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These General Terms and Conditions of Sale (hereinafter, the "Terms" or the "General Conditions") govern, on an exclusive basis, the contractual relationships between COLD WORLDWIDE, S.L. (formerly DIGITAL GEAR, S.L.; hereinafter, "COLD WORLDWIDE" or "the Company") and the consumers and users who purchase products through the website https://www.coldcultureworldwide.com (the "Website"), operated under the trade name "Cold Culture".
These General Conditions have been drafted in accordance with: (i) Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce ("LSSI-CE"); (ii) Royal Legislative Decree 1/2007, of 16 November, the consolidated text of the General Law for the Protection of Consumers and Users ("TRLGDCU"), as in force following the transposition of Directive (EU) 2019/770, Directive (EU) 2019/771 and Directive (EU) 2019/2161 (the "Omnibus" Directive), implemented by Royal Decree-Law 7/2021 and Law 4/2022; (iii) Law 7/1998, of 13 April, on General Contracting Conditions ("LCGC"); (iv) Law 7/1996, of 15 January, on Retail Trade Regulation ("LOCM"); (v) Regulation (EU) 2022/2065 on the Digital Services Act ("DSA") and Regulation (EU) 2022/1925 on the Digital Markets Act ("DMA"), to the extent applicable; (vi) Regulation (EU) 524/2013 on online dispute resolution; (vii) Regulation (EC) 593/2008 ("Rome I"); and (viii) Regulation (EU) 1215/2012 ("Brussels I bis").
The complete identifying data are also included in the Legal Notice published on the Website.
The purpose of these General Conditions is to govern the offer, contracting and execution of the distance sale of the products offered by COLD WORLDWIDE through the Website, directed exclusively to final consumers in accordance with Article 3 TRLGDCU.
Placing any order implies full and unreserved acceptance of these General Conditions in force at the time of its formalisation, as well as of the Legal Notice, the Privacy Policy, the Cookies Policy, the Shipping Policy and the Returns and Exchanges Policy. Before completing the purchase process, the User will be required to expressly accept these General Conditions by means of the checkbox or equivalent mechanism provided for this purpose.
COLD WORLDWIDE will make available to the User, before the order is dispatched, a downloadable and printable version of these General Conditions, and will send to the email address provided the confirmation of the contract in accordance with Article 98 TRLGDCU, including the accepted General Conditions on a durable medium.
The Website allows the delivery of products to Spain (mainland, Balearic Islands, Canary Islands, Ceuta and Melilla), the rest of the European Union, the United Kingdom, the United States and other international destinations that are enabled in the Shipping Policy in force.
Natural persons of legal age (18 years) with full capacity to act who act as a consumer or user may contract through the Website. Those who do not meet these requirements must refrain from placing orders. The Company presumes in good faith the accuracy of the declaration of legal age and capacity made by the User, without prejudice to the verification powers it may exercise in the event of doubt.
Before being bound by the contract, the User will be provided, in a clear and comprehensible manner and on a medium that allows its retention, with the pre-contractual information required by Article 97 TRLGDCU, in particular:
a) the main characteristics of the product, appropriate to the means of communication used;
b) the identity and contact details of the business operator;
c) the total price, including taxes and, where applicable, the additional costs of transport, delivery or any others, or the manner of calculating them where they cannot be reasonably calculated in advance;
d) the means of payment, the delivery methods and the period of execution of the contract;
e) the internal complaint-handling procedures;
f) the right of withdrawal, its conditions, deadlines, procedure for exercising it and the standard form provided for in Annex B of the TRLGDCU, as well as the cases in which that right is not applicable in accordance with Article 103 TRLGDCU;
g) the reminder of the existence of a legal guarantee of conformity of three (3) years from delivery of the product (Art. 120 TRLGDCU) and, where applicable, of additional commercial guarantees;
h) the duration of the contract and the conditions for its termination;
i) the existence of applicable codes of conduct and the way to consult them;
j) the out-of-court complaint and redress mechanisms, including the European ODR platform.
Additionally, and in compliance with the Omnibus Directive (Law 4/2022), where price reductions are announced, the lowest prior price applied during the thirty (30) days before the application of the reduction will be indicated, except in the cases exempted by the regulations for perishable or short-shelf-life products.
The descriptions, photographs, videos and size guides offered in the product sheets are informative in nature and faithfully reflect the main characteristics of the product. Images may present slight colour variations resulting from the calibration of the devices used by the User, and measurements may vary by ± 2 cm with respect to the published size guide. COLD WORLDWIDE expressly warns of these variations, which in no case affect the suitability of the product for its usual use.
The price, availability and essential characteristics of each product are those indicated in the corresponding product sheet at the time of purchase. In the event of a manifest or obvious error in the published information (price, description, image), the Company may rectify said error in accordance with contractual good faith, informing the User before the order is dispatched, who may choose between confirming the order at the correct price or cancelling it with full refund of the amounts paid.
The Company may introduce non-essential modifications to the components, accessories or characteristics of the product arising from supplier availability, provided that they do not impair the qualities and features objectively communicated.
Prices are expressed in euros (€) and include, by default, the Value Added Tax (VAT) applicable in Spain. Where delivery is made to the Canary Islands, Ceuta or Melilla, prices will be adjusted to the corresponding tax regime (IGIC, IPSI, etc.), as detailed in the purchase process.
Shipping and handling costs and, where applicable, the customs duties, tariffs and indirect taxes applicable to shipments outside the European Union, will be itemised before the completion of the order. Detailed information is available in the Shipping Policy. The prices in force are those published on the Website at the time of formalisation of the order, save for a manifest typographical error.
If a price reduction is announced (e.g., campaigns, sales or Black Friday), the Company will indicate the prior price, understood as the lowest price applied during the thirty (30) days before the promotion, in accordance with Article 20.1 LOCM and the Omnibus Directive.
The purchase process consists, in essence, of the following steps:
i. selection of the product, size and quantity, and addition to the "Cart";
ii. review of the cart and, where applicable, application of the promotional code;
iii. identification as a registered User, as a guest by providing an email address, or creation of a new account;
iv. completion of the delivery and billing data, selection of the shipping method and, where applicable, choice of pick-up point;
v. selection of the means of payment and completion, where applicable, of the data required by the payment service provider;
vi. verification of the order information and confirmation by clicking the "Pay now" button or equivalent, the label of which will unequivocally indicate, in accordance with Article 98.2 TRLGDCU, the obligation to pay;
vii. sending by COLD WORLDWIDE to the User's email address, within a maximum period of twenty-four (24) hours, of the electronic acknowledgement of receipt of the order in accordance with Article 28 LSSI-CE, which will include the essential data of the contract, the accepted General Conditions and the information required by Article 98 TRLGDCU.
The contract shall be deemed concluded at the moment the User receives the electronic acknowledgement of receipt of the order from COLD WORLDWIDE. The Company will archive the electronic documents in which the contract is formalised and will make them available to the User through their account, or, where applicable, upon request to the email address hello@coldcultureworldwide.com.
COLD WORLDWIDE reserves the right not to accept orders: (i) where the information provided is inaccurate, incomplete or fraudulent; (ii) due to supervening unavailability of the product; (iii) due to reasonable indications of use not in accordance with these General Conditions; or (iv) due to breach of the applicable regulations. In such cases, the User will be informed and, where applicable, the amounts paid will be fully refunded.
Payment for orders placed through the Website will be made exclusively by means of the electronic payment methods enabled in the payment gateway during the purchase process, which may include bank card (Visa, Mastercard, American Express), digital wallet (Apple Pay, Google Pay, PayPal or others) and any other electronic mechanisms that the Company may enable from time to time.
Cash payments will not be accepted, nor will payments by cheque, promissory note, postal order, manual bank transfer, cash on delivery or any other means of payment other than those expressly offered in the payment gateway of the Website. Any attempt to pay through a non-admitted channel will be deemed not made and will have no discharging effect whatsoever, nor will it give rise to the dispatch of the order.
Card payments are processed through payment gateways of financial entities and providers certified in accordance with the PCI-DSS standard and with reinforced SCA authentication (PSD2). COLD WORLDWIDE does not store the card data nor have full access to it, limiting itself to receiving confirmation of the charge from the payment service provider.
Refunds, where applicable, will always be made through the same means of payment used by the User in the initial transaction, unless the User has expressly arranged otherwise, subject to the technical availability of the provider and provided that it does not entail any cost for the User. No refund will be made in cash or by cheque.
In accordance with Article 112 TRLGDCU, where the amount of a purchase has been charged fraudulently or improperly using the number of a payment card, its holder may demand the immediate cancellation of the charge. In such case, the corresponding debit and re-credit entries in the accounts of the business operator and the holder will be made as soon as possible. However, if the purchase was in fact made by the cardholder and the demand for refund is not a consequence of having exercised the right of withdrawal or termination, the holder shall be liable to COLD WORLDWIDE for compensation for the damages caused as a result of said cancellation.
For information purposes and in compliance with Article 7.2 of Law 7/2012, of 29 October, on the prevention of tax fraud, it is noted that, in any case, cash payments are prohibited under Spanish regulations in transactions involving a business operator or professional for an amount equal to or greater than 1,000 euros (or its equivalent in foreign currency).
COLD WORLDWIDE maintains a strict zero-tolerance policy against any fraudulent or abusive conduct, or conduct contrary to the regulations on the prevention of money laundering, identity theft, or improper use of the Website or means of payment. Consequently, the following is expressly prohibited, and the Company may reject, suspend or cancel orders, accounts or transactions without prior notice where they are detected or there is well-founded suspicion of:
k) the use of false, inaccurate, incomplete personal, billing or payment data, or data belonging to a third party without their authorisation, or the impersonation of the identity of any natural or legal person;
l) the use of stolen, cloned, duplicated, transferred or misappropriated bank cards, accounts or payment instruments, or the making of charges not authorised by the holder;
m) transactions which, due to their amount, structure, fragmentation, repetition, origin or destination, present indications of artificial fragmentation with the aim of circumventing legal thresholds ("structuring" or "smurfing"), of integration into the economic system of funds of illicit origin, or of terrorist financing, within the meaning of Law 10/2010, of 28 April, on the prevention of money laundering and the financing of terrorism, and Regulation (EU) 2015/847 on information accompanying transfers of funds;
n) the use of the Website or of the products purchased for purposes of resale, commercial distribution, drop-shipping, parallel export or any other professional activity, the Company having to warn that this channel is directed exclusively to final consumers within the meaning of Article 3 TRLGDCU;
o) the abusive or bad-faith use of the right of withdrawal, of the voluntary exchanges and returns programme, of promotions, coupons, discount codes, loyalty programmes or gift cards, including, by way of illustration: (i) the creation or use of multiple accounts by the same person to circumvent limitations or accumulate advantages; (ii) the systematic return of used, damaged products or products replaced by others different from those delivered; (iii) the manipulation of promotional codes, affiliations or referral programmes;
p) the carrying out of computer attacks, mass scraping, automated purchasing techniques (bots) that prevent access to the Website on equitable terms for other consumers, the exploitation of technical vulnerabilities, or any act that compromises the integrity, confidentiality or availability of the service;
q) the use of the Website to harass, threaten, discriminate against or insult workers, collaborators or other users of the Company, as well as any other use contrary to the law, morality or public order.
For the purposes of preventing money laundering and combating fraud, COLD WORLDWIDE may (i) require the User to provide reasonable additional documentation to verify their identity, ownership of the means of payment or purpose of the purchase; (ii) limit the amount, frequency or destination of orders; (iii) delay or deny the execution of the order until the appropriate checks have been completed; (iv) unilaterally cancel the order with full refund, where applicable, to the original means of payment; and (v) report the facts to the competent authorities (law enforcement bodies, the Executive Service of the Commission for the Prevention of Money Laundering and Monetary Offences —SEPBLAC—, the Tax Agency, the judicial authority) where required by the applicable regulations.
The User is expressly reminded that, in accordance with Article 7 of Law 7/2012, of 29 October, cash payments are prohibited in transactions involving a business operator or professional for an amount equal to or greater than 1,000 euros (or its equivalent in foreign currency), a threshold which is raised to 10,000 euros where the payer is a natural person not a tax resident in Spain who does not act in the capacity of a business operator or professional. In any case, and as indicated in section 8 above, COLD WORLDWIDE does not accept cash payments through any channel.
Without prejudice to the civil, administrative or criminal actions that may be appropriate, in the foregoing cases the Company may: (i) deny future contracting; (ii) close the account of the infringing User; (iii) claim the damages caused, including management costs, bank fees and professional fees; and (iv) exercise all actions recognised to it by the legal system in defence of its legitimate rights and interests and the protection of its customers.
The delivery conditions (geographic scope, deadlines, rates, carriers and pick-up points) are detailed in the Shipping Policy, which is considered an integral part of these General Conditions.
In accordance with Article 109 TRLGDCU, unless the parties have agreed otherwise, COLD WORLDWIDE will deliver the products within a maximum period of thirty (30) calendar days from the conclusion of the contract. If the Company fails to comply with the delivery obligation, the User may call upon it to make the delivery within an additional period appropriate to the circumstances. If the Company does not comply within that additional period, the User will be entitled to terminate the contract and to receive a full refund within a period not exceeding fourteen (14) calendar days.
In accordance with Article 66 ter TRLGDCU, the risk of loss or deterioration of the products is transferred to the User at the moment when they or a third party indicated by them —other than the carrier— acquires the material possession of the products. Where the User has arranged transport with a carrier not proposed by COLD WORLDWIDE, the risk will be transferred upon delivery of the products to the carrier, without prejudice to the rights the User holds against the latter.
Upon receiving the order, the User must verify the external condition of the packaging. In the event of noticing evident signs of external deterioration, it is recommended to record them on the carrier's delivery note and to communicate them to COLD WORLDWIDE within twenty-four (24) hours at the email address hello@coldcultureworldwide.com. This communication constitutes an operational recommendation and in no case implies a waiver or limitation of the consumer's legal rights, and in particular of the guarantee of conformity regulated in Article 115 et seq. of the TRLGDCU.
COLD WORLDWIDE will issue the corresponding simplified invoice or, at the User's request and provided that they supply the required tax data, a complete invoice, in accordance with Royal Decree 1619/2012, of 30 November, approving the Regulation governing invoicing obligations. The invoice will be sent in electronic format to the email provided by the User, unless the User expressly requests it be sent in paper format.
The User has a period of fourteen (14) calendar days, from receipt of the product or of the last product in the case of staggered delivery, to withdraw from the contract without the need for justification and without any penalty, save for the direct costs of return where applicable. The procedure for exercising it, its effects and the applicable exceptions under Article 103 TRLGDCU are detailed in the Returns and Exchanges Policy, which also incorporates the Model Withdrawal Form provided for in Annex B of the TRLGDCU.
For reasons of clarity and in accordance with the transparency requirements arising from Articles 60 and 80 TRLGDCU, the Returns and Exchanges Policy expressly distinguishes: (i) the legal right of withdrawal, non-waivable for the consumer; and (ii) the voluntary commercial exchange and return policies offered by the Company on an additional basis.
The products marketed by COLD WORLDWIDE are subject to the legal guarantee of conformity provided for in Article 114 et seq. of the TRLGDCU. Said guarantee covers any lack of conformity that becomes apparent within the period of three (3) years from delivery of the product (Article 120.1 TRLGDCU for goods).
Lacks of conformity that become apparent within two (2) years following delivery are presumed to have existed at the time of delivery of the product (Article 121 TRLGDCU), unless proven otherwise or where this presumption is incompatible with the nature of the good or with the nature of the lack of conformity.
In the event of a lack of conformity, the consumer may demand, at no cost: in the first instance, the bringing into conformity by means of repair or replacement; and, subsidiarily in the cases legally provided for, the reduction of the price or the termination of the contract (Arts. 118 to 119 ter TRLGDCU). The choice between repair and replacement corresponds to the consumer, unless one of them is impossible or entails disproportionate costs for the Company.
The period for reporting the lack of conformity is not subject to a deadline for immediate communication: the consumer may claim within the legal guarantee period (three years), without being required to prove the immediacy of the communication from the time they became aware of it.
To exercise the guarantee, the User may contact hello@coldcultureworldwide.com by email, providing the order data, a description of the defect and, where applicable, photographs. COLD WORLDWIDE will confirm receipt and handle the claim diligently and at no cost to the consumer.
The commercial guarantees that, where applicable, the Company or its suppliers may offer will be in addition to the legal guarantee, without limiting or replacing it, and will be governed by their own terms, which will be delivered to the User on a durable medium.
The Customer Service of COLD WORLDWIDE handles enquiries, incidents and complaints through the following channels:
Complaints will be handled within a maximum period of one (1) month from their receipt, in accordance with Article 21.4 TRLGDCU. The User will receive an acknowledgement of receipt and, where feasible, a case number. If the complaint is not satisfactorily resolved, the User may resort to the out-of-court or judicial mechanisms described in the following section.
In accordance with Article 21.3 TRLGDCU, the Company has official complaint forms available to consumers, which will be provided in electronic or paper format upon first request.
In accordance with Article 14 of Regulation (EU) 524/2013, the User is informed of the existence of the European online dispute resolution platform, accessible at https://ec.europa.eu/consumers/odr, which allows consumers and traders resident in the European Union to resolve out of court the conflicts arising from electronic contracting.
Without prejudice to the foregoing, the User may address their complaint to the competent consumer bodies or, where applicable, to any entity accredited for the alternative resolution of consumer disputes in accordance with Law 7/2017, of 2 November. COLD WORLDWIDE declares, for the purposes of Article 40.2 of said Law, that, save for a subsequent express adherence which will be recorded in this section, it is not currently adhered to a specific alternative dispute resolution system, which does not exclude the possibility of submitting to one on a case-by-case basis.
COLD WORLDWIDE provides an information society service consisting of its own electronic commerce, without it constituting an online platform within the meaning of Article 3(i) of the DSA, as it does not allow third parties to publicly disseminate content of their own from consumers or external sellers.
Without prejudice to this, the Company complies with the obligations applicable as an intermediary service provider in relation to its own channels. In particular, it:
r) reports, in the Legal Notice, the single point of contact provided for in Article 11 DSA;
s) will attend to orders against illegal content received from the competent judicial and administrative authorities in accordance with Article 9 DSA, and the information orders provided for in Article 10 DSA;
t) provides a notice-and-action mechanism, described in section 7 of the Legal Notice, so that any person may report the alleged illegality of content; and
u) provides to users affected by any decision regarding the restriction of visibility, payment or provision of the service a statement of reasons in accordance with Article 17 DSA, as well as information on the internal and external remedies available.
COLD WORLDWIDE undertakes not to engage in unfair commercial practices within the meaning of Law 3/1991 on Unfair Competition, and in particular those that are misleading or aggressive and may affect the economic behaviour of consumers. In compliance with the Omnibus Directive, the Company will refrain from publishing false or manipulated reviews and, where consumer ratings are published, will provide information on the internal procedures for verifying their authenticity.
Where the Company provides the User with search results from a query on the Website, it will inform them, through an accessible icon or text, of the main parameters used to rank the products and their relative importance, thus complying with Article 97.1.k) TRLGDCU.
These General Conditions are incorporated into the contract when the User expressly accepts them during the purchase process, after they have been made available on a durable medium in accordance with Article 5 LCGC. Their drafting complies with the criterion of transparency, specificity, clarity and simplicity required by Article 5.5 LCGC and Article 80 TRLGDCU.
In the event of a discrepancy between these General Conditions and the information provided during the purchase process or in subsequent confirmations, whatever is most favourable to the consumer shall prevail, in accordance with the "in dubio pro consumatore" principle (Arts. 80.2 and 80.3 TRLGDCU).
The original language of the contract is Spanish, without prejudice to the availability of translations for information purposes in other languages. In the event of an interpretative conflict, the Spanish version shall prevail.
In accordance with Article 11 LCGC, COLD WORLDWIDE may proceed with the voluntary deposit of these General Conditions in the General Registry of General Contracting Conditions dependent on the Registry of Movable Property, as an additional measure of publicity and legal certainty. The registration, where applicable, will be identified on the Website.
Neither party will be liable for the breach of its obligations where it is due to causes of force majeure within the meaning of Article 1105 of the Civil Code, including, merely by way of illustration, extraordinary natural phenomena, armed conflicts, general strikes, massive cyberattacks, serious interruptions of telecommunications or transport infrastructures, or binding administrative decisions that prevent the execution of the contract.
COLD WORLDWIDE may modify these General Conditions for objective reasons such as regulatory, case-law, technical or commercial changes. The modifications will be published on the Website and will enter into force from their publication for orders placed thereafter. Orders already concluded will be governed by the General Conditions in force at the time of their formalisation.
The User may not assign their contractual position to a third party without the prior written consent of COLD WORLDWIDE. The Company may assign its rights and obligations arising from the contract within the framework of corporate operations (merger, spin-off, transfer of a productive unit, etc.), guaranteeing in all cases that the assignment will not reduce the level of protection of the User.
The declaration of nullity, ineffectiveness or inapplicability of any of the clauses of these General Conditions will not affect the remaining clauses, which will retain full validity and effect in all matters that do not contravene the ruling of nullity.
These General Conditions, as well as the contracts concluded between COLD WORLDWIDE and the Users, will be governed by Spanish law, without prejudice to the mandatory provisions of the law of the consumer's country of habitual residence that are more favourable to them (Art. 6 of Regulation (EC) 593/2008 "Rome I").
For the resolution of any disputes that may arise, COLD WORLDWIDE submits to the Courts and Tribunals of the consumer's place of domicile (Art. 90.2 TRLGDCU and Arts. 17 and 18 of Regulation (EU) 1215/2012 "Brussels I bis"). Without prejudice to this, the User may resort to the European ODR platform indicated in section 15.
Date of last update: April 2026.
