmation of the order. And, if applicable, you will also be informed by e-mail when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space on the Website.

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 and, if applicable, through his/her personal space connected to the Website. Likewise, the User may, if he/she wishes, obtain a paper copy of his/her invoice by requesting it to More Was Lost in Cuba using the contact spaces on the Website or through the contact details 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 that are shown next to the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, More Was Lost in Cuba is not the manufacturer of the products sold or that may be marketed on the Web Site. Although More Was Lost in Cuba makes every effort to ensure that the information displayed on the Web Site is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than what appears on the Web Site. Therefore, the User should not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions accompanying the product.

The User knows that More Was Lost in Cuba shows for his interest a series of services that the holder does not provide to the Users directly, but that will be contracted and provided by a third party other than More Was Lost in Cuba.

4. AVAILABILITY

All purchase orders received by More Was Lost in Cuba through the Website are subject to the availability of the products and/or that no circumstance or force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or if there are no products in stock, More Was Lost in Cuba undertakes to contact the User and reimburse any amount that may have been paid by way of payment. This shall also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Web Site are final prices, in Euros (€) and include taxes, unless otherwise indicated and applied by law, especially with regard to VAT.

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

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

Prices may change at any time, but any 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

More Was Lost in Cuba uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

The credit cards will be subject to verifications and authorizations by the issuing bank. If the issuing bank does not authorize the payment, More Was Lost in Cuba will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once More Was Lost in Cuba 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 to the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service being provided in the manner and, if applicable, place established.

In any case, by clicking on "Buy" the User confirms that the payment method used is his/her own.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries shall be made within the following territory: Worldwide

Except in those cases where there are unforeseen or extraordinary circumstances or, where appropriate, arising from the customization of the products, the purchase order consisting of the products listed in 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 the order confirmation.

If, for any reason, More Was Lost in Cuba could not meet the delivery date, it will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he/she should contact More Was Lost in Cuba to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to More Was Lost in Cuba, More Was Lost in Cuba will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of the additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed to be 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/her.

For the purposes of these Conditions, delivery shall be deemed to have occurred or the order shall be deemed to have been delivered at the time the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of 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 time of delivery. The User acquires ownership of the products when More Was Lost in Cuba receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a later time than the full receipt of the amount paid by More Was Lost in Cuba.

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

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that in the event that he/she detects that an error has occurred when entering data necessary to process his/her purchase request on the Website, he/she may modify them by contacting More Was Lost in Cuba through the contact spaces provided on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection to the Web Site.

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

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in 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 (GRPD) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User acquires products on or through the Website of the owner, he/she is entitled to 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 has the right to cancel the purchase within 14 calendar days without justification.

This withdrawal period shall expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the More Was Lost in Cuba Website or in the event that the goods making up the User's order are delivered separately, 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired the 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 of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify More Was Lost in Cuba of his decision. He/she may do so, if necessary, through the contact spaces provided 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 order to comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the expiry of the withdrawal period.

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

More Was Lost in Cuba will reimburse the User using the same payment method used by the User to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, More Was Lost in Cuba may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of the return of the products or items, depending on which condition is met first.

And it shall do so without undue delay and, in any event, no later than 14 calendar days from the date More Was Lost in Cuba was informed of the withdrawal decision.

The User acknowledges knowing that he/she shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, he/she shall be liable for any diminished value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In the same sense is governed the provision of a service that the User could hire on this Web Site, as this same Law provides that the right of withdrawal will not assist the 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 his part that he is aware that, once the contract has been fully executed by More Was Lost in Cuba, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition 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 packaging, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.

Return of defective products or shipment error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what was stipulated in the contract or purchase order, and that, therefore, should contact More Was Lost in Cuba immediately and let them know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether to proceed with the refund or, if applicable, the replacement of the same.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an e-mail confirming the refund or replacement of the non-conforming item.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery charges and costs incurred by the User 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 any time for the User, as a consumer and user, will always apply.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Web Site, in the terms legally established for each type of product, responding More Was Lost in Cuba, therefore, for the lack of conformity of the same that is manifested within two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by More Was Lost in Cuba and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily intended; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected of the same. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these are derived from the type of material with which they have been manufactured, and therefore 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 User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its legal warranty rights directly against them during the two years following the delivery of such products. In order to do so, the User must have kept all the information regarding the warranty of the products.

9. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, More Was Lost in Cuba accepts no liability for the following losses, regardless of their origin:

any losses that were not attributable to any breach by you;
business losses (including loss of business profits, revenues, contracts, anticipated savings, data, goodwill or unnecessary expenses incurred); or
any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between them.

Likewise, More Was Lost in Cuba also limits its liability in the following cases:

More Was Lost in Cuba applies all the measures concerning to provide a faithful visualization of the product on the Web Site, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.
More Was Lost in Cuba will act with the maximum diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, More Was Lost in Cuba is not responsible for damages resulting from a malfunction of the transport, especially for causes such as strikes, road delays, and in general any other typical of the sector, resulting in delays, losses or thefts of the product.
Technical failures that for fortuitous or other reasons, prevent normal operation of the service through the Internet. Lack of availability of the Web Site for maintenance or other reasons, which prevents the availability of the service. More Was Lost in Cuba puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of products, however disclaims liability for causes not attributable to it, fortuitous event or force majeure.
More Was Lost in Cuba will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, More Was Lost in Cuba will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
In general, More Was Lost in Cuba shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor transport or other means of transportation, public or private.
- Inability to use 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 force majeure continues, and More Was Lost in Cuba will have an extension of time to fulfill them for a period of time equal to the duration of the force majeure. More Was Lost in Cuba will use all reasonable means to find a solution that will allow More Was Lost in Cuba to fulfill its obligations despite the force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Web Site, the User agrees that most communications with More Was Lost in Cuba will be electronic (e-mail or notices posted on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that More Was Lost in Cuba sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with More Was Lost in Cuba through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, More Was Lost in Cuba may contact and/or notify the User by e-mail or at the postal address provided.

11. WAIVER

No waiver by More Was Lost in Cuba of any particular right or remedy or failure by More Was Lost in Cuba to require strict performance by the User of any of its obligations shall constitute or waive any other right or remedy arising under a contract or the Conditions, or relieve the User from the performance of its obligations.

No waiver by More Was Lost in Cuba of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

12. NULLITY

Should any of these Conditions be declared null and void by a final decision issued by a competent authority, the rest of the clauses shall remain in force, without being affected by such declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and More Was Lost in Cuba in connection with the subject matter of the sale and purchase and supersede any other prior covenant, agreement or promise made orally or in writing by the same parties.

The User and More Was Lost in Cuba acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to More Was Lost in Cuba in the course of a transaction on the Website, 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 Web Site the User consents to the processing of such information and data and declares that all information or data provided are truthful.

15. APPLICABLE LAW AND JURISDICTION

Access to, browsing and/or use of this Web Site and contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising out of or related to the access, navigation and/or use of the Website, or the interpretation and execution of these Conditions, or the sales contracts between More Was Lost in Cuba and the User, shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send to More Was Lost in Cuba his complaints, claims or any other comments he may wish to make through the contact information provided at the beginning of these Terms (General Information).

In addition, More Was Lost in Cuba has official complaint forms available to consumers and users, which they can request from More Was Lost in Cuba at any time, using the contact information provided at the beginning of these Terms and Conditions (General Information).

Also, if a dispute should arise from the conclusion of this purchase contract between More Was Lost in Cuba and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.