Terms & Conditions

1. INTRODUCTION

This document (together with the documents identified as “Legal Notice” and “Privacy Policy and Cookies”) establishes the conditions governing the use of this website (www. thecutproject.com) and the purchase of products in it. Please read these Purchase Conditions, our Privacy policy and our Legal Notice carefully before using this Website. These General Conditions may be amended. therefore, we recommend that you proceed to the reading of the same periodically, therefore, you must be aware that those that are in force at the time of making the order or fail at the time of use of the website will be applied. If you have any questions regarding these General Conditions or our Legal Notice or Privacy and Data Protection Policy you can contact us through our email address info@thecutproject.com.

2. OUR DETAILS

The sale of goods through this website is executed under the name THE CUT PROJECT a Spanish trademark property of THE YEAR OF THE CUT S.L., whose registered address is C/ Buitrago del Lozoya 17, 3B, 28035 Madrid (Spain), with VAT: ES B88413364 and email address info@thecutproject.com.

Hereafter in this document, we will only mention the company’s trade name: THE CUT PROJECT.

3. YOUR DETAILS AND VISITS TO THIS WEBSITE

The personal details or information you provide shall be processed in accordance with the Privacy Policy. The use of this website implies your consent for the processing of the aforementioned information or details. You likewise confirm that all the information and details you provide are true and accurate.

4. HOW TO PLACE AN ORDER

To make an order you should follow the online shopping procedure and click on Place the Order. You will then receive an email acknowledging the receipt of your order (Order Confirmation). Moreover, you will be informed via email confirming that the order has been sent (Delivery Confirmation).

5. ERROR CORRECTION

If while registering to become a user of this website you notice that there is an error in your personal details, you will be able to modify them in the My Account section.

If you notice an error in your order after finalizing the payment process, you should contact our Customer Services sending an email to info@thecutproject.com to correct the error.

6. PRODUCT AVAILABILITY

All product orders are subject to availability. Therefore, in the event of any difficulties occurring with regard to the supply of products or if they are no longer available in stock, we reserve the right to provide you with information on substitute products of the same or higher quality and value than those you had ordered. If you do not wish to order these substitute products, we will refund any amounts you may have paid.

7. SHIPPING

Currently THE CUT PROJECT only does deliveries to Spain (except Ceuta and Melilla), Germany, Austria, Belgium, France, Italy, Ireland, Luxembourg, Netherlands, Portugal, United Kingdom, Denmark, Finland and Sweden.

7.1. Delivery Time and Delivery Price List

The delivery timeframe will range between 24 and 72 hours in Spain and 48 and 96 hours in Europe during business days, excluding Saturdays, Sundays and holidays.

The Company will acknowledge receipt of the order through email or sms and will provide an estimated date of delivery of the purchased items.

You have to keep in mind that the transportation company does not ship on weekends or holidays. If your order has been processed on a Friday after 12am it is very likely that it will not be sent until the following Monday.

Check our delivery chart below for more info:

DESTINATION	PRICE (VAT INCLUDED)
SPAIN (MAINLAND)	0,00 €
BALEARIC ISLANDS	4,10 €
CANARY ISLANDS	21,50 €
PORTUGAL	0,00 €
FRANCE	9,30 €
GERMANY	7,75 €
ITALY	7,75 €
U.K.	20,00 €
BELGIUM	9,90 €
LUXEMBOURG	9,90 €
NETHERLANDS	9,90 €
AUSTRIA	12,35 €
IRELAND	12,35 €
DENMARK	12,35 €
FINLAND	12,35 €
SWEDEN	12,35 €
USA	40,00 €

The prices shown above are indicative. All prices include VAT (shipping expenses for the USA, U.K. and Canary Islands are VAT exempt). The final shipping costs are calculated automatically at the time of purchase, after entering your data and shipping options and always before confirming the purchase. The shipping rates outside the Iberian Peninsula (Canary Islands and other countries) are subject to customs duties and other fees that will be charged separately.

Shipping costs include transport, insurance and customs clearance in origin. The recipient will be responsible for all of the importation costs and taxes that are incurred at the destination, whether the goods are delivered or not. For deliveries to countries that don’t belong to the European Union, customs costs aren’t included at the destination nor are other taxes (customs duty), in order to receive the merchandise, the recipient must pay in cash.

We will attempt to deliver the order in the least amount of time possible, but the customer must keep in mind the regulation of the country of destination for the importation of the requested articles, since THE CUT PROJECT has no responsibility in this aspect. THE CUT PROJECT won’t be imputable either for the effects produced by strikes, war conflicts or other circumstances that are beyond its control.

THE CUT PROJECT won’t be responsible for the delays in customs clearance or if the local authorities decide to confiscate any element that forms a part of the delivery.

THE CUT PROJECT assumes no responsibility when the delivery of the product cannot be made as a result of the data provided by the customer being false, inaccurate or incomplete or when the delivery cannot be carried out for reasons beyond the shipping company.

7.2. Delivery

Except in the event of exceptional circumstances, we shall send the order containing the product(s) listed in the Delivery Confirmation within the timeframes stipulated on the website for the selected delivery method and in any event within 30 days following the date of the Order Confirmation.

If for any reason we could not meet the date of delivery, we will inform you of this circumstance and we will give you the option to go ahead with the purchase establishing a new delivery date or cancel the order with the refund of the price paid. For the purpose of these Conditions, the “delivery” will be considered as made, or that the order has been “delivered” at the time you or a third party you have indicated for this purpose, acquires physical possession of the goods, which will be accredited by signing the receipt of the order at the agreed delivery address.

7.3. Inability to Deliver

If it is impossible for us to deliver your order, you will receive a message to the telephone number you have given to us, informing you of the office of the office of the shipping company in charge of the delivery, where your order is to be picked up, or if you wish, you can contact that office to arrange a second delivery attempt.

If it is not possible to deliver it a second time, the order will be returned to the office of the transport company and will remain there for 15 days waiting for you to pick it up. If the order is not collected within this period, it will be returned to our offices and it will be considered that you wish to cancel the contract and we will treat it as cancelled.

As a result of terminating the contract, we will refund any amounts we have received from you, excluding the delivery costs, and in any event within a maximum period of 14 days from the date when we consider that the contract has been terminated. Please bear in mind that transportation arising as a result of terminating the contract may incur additional costs, as a result of which we are authorized to charge you the corresponding costs.

In Europe, if it is not possible to deliver the order, the transport company or THE CUT PROJECT will send you an email indicating the Delivery Pick Up Point where the order has been delivered.

If after 30 days of the order becoming available for delivery it has still not been delivered for causes not attributable to THE CUT PROJECT or the transport company, we shall assume that you wish to cancel the contract and that it is therefore terminated.

7.4. Care upon Delivery

Claims will only be accepted for damages or flaws in the product during transportation, when these damages have been notified at the time of delivery and in the presence of the courier, indicating the anomalies in the delivery note and by e-mail to THE CUT PROJECT . The client will have to verify the good conditions of the parcel and indicate any incidence like blow, breakage, indications of having been opened or any damage caused by the shipment.

7.5. Transmission of Risk and Ownership

You will be responsible for the risks involved with the products once they are delivered. You will acquire ownership of the products once we receive the full payment of all amounts due in relation to the same, including delivery fees, or alternatively upon delivery

8. PRICE & PAYMENT

The prices shown on the website are inclusive of all indirect taxes, but exclude delivery fees, which shall be added to the total amount as shown in the section Delivery.

For information purposes only, the prices can be shown in currencies other than Euros. At THE CUT PROJECT we cannot assure the exact exchange rate into Euros of prices shown in another currency. All transactions are made in Euros. The payment process will show the prices and transport fees and final amount payable in euros, the latter being the amount to be charged to your account.

Prices may change at any time, but this will not affect orders for which we have already sent an Order Confirmation.

Once you have selected all the goods that you wish to purchase, these will be added to your shopping cart. The next step is to process the order and make the payment. To do so, you must follow the necessary steps indicated in the purchase process, filling in or checking the information required in each step. Also, during the purchase process, and before making the payment, you may modify your order details. A detailed description of the purchase process is shown in the Shopping Guide. Also, if you are a registered user, you can find details of all of the orders you have placed in My Account area, entering Access My Account and then My Orders.

You can pay using Visa, Mastercard, American Express and Bizum. In order to minimize the risk of non-authorized access, your credit card information will be encrypted. Once we receive your order, we will make a pre-authorization on your card in order to ensure that there are sufficient funds in order to complete the transaction. Your card will be charged as soon as the bank authorizes the transaction.

By clicking on Authorize Payment, you confirm that the credit card is yours or that you are the legitimate holder of the gift card.

Credit cards will be subject to verification and authorization by the corresponding issuing body. However, we will not be held liable for any delays or failure to deliver if said body does not authorize payment and we will be unable to formalize any Contract with you.

9. ANONYMOUS PURCHASE

This website allows you to shop without registering. When you are going to carry out the purchase you will only be requested to provide essential details in order to process your order.

10. ADDED TAX

Pursuant to the terms and conditions of article 68 of Act 37/1992 of 28 December on Value Added Tax, deliveries shall be considered to be located in territory where the Spanish VAT rate applies if the delivery address is located in Spain and European Union countries.

The applicable VAT rate shall be that in effect at the time each specific item is ordered.

In the event that the purchase is made in any country except those listed in the previous paragraph, the prices that appear on our website will not include indirect taxes, customs fees or any other charges applied in the destination country.

By making the purchase, you expressly authorize us to issue an invoice electronically. However, you may indicate at anytime your wish to receive a hard copy of the invoice. In that case, we will issue and send to you the invoice in said format.

11. RETURNS POLICY

11.1. General Provisions

Your right to withdraw from the contract applies exclusively to those products that are returned in the same condition as you received them. No refunds will be made on products that have been used beyond their mere opening, for products that are not in the same state as when they were delivered, or if they have been damaged in any way. It is therefore important that you handle the products carefully whilst they are in your possession.

11.2. To Withdraw from Purchase

If you enter into this contract as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without giving any reason but only regarding those items that can be returned.

The withdrawal period will expire at 14 calendar days after you or a third party appointed by you, other than the courier, acquired actual possession of the goods, or if the goods included in your order were delivered separately, at 14 calendar days after you or a third party appointed by you, other than the courier, acquired actual possession of the last of those goods. In any case, you must deliver the goods to us within a maximum period of 30 days after the date of delivery of the products that can be returned.

To exercise the right of withdrawal, you must notify your decision to desist from the contract, writing to our email info@thecutproject.com. THE CUT PROJECT will not accept any returns that have not been previously approved by one of our agents.

In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise on its part of this right be sent before the deadline expires. Your right to desist from the contract shall apply only to products returned under the same conditions as you received them. No reimbursement will be made if the product has been used beyond the mere opening thereof, of products which are not in the same conditions as they were delivered or have suffered any damage, so you must be careful with the product(s) while in your possession. Please return the item using or including all of its original packaging and other documents accompanying it (laces, cotton bag, card…)

11.3. Consequences of Withdrawal

If you withdraw from the contract, we will refund the payment you have made to acquire the product within at the latest 14 calendar days from the date on which you inform us of your decision to withdraw from the contract; in case the product is not in perfect condition we will have the right to deny the refund. The delivery fee will not be refunded.

We will make the refund using the same means of payment you used for the initial transaction. However, we may withhold the refund until the goods have been received, or until you have supplied evidence of having returned the goods, depending on whichever condition occurs before.

The products must be returned by the customer through a shipping company of their own choice and will be delivered in the same condition in which they were received, together with their complete original packaging, documentation, labels and with any accessories related to them. This return expenses will be borne by the customer.

You will only be liable for any loss in value of the goods resulting from any unsuitable handling other than that necessary to ascertain the nature, characteristics and functioning of the goods.

Essential Prerequisite: Only products that are returned in the same condition in which they were delivered may be allowed to be returned. No reimbursement will be made if the product has been used beyond the mere opening thereof, of products which are not in the same conditions as they were delivered or have suffered any damage, so you must be careful with the product (s) while in your possession. Please return the item using or including all of its original packaging and other documents accompanying it (laces, cotton bag, card…)

11.4. Return of Faulty Products

In the event that you consider that the product does not conform with the contract at the time of delivery, you should promptly contact us through our Customer Services: info@thecutproject.com and we will instruct you on how to proceed.

After carefully examining the item we will inform you with an email of THE CUT PROJECT within a reasonable period of time whether you are entitled to a refund or replacement (as appropriate). Said replacement or refund will be made as soon as possible and in any event within 14 days following the date we sent you an email confirming the refund or replacement of the faulty item.

Products returned by you due to a genuine flaw or defect will be refunded in full, including a refund for the delivery charges for shipping the item to you. The refund will be made using the same payment means which was used to make the purchase. In any event your statutory rights are not affected.

Claims for damages or flaws in the product caused by transport, will only be accepted when these damages have been notified at the time of delivery and in the presence of the courier, indicating the anomalies in the delivery note and by e-mail to THE CUT PROJECT.

The customer must check the proper condition of the package and indicate any incident such as blow, breakage, signs of having been opened or any damage caused by the shipment.

The products we sell, especially those that come from natural origin, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variations in grain, texture, knots and color, will not be considered as flaws or defects. On the contrary, they should be considered as an essential aspect to be appreciated. We only select products of the very highest quality, although natural characteristics are unavoidable and should be accepted as part of the individual appearance of the product.

THE CUT PROJECT is not responsible for deterioration caused by misuse of the product or by subjecting it to improper conditions that exceed the limits it was designed for.

11.5. Return Procedure

Please read carefully each topic contained in our returns policy. The stated procedure of returns will be as follows:

The return must be requested indicating the order number and the reasons thereof, by writing an email to info@thecutproject.com. All returns must be approved by THE CUT PROJECT.

Returns will only be accepted if the products are returned in the same condition as you received them. They must be packed in their original packaging with all the accessories (cotton bag, laces, tissue paper, card…) and protected by the same carton in which the shipment was made. You must also include a printed copy of the return authorization email that we sent to you.

The return period is 14 calendar days since the product is delivered to you and we must receive it back in our warehouses within 30 days after the delivery date.

If the return is attributable to THE CUT PROJECT, which means that the product is defective or is not what was ordered, the amount will be refunded and the shipping and return expenses will be repaid. However, if any other reason is given (e.g. the products were served correctly but they are not to your liking), the customer will bear the cost of the shipping and return charges. Once the return is completed, THE CUT PROJECT will check the condition of the product and will refund it, if applicable.

In short, the customer will bear the costs of return except if it this return had been caused by an erroneous or defective product.

If the return is approved, you will receive the full amount, excluding the shipping costs, within 14 days or until THE CUT PROJECT verifies that the product is returned in optimal condition. The refund will be done through the same means with the purchase was made.

THE CUT PROJECT will not be held responsible for the charges occasioned by those returns that are produced without respecting the established requirements of this procedure.

12. EXCHANGE POLICY

12.1. General Provisions

In order to avoid unnecessary shipping costs and to mitigate the carbon footprint of transportation, it is important that you make the right choice of model, color and size number. It is clearly shown on our website how to find the measurement of the foot and its equivalent size number.

THE CUT PROJECT only accepts changes when this means a change of size, always on the same model and color. The Cut Project will only allow one (1) change for another size (larger or smaller without distinction) for the same purchased product. Therefore, it will not be possible to make a change for another product that is different from the one initially acquired (regardless of whether it is the same size or a different one). It is not permitted to make more than one (1) change for each item.

If you wish to make a change for a different item, you must return the initially purchased product, following the conditions established in the section Returns Policy, and place a new order for the desired product through the website. The prices and promotions will be those in force at the time of placing the new order.

12.2. Change of Size

In cases where, despite you have made the appropriate measurement of your foot and calculated its size number correspondence, you consider that the size of the purchased product does not conform to your needs, and without prejudice to the right of withdrawal that you are legally attending, you can request the change of size by contacting us through our email info@thecutproject.com, after 14 calendar days of receipt of the product. It must be considered the same purchased item, as no changes are accepted for other products different from the model and color initially acquired.

In Mainland Spain and Portugal, the change will take place as follows: at the same time that we pick up the wrong size we will give you the correct size. For this, once we tell you the date on which the courier will come to make the change, you must prepare the item to be returned, by placing the product in a cardboard box that protects it during shipping, preferably in the same shipping box where you received it. The parcel must include the original box and all the elements that accompany it (cotton bag, card, laces, tissue paper…) in perfect condition. The delivery of the exchange by the courier will be subject to the same conditions specified in our shipping section.

For all other countries, a return shall be made with the corresponding refund, under the same conditions as indicated in point 11.5 (the customer is responsible for the return shipping costs). The customer will then, if desired, place a new order in the correct size.

We reserve the option to inform you of substitute products of equal or higher quality and value in case the size you request for change is not available at the time of your application. If you do not wish to place an order for these replacement products, we will proceed according to our Returns Policy (see Returns Policy section).

13. GARANTIES

If you enter into the contract as a consumer and user, we provide guarantees on the products sold through this website, in the legal terms established for each product type.

The products shall be considered as complying with the Contract providing that:

they match the description we provide and possess the qualities we have indicated on this website.
they are suitable for the purposes for which products of the same kind are usually intended.
they show the usual quality and features that would normally be expected of a product of the same kind.

To this effect, if any of the products do not conform with the contract, you should inform us of this fact using the procedure described in the previous section 11.5 and through any of the communication channels therein presented.

The products we sell, especially those that come from natural origin, can often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in grain, texture, knots and color, will not be considered as flaws or defects. On the contrary, they should be considered as an essential aspect to be appreciated. We only select products of the very highest quality, although natural characteristics are unavoidable and should be accepted as part of the individual appearance of the product.

14. LIABILITY AND DISCLAIMERS

Unless specifically expressed otherwise in these Terms and Conditions, our liability for any product acquired on our website is strictly limited to the purchase price of said product.

However and unless otherwise stated by law, we accept no liability for the following losses, regardless of their origin: loss of income or revenue; loss of business; loss of profits or contracts; loss of expected savings; loss of data; and loss of time in management or business hours.

Due to the open nature of this website, and the possibility of errors occurring in the storage and transmission of digital information, we are unable to guarantee the accuracy and security of the information transmitted to and obtained through this website unless otherwise expressly stated therein.

15. WRITTEN COMMUNICATIONS

Legislation requires that some of the information or communications we send to you to be in writing. By using this website, you accept that most of our communications will be in electronic format.

We will contact you by email or provide you with information by posting alerts on this website. For contractual purposes, you consent to the use of this electronic means of communication and accept that any contract, notification, information and other mailings that we send you electronically comply with the legal requirements that such communications be in writing. This condition does not affect your statutory rights.

16. NOTIFICATIONS

By accepting these Terms and Conditions, you are agreeing to receive communications and notifications that THE CUT PROJECT sends to you either by email or to the postal address provided by you. Notifications will be deemed received and carried out correctly as soon as they are posted on our website, 24 hours after an email is sent or three days following the postage date on any letter. In proving the service of any notification, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

17. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract binds both you and us as well as our respective successors and assignees. You may not transmit, cede, levy or in any other way transfer a Contract or any of the rights or obligations which resulted from it, without first obtaining our prior written consent. We may transmit, cede, levy, subcontract or in any other way transfer a Contractor any other of the rights or obligations derived from it, at any time during the term of the Contract. For the avoidance of doubt, said transmissions, cessions, levies or other transfers will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit guarantees, whether express or implied, that we may have granted you.

18. FORCE MAJEURE

We accept no liability for any non-compliance or delay in the compliance of any obligations that we assume under a Contract, attributable to events which are beyond our reasonable control (Force Majeure).

A Force Majeure Event includes any act, event, failure to exercise, omission or accident that is beyond our reasonable control including, among others, the following:

Strikes, lock-outs or other industrial action.
Civil revolts, riot, invasion, terrorist attacks or terrorist threats, war (whether declared or not) or threat or preparation for war.
Fire, explosions, storms, floods, earthquakes, subsidence, epidemics or any other natural disasters.
Inability to use railways, shipping, aircraft, motor transport and other means of transport, public or private.
Inability to use public or private telecommunications systems.
Acts, decrees, legislation or restrictions of any government or public authority.

It is understood that our obligation to comply with any contract will be suspended during the period of Force Majeure and we will avail of an extension of time for fulfilling our obligation during said period. We will use all reasonable means possible to bring the Force Majeure Event to an end or to find a solution whereby we can comply with our obligations pursuant to the Contract despite the Force Majeure event.

19. WAIVER

The fact that we may not insist on strict compliance with any of the obligations you assume under the contract or any of these Terms and Conditions, or do not exercise any of the rights or actions that we are entitled to exercise or interpose pursuant to said Contract or these Terms and Conditions, shall not constitute a waiver of said rights and actions nor release you from complying with said obligations.

No waiver made by us regarding a specific right or action shall imply the waiver of any other rights or actions arising from the contract or the Terms and Conditions.

No waivers on our behalf of any of these Terms and Conditions or rights or actions arising from the contract shall take effect unless expressly stated and communicated to you in writing in accordance with provisions set forth in the Notifications section above.

20. SEVERABILITY

In the event that these Terms and Conditions or any regulation contained in a contract should be considered invalid or unenforceable in any extent by a competent authority, these shall be severed from the remaining terms and conditions and regulations will continue to be valid to the fullest extent permitted by law.

21. CONTRACT INTEGRITY

These Terms and Conditions and any document to which express reference is made in the same constitute the entire agreement existing between you and us in relation to the object of the contract and replaces any other prior pact, agreement or promise acquired between you and us, either verbally or in writing. You and ourselves acknowledge that by entering into an agreement, neither party has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such agreement except as expressly stated in these Terms and Conditions.

Neither you nor ourselves will take any action regarding any untrue statement made by the other party, either verbally or in writing, prior to the contract date (unless such untrue statement had been made in a fraudulent manner), and the only action that may be taken by the other party will be due to non-compliance of the Contract in accordance with provisions set forth herein.

22. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to review and modify these Terms and Conditions at any time. You will be subject to the current policies and Terms and Conditions each time you use this website or place an order, except in the event that we are required to make changes to said policy, Terms and Conditions or Privacy Statement due to legislation or the decision of governmental bodies. In such case, the possible changes will also affect any previous orders placed.

23. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and product purchase contracts entered into via said website are governed by Spanish legislation. Any dispute that arises from or related to the use of the website or aforementioned contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you enter any such contracts as a consumer, the contents of this clause will not affect your statutory rights.

24. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

We welcome your comments and suggestions. Please send us any comments and suggestions, as well as any enquiries, complaints or claims, via info@thecutproject.com you can get in touch with our Customer Services. Official complaint forms are available for consumers and users.

These can be requested by contacting our Customer Services.

Complaints and claims made will be dealt with in the shortest possible period of time and, in any event, within the maximum period of one month. Complaints and claims shall be registered with an identification code which you will be provided with, and which will allow you to track their progress.

If as a consumer you feel your rights have been infringed, please send your complaints by email info@thecutproject.com to request an out-of-court dispute resolution.

Thus, if your purchase was made from us online via our website, pursuant to EU Regulation No.524/2013, you are hereby informed that you are entitled to request an out-of-court dispute resolution on accessible consumption at the Internet address: http://ec.europa.eu/consumers/odr/.

25. PROMOTIONAL CONDITIONS

Each code will be subject to specific conditions of use (indication of period of validity and the discount offered).

The general terms of promotional codes will be as follows, unless otherwise specified:

They cannot be used in conjunction with other special offers, discounts and promotions.

They are only valid for personal use and are non transferable to other users.

They are not valid on any other webpage or establishment that sells THE CUT PROJECT products, unless otherwise stated.

To obtain the discount you should enter the promotional code into the field Promotional Code always using capital letters and without spaces, after having entered your personal details in the selected payment method on our website.

In the event you experience any difficulty entering the promotional code, please contact our Customer Services or send an email to info@thecutproject.com