GENERAL SALES CONDITIONS

These General Conditions of Contract entered into by electronic means (hereinafter, the “General Conditions”), apply to the access and/or use of the website www.lovecherry.es for the purchase of products offered for sale by ACCESSORIES UNLIMITED, S.L.

• • Holder: ACCESSORIES UNLIMITED, S.L.(hereinafter, “ACCESSORIES UNLIMITED”).
• • Tax code: B-53073847
• • Address: Ctra. de Catral, 61 03360 Callosa de Segura (Alicante) Spain
• • Contact email: purchases@lovecherry.es
• • Telephone: +34 966758000
• • Registration in the Commercial Register of Alicante at volume 1882, folio 34, sheet A-36328, 1st registration.

ACCESSORIES UNLIMITED may modify, add and/or remove the content of these General Conditions, without the need to give prior notice, any such changes coming into effect from the moment of their publication, it being the Customer’s sole responsibility to ensure that he/she is aware of these modifications and if he/she considers it appropriate, to agree to them.

Before entering into an electronic contract for the purchase of any product offered on this website, the Customer must accept the General Conditions by ticking the box marked “I accept the General Sales Conditions”.

This electronic agreement will be entered into in compliance with the Spanish legislation and in particular the Information Society and E-Commerce Services Act 34/2002 (LSSICE) and the Legislative Royal Decree 1/2007, of 16 November, approving the recast text of the General Consumers and Users Protection Act (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (TRLGDCU). This electronic agreement is provided to the consumer in Spanish. These General Sales Conditions may be saved and reproduced at any time by the User (hereinafter, the User or the Customer, indistinctly) who makes a purchase through the tools of his/her online browser and must be accepted before paying for the products. In addition, the email confirming the purchase that we will send to you will include a link to these General Sales Conditions.

ACCESSORIES UNLIMITED delivers to five continents: Asia, America, Africa, Europe and Australia.

To make a purchase on www.lovecherry.es, the Customer must follow the process described below:

• 1. Register in the “CUSTOMER REGISTRATION” section. This must be done in order to continue with your purchase.
• 2. ACCESSORIES UNLIMITED offers you all the products available on the website on the date when your purchase is made.
• 3. Select the type of product that you wish to buy from among those offered by ACCESSORIES UNLIMITED on its webpage and specify how many of each one you wish to buy.
• 4. Click the “Buy” button.
• 5. You can review the products selected by clicking on the “YOUR SHOPPING CART” button.
• 6. To complete your purchase, access “YOUR SHOPPING CART” and insert the following information: name, surname, company, address, city, country, telephone number and email address.
• 7. After that, you must select the method of delivery. The cost associated with each method of delivery appears in euros.
• 8. Determine the payment method. The availability of each payment method is at the discretion of ACCESSORIES UNLIMITED S.L. Therefore, certain payment methods may not be available, either temporarily or permanently. In this phase, the purchaser expressly declares that he/she is the owner of the payment method in question (the use of a third-party payment method is not permitted, even with authorization).
• 9. Once the purchase process has been completed, ACCESSORIES UNLIMITED S.L. will send you an email with the details of your order. If you do not receive this email within twenty-four (24) hours, please contact us.
• 10. If you detect any error in the data included in your order, you may rectify it by contacting us through either of the following means:

  Telephone: +34 966758000

  Email: purchases@lovecherry.es

ACCESSORIES UNLIMITED may, amongst other things, make changes to prices if, between the moment that the offer is made to sell and the moment that payment in full is made, significant changes to prices have occurred, for example with respect to exchange rates, salaries, raw materials, semi-manufactured goods, packaging material, etc.

The prices applied by ACCESSORIES UNLIMITED do not include VAT or other charges, nor the costs arising as a result of the subject matter of the contract, including delivery and accounting fees, except where otherwise indicated. All costs excluded will be paid by the customer.

All taxes and delivery costs will be included in the TOTAL price. After completing the purchase, the Customer will be given a breakdown of each of the costs.

ACCESSORIES UNLIMITED sets its prices in euros, except where expressly indicated or a different agreement is reached with the consent of ACCESSORIES UNLIMITED.

Within the margins allowed by the law, ACCESSORIES UNLIMITED may not be held responsible in the event of any computer, manual, or technical error, or any other type of error, which causes a material change to the online sale price. Therefore, in those cases in which the price stated is manifestly below the reasonable market price or equal to €0 (or the consumer is considered to have acted in bad faith), the order may be cancelled, and the customer will be informed of the technical error. If you detect any of these errors, please contact us so that we can rectify it.

ACCESSORIES UNLIMITED’s delivery conditions vary according to the geographic area where delivery is made, as can be seen in detail here: https://www.lovecherry.es/gb/content/14-delivery-shipping-b2b

In general, the products will be paid for in advance. As a result, until receipt of the amount in question, ACCESSORIES UNLIMITED will not be obliged to supply the products to the Customer.

If the Customer selects the “cash on delivery” (COD) option, we will refund this COD amount either in the wallet or by bank transfer to his/her account within ten business days deducting from this amount the costs of charging COD. COD Dropshipping is only available in Spain.

The Customer may buy the products offered by ACCESSORIES UNLIMITED in a simple manner through the following payment methods:

• Payment by bank transfer.

  Payment by bank transfer is a simple payment method used for online purchases. The User may use this payment method simply from his/her bank.

  The User has 24 hours to confirm that the transfer has been made by attaching in his/her control panel the receipt of the transfer. He/she will then receive an email which explaining the steps to be taken to complete the order.

  Funds transferred normally take approximately 48 hours to arrive, unless an immediate transfer is made.

  Once payment is confirmed, the invoicing, packaging and shipping of the package will take place.

  If you require information about receipt of your transfer or to verify the status of your order, please contact us by either of the following means:

  Telephone +34 966758000

  Email: purchases@lovecherry.es

• Payment with electronic Wallet.

  You can add funds to the Wallet by bank transfer or credit card (min. €100) and use the balance to place new orders. Your account history is available in your control panel. If you wish, you can transfer the non-used balance to your bank account. Very easy and no additional cost.

• Payment with PayPal

  If you have created an agreement to pay using PayPal by ticking the box "Remember PayPal details" and you wish to cancel this agreement, you can do this through your PayPal account.

• Credit/debit card

  Payment by credit/debit card means that the information regarding your card will be sent directly to the Redsys Grupo Cooperativo Cajamar payment gateway. This entity will access the identifying data of the Customer and details of the purchase carried out in relation to the payment process. More information about Redsys is available here: http://www.redsys.es/legal/20180223_politica_de_privacidad_web_publica_redsys.pdf

  When using this payment method, ACCESSORIES UNLIMITED does not store any of the Customer data in relation to the card number. All data are processed temporarily by the customer service department of ACCESSORIES UNLIMITED and, subsequently for the purpose of managing the payment, directly by Redsys. The payment of your order will be carried out directly with the latter entity.

  The cards currently accepted by the payment gateway are all Visa and Mastercard cards.

  If the Point-of-Sale Terminal states that the card has been rejected, the order will be automatically cancelled, the Customer being informed online of this fact.

  Once payment has been made, you will receive an email stating that the purchase and the payment has been correctly carried out.

  If you have any doubts about the above, you may contact us by sending an email to purchases@lovecherry.es or calling 966758000, and we will clarify any matter.

• Payment by money order

  This payment method may only be chosen by Customers previously authorized by ACCESSORIES UNLIMITED.

• Bizum.

  The Client may use his/her Bizum account to make payments, without the need to provide the details of his/her debit/ credit card or current account. To make payment, enter the telephone number linked to the service and the PIN for online purchases provided by BIZUM. The Bizum PIN has 4 numbers. If you cannot obtain the PIN, this means that your bank does not yet offer this payment method in establishments that use Bizum.

  To use this service the minimum amount must exceed ONE EURO (€1).

  Bear in mind that this service can only be used if your bank has enabled it.

  In the event of return / cancellation, the funds will be returned using the same method of payment.

  For more information, consult the FREQUENT DOUBTS section here: https://www.lovecherry.es/gb/content/7-payment-methods.

Conditions for using the discount coupons on www.lovecherry.es

• • You can only use one discount coupon per order and per shopping cart.
• • The coupons are not reimbursable, they can be used in a single purchase of one or more products acquired through www.lovecherry.es which benefit from the coupon and they cannot be exchanged for cash. The terms and conditions related to the validity of the coupon will be included with each coupon.
• • The discount coupons may be used for payment above a certain minimum purchase amount. This amount is specified in the conditions applicable to each coupon and which are included in the email attaching the coupon. They are applied to the final sales price including VAT but excluding delivery costs.
• • Discount coupons will expire if they are not used before the end of their validity period.
• • Discount coupons cannot be sold, traded or acquired in any manner without the consent of ACCESSORIES UNLIMITED S.L. This also applies to coupons or promotional codes acquired from third parties.

The prices charged by ACCESSORIES UNLIMITED do not include VAT or other charges, or the costs arising because of the nature of the contract, including shipping and accounting costs, except where otherwise indicated. All of these excluded costs will be paid by the customer.

More information on taxes and transactions between countries in the European Union is available here: https://www.lovecherry.es/gb/content/8-taxes

The products will be delivered to the postal address or the delivery pickup point stated by the Customer.

Delivery may take place at any time during the day, from Monday to Friday, between 08:00hrs and 19:00hrs.

The delivery periods stated on the website may be subject to change, and under no circumstances are they binding or guaranteed. ACCESSORIES UNLIMITED is not responsible for any delay to the delivery as a result of changes to the transport services (eg transport strikes, natural disasters, breakdowns, etc), or for any other reason that is not attributable to ACCESSORIES UNLIMITED.

Each delivery will be deemed to be made at the time the product is made available to the Customer.

The Customer may refuse to accept the package at the time of delivery if this has been opened or is visually defective.

If the Customer is not at the address given, the transport agencies may carry out a second or third delivery attempt (depending on the agreement with the agency). In the event of repeated absence from the address in question or failure to reply to the attempts made to contact the Customer, the package will be returned to our facilities, the Customer being responsible for the costs incurred in the return.

If the delivery has been made to a collection/delivery point, the customer has a period of one week (depending on the agreement with the agency) to collect the package. After this, if the package has not been collected it will be returned to our facilities, the Customer being responsible for the costs incurred in the return.

The Customer may cancel the contract within fourteen calendar days from the date of collection or receipt of the products, without stating the reason for cancellation.

The payment will be returned by the same method as the initial payment, except where any other method is expressly agreed. We may refuse to return the payment until we have received the goods in question or you have proved that you have sent them back, whichever condition is complied with first.

The right to cancel will not apply to contracts that refer to:

• • The supply of sealed goods that are not apt for return due to reasons related to the protection of health or hygiene and which have been opened after delivery.
• • The supply of goods prepared in accordance with the specifications of the consumer or user or which are clearly customized.
• • The supply of shrink-wrapped audio recordings and videos or shrink-wrapped computer programs that have been opened by the consumer and user after delivery.

If various products are returned together, the Customer must mark clearly in relation to which of the returned goods it wishes to exercise the right to cancel the online contract. In order to correctly exercise the right to cancel, you must comply with the deadline, mark correctly the goods in question when various goods are being returned and mark the shipment as having been sent pursuant to the right to cancel.

To exercise your right to cancel, you must complete the Return of Merchandise Authorization (RMA) on our website, following the instructions given on this link: https://www.lovecherry.es/gb/content/13-rma-b2b

If the product has a defect or has been damaged during transport, it must be returned by the Client in a way that ensures that it is protected, i.e. in a box or a protective bag. When the product has been damaged during transport, this must be notified to us as soon as possible, preferably the same day on which it is received. Before opening the product, we recommend that you verify that the packaging coincides with the product requested. If you detect anything unusual before opening the product, please do not break the seal or open the package.

No offer or quote (of prices) made or submitted on behalf of ACCESSORIES UNLIMITED S.L., involves any commitment and will only be considered as an invitation to place an order.

All of the declarations made by ACCESSORIES UNLIMITED S.L., about prices, numbers, measures, weights or other product specifications are made as precisely as possible, but they do not bind ACCESSORIES UNLIMITED S.L., and the latter cannot guarantee that there will not be any changes in this regard.

Do the products have a guarantee?

We guarantee that the products that we sell function correctly and that if they have any manufacturing defects we will change them at no cost whatsoever. We will be responsible for claiming against the manufacturer. The statutory guarantee period of THREE years means that products are guaranteed against manufacturing defects during that period, except in the cases stipulated below.

What should I do if the product is defective or does not function properly?

You have THREE years to return any type of product that does not function or has manufacturing defects. We will process the guarantee with the manufacturer.

What does the guarantee not cover?

The following are not covered: defects caused by negligence, blows or manipulation, wrong voltage, incorrect installation, or materials that have worn out due to normal use.

Article 114 of Legislative Royal Decree 1/2007, of 16 November, approving the recast text of the General Consumers and Users Protection Act and other supplementary legislation, excludes from the above guarantee the following sanitary products: condoms, lubricants, massage oils, cleaning and personal cleaning and care products (such as disinfectants, talcum powder, etc.), aphrodisiacs, etc.

Use of the guarantee

When the guarantee applies, the article in question will be replaced, or a discount or reimbursement will be given, on the terms legally established. To rely on the guarantee, you must provide the receipt of purchase and invoice and contact our Customer Service through the Contact Area or to request a return merchandise authorization (RMA) through the corresponding link in your Customer Area.

Where the guarantee is being relied on, the product must be sent, together with the receipt of the original purchase or the RMA number, to the following address:

ACCESSORIES UNLIMITED S.L.

CARRETERA DE CATRAL Nº 61

03360 CALLOSA DE SEGURA (ALICANTE)

SPAIN

Scope of the guarantee.

Where the guarantee applies, the product in question may be replaced or, if you have purchased it through our website www.lovecherry.es, the amount in question may be reimbursed. This guarantee does not cover other claims, in particular the benefits of the use (interest) or damage that is not caused to the product itself.

In the event of replacement of the product we will send, at our expense, the replacement product to the delivery address indicated by the guarantee holder. On delivering the replacement product, the replaced product becomes our property.

The guarantee holder must send the product, together with all its accessories, in order to decide whether the guarantee applies and, where appropriate, to take the necessary action under this guarantee. To avoid damage during transport, we recommend sending the product, wherever possible, in its original packaging and with all the elements of the packaging. If you no longer possess the original packaging, you must use adequate packaging that offers sufficient protection against damage during transport. It should be borne in mind that if these conditions are not complied with, you may not rely on this guarantee.

ACCESSORIES UNLIMITED S.L. will not be liable for any damage of any type that arises from or is caused by the use of the product supplied or because this is not fit for the purpose for which the customer has used it. ACCESSORIES UNLIMITED S.L. does not guarantee the products or their marketability or their appropriateness for a specific purpose. The manufacturers provide their own guarantees and most of them do not allow wholesalers or distributors to make changes, replace parts or accept returns or change defective articles or those that do not satisfy the client. Therefore, please follow the instructions of the guarantee when the manufacturer provides them. Any damage arising as a result of the design or manufacturer of any article is the exclusive responsibility of the manufacturer.

The establishment of any contractual relationship does not mean that the Customer will have any right whatsoever to be the exclusive distributor of the products owned by ACCESSORIES UNLIMITED S.L.

ACCESSORIES UNLIMITED S.L. and the Customer are not in any employment relationship, whether ordinary or special, their relationship being limited to this sale and purchase.

Spanish law will apply to the conclusion and performance of the contracts. However, this will only apply to you as a consumer to the extent that you have not been deprived of protection under the applicable law of the State where you normally live.

ACCESSORIES UNLIMITED, S.L. hereby declares that is not prepared to participate in a dispute resolution procedure in a center specifically for this purpose, pursuant to article 58 of Legislative Royal Decree 1/2007, of 16 November, approving the recast text of the General Consumers and Users Protection Act (Ley General para la Defensa de los Consumidores y Usuarios) and other supplementary laws.

The European Commission provides a platform for the online resolution of disputes that is available via the following link: https://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the platform for the online resolution of disputes.

Last updated on: July 27, 2022