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Cantabria Calling – CONDITIONS OF USE AND SALE

Effective 1st January 2014 Welcome to Cantabria Calling. Cantabria Calling provides products and services to you when you visit or shop at cantabriacalling.com (the “website”) or use our products and services. Cantabria Calling sells our products and services to you subject to the conditions set out on this page.

CONDITIONS OF USE

Please read these conditions carefully before purchasing our products and services.  By purchasing our product(s) or service, you signify your agreement to be bound by these conditions. 1    PRIVACY You are invited to review our Privacy Policy which will enable you to understand our practices. 2    ELECTRONIC COMMUNICATIONS When you purchase Cantabria Calling products via our website, contract our services or send emails to us, you are communicating with us electronically.  We will communicate with you by e-mail or by posting notices on the website or by post if you so request. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication. 3    COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS All content included in or made available through Cantabria Calling, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Cantabria Calling international copyright, authors’ rights and database right laws.  The compilation of all content included in or made available through Cantabria Calling is the exclusive property of Cantabria Calling and is protected by Luxembourg and international copyright and database right laws. You may not extract and/or re-utilise parts of the content of any Cantabria Calling product without our express written consent.  In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of cantabriacalling.com or any part of our products and services, without our express written consent.  You may also not create and/or publish your own database that features substantial parts of cantabriacalling.com (e.g. our prices and product listings) without our express written consent. . 4    ACCESS No part of www.cantabriacalling.com,nor any part of any of our products and services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Cantabria Calling without our express written consent.  You may not use any meta tags or any other “hidden text” utilising Cantabria Calling‘s names or trademarks without our express written consent. You may not misuse Cantabria Calling.  You may use the website and related products and services only as permitted by law. 5   YOUR PURCHASE If you purchase any Cantabria Calling product via our website you are responsible for restricting access to your computer and for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided. You must not use any Cantabria Calling product or service: (i) in any way that causes, or is likely to cause, any Cantabria Calling service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety. We reserve the right to refuse service if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies. 6    REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content.  We reserve the right (but not, in the absence of a valid letter of complaint the obligation) to remove or edit such content.  If you believe that the content on any Cantabria Calling product contains a defamatory statement, or that your intellectual property rights are being infringed by any Cantabria Calling item please notify us in writing and we will respond. If you post content or submit material, and unless we indicate otherwise, you grant: (a) Cantabria Calling a non-exclusive, royalty-free and fully transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Cantabria Calling the right to use the name that you submit in connection with such content, if they choose.  No moral rights are assigned under this provision. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material.  To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.  You agree to perform all further acts necessary to perfect any of the above rights granted by you to Cantabria Calling including the execution of deeds and documents, at our request. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory).  You agree to indemnify Cantabria Calling for all claims brought by a third party against Cantabria Calling arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us. 7     INTELLECTUAL PROPERTY CLAIMS The content of cantabriacalling.com and all associated products and services including text, graphics, logos and product design are the intellectual property of Cantabria Calling. The intellectual property rights relating to the website and its design i.e. object and source code, financial transactional elements and functionality of the website, remain with the website designer, White Hat Web Design who retains exclusive access to the code. 8   OTHER BUSINESSES No parties other than Cantabria Calling operate stores, provide services, or sell product lines on this website.  We reserve the right to provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites.  Cantabria Calling does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties.  You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party.  You should carefully review their privacy statements and other conditions of use. 9   OUR LIABILITY We will do our utmost to ensure that availability of Cantabria Calling products and services will be uninterrupted and that transmissions will be error-free.  However, due to the nature of the internet, this cannot be guaranteed.  Also, your access to our products and services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new products and services or services.  We will attempt to limit the frequency and duration of any such suspension or restriction. Cantabria Calling will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the products and services supplied by Cantabria Calling. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.  This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. The laws of some countries do not allow some or all of the limitations described above.  If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. By purchasing one or more of our walking activities or related products and services, you accept full responsibility for your safety and well-being and for those, including children, in any group or party. Cantabria Calling does not accept responsibility for any injury, loss or damage incurred in the course of any walking activity related to our products and services. All walking routes in Cantabria Calling Walking Activities have been checked in the previous twelve months and all directions contained therein are deemed accurate. Cantabria Calling is not responsible for occasional interruptions to routes caused by local circumstances, the actions of other landowners such as farmers, geographical or geological events, weather conditions or other circumstances beyond our control. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. 10     APPLICABLE LAW These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live. 11    ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE We reserve the right to make changes to any Cantabria Calling service, policy or terms and conditions including these Conditions of Use at any time.  You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you purchase any Cantabria Calling product or service.  If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 12      WAIVER If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use. 13     CHILDREN We do not provide products and services for purchase by children.  We understand and acknowledge that children may accompany adults in activities related to our products and services.  If you are under 18 you may use products and services from Cantabria Calling only with the involvement and approval of a parent or guardian. 14    OUR CONTACT DETAILS You are welcome to contact us via our website. 15     COMPLAINTS PROCEDURE If you wish to complain about any aspect of our website or any of our products and services or if you believe that your rights are being infringed, you may submit a letter of complaint detailing the nature of your grievance and including an address or e-mail so that we can get back to you. We aim to respond promptly to any complaints. Upon receipt of a letter of complaint we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defences, all of which are expressly reserved. Furthermore, in submitting a letter of complaint, you grant to Cantabria Calling the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. You agree to indemnify Cantabria Calling for all claims brought by a third party against Cantabria Calling arising out of or in connection with the submission of a letter of complaint. Important Warning: giving false, misleading or inaccurate information in a letter of complaint to Cantabria Calling may result in civil and/or criminal liability.

CONDITIONS OF SALE

These Conditions of Sale govern the sale of products and services by Cantabria Calling to you. Please read these conditions carefully before placing an order with Cantabria Calling.   By placing an order with Cantabria Calling, you signify your agreement to be bound by these conditions. 1    OUR CONTRACT Your order is an offer to Cantabria Calling to buy the product(s) in your order. Please note that we sell products and services only in quantities which correspond to the typical needs of an average household. This applies both to the number of products and services ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household. 2    PAYMENTS, TAXES, AND REFUND POLICY a)     Purchases by download or e-mail. You agree that you will pay for all products and services you purchase through the website, and that Cantabria Calling may charge your payment method for any products and services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing Cantabria Calling with a valid payment method for payment of all fees. Your total price will include the price of the product plus any applicable VAT (in effect on the day of download). You have the right to withdraw from your transaction without charge and without giving any reason until delivery of the product has started. You do not have the right to withdraw from a transaction once delivery of the product has started at which point your transaction is final. Cantabria Calling’s services commence immediately when you begin to download a product or an e-mail is sent and you will not have a right to cancel your contract once the services commence unless you have received an unacceptably poor download. If this happens, you must tell us as soon as possible by contacting us by e-mail, and if the poor download is caused by Cantabria Calling a replacement will be provided. However, if the situation cannot be resolved, a refund may be provided. If a product becomes unavailable following a transaction but prior to download, your sole remedy is likely to be limited to a refund of the price paid for the unavailable product. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Cantabria Calling. b)    Delivery by post When you place an order to purchase a product from Cantabria Calling, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”).  Your contract is with Cantabria Calling Ltd. Without affecting your right of withdrawal, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product. Matters relating to late or unsuccessful delivery of a product should be taken up with the delivery agent (usually Royal Mail) in the first instance. If a product becomes unavailable following a transaction but prior to dispatch, your sole remedy is likely to be limited to a refund of the price paid for the unavailable product.If you feel that you have received an unacceptably poor quality product, you must tell us as soon as possible by contacting us by e-mail, and if the poor quality is caused by Cantabria Calling the item should be returned to us and a refund may be provided along with the cost of returning the item. Important Warning: giving false, misleading or inaccurate information concerning poor quality download or Walking Activity purchased from Cantabria Calling may result in civil and/or criminal liability. 3    PRICING AND AVAILABILITY All prices are inclusive of legally applicable VAT. We list availability information for products and services sold by us on the website including on each product information page.  Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability.  As we process your order, we will inform you by e-mail as soon as possible if any products and services you order turn out to be unavailable and you will not be charged for those products and services. Please note that unless otherwise stated on the website, delivery estimates are just that.  They are not guaranteed delivery times and should not be relied upon as such. 4    PRODUCT INFORMATION The products and services available for purchase are described on the relevant product page of the website. 5    CUSTOMS When ordering products from Cantabria Calling for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination.  Any additional charges for customs clearance must be borne by you; we have no control over these charges.  Customs policies vary widely from country to country, so you should contact your local customs office for further information.  Additionally, please note that when ordering from Cantabria Calling, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products and services.  Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. 6    ORDERING Delivery by e-mail or download is the fastest and easiest way to order products safely and securely from Cantabria Calling.  If you are using a public or shared computer terminal, we advise that you take particular care with personal and financial data. All orders are handled via a secure payment facility (Pay-Pal) and no financial data is passed to or stored by Cantabria Calling. 7    OUR LIABILITY Cantabria Calling will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products and services by us to you was formed. The laws of some countries do not allow some or all of the limitations described above.  If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct. We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.  This condition does not affect your right to have the products and services sent to you within a reasonable time.  If the delay occurs before the products and services are dispatched, we will not charge you for the products and services until they are dispatched and you may cancel your order at any time prior to dispatch. 8    APPLICABLE LAW These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Luxembourg or in the EU country in which you live. 9    AMENDMENTS TO THE CONDITIONS OF SALE We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time.  You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products and services from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you).  If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. 10    WAIVER If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale. 11    CHILDREN We do not provide products and services for purchase by children.  We understand and acknowledge that children may accompany adults in activities related to our products and services.  If you are under 18 you may use products and services from Cantabria Calling only with the involvement and approval of a parent or guardian. 12    OUR CONTACT DETAILS You are welcome to contact us via our website. Cantabria Calling 25th April 2017 Review Date      Cantabria Calling will review this policy by end of March 2018