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GENERAL CONTRACTING CONDITIONS
PRE-CONTRACT INFORMATION
These general terms and conditions together with the special conditions, if any, that may be established, will expressly regulate the relations arising between OLIVÍTATE, S.L. and third parties (users) who purchase the products offered through the Store of www.olivizate.com.
These General Terms and Conditions have been prepared in accordance with the provisions of Law 34/2002, on Services of the Information Society and E-Commerce; law 7/1998 on General Conditions of Contract; the Royal Decree 1906/1999 regulating the telephone and electronic contracting with general conditions in the implementation of Article 5.3 of Law 7/1998; Law 26/1984 on Protection of Consumers and Users; Law 7/1996 on Retail Trade; Royal Decree-Law 59/2003 of December 19 on electronic signatures; Law 56/2007 of 28 December on Measures to Promote the Information Society; RDL 1/2007 of November 16, that approves Lay on Protection of Consumers and Users as well as other complementary laws and any other legal provisions that may apply.
The use and/or purchase of any products from the online store of www.olivizate.com entails acceptance as a user, without reservations of any kind, of each and every one of the General Contracting Conditions, General Conditions of Use of the store of www.olivizate.com and the Special Contractual Terms, if any, governing the acquisition of products or provision of services.
OLIVÍTATE, S.L. informs you that the steps to acquire products are those described in these terms and conditions, as well as those specific steps that will show on the screen during navigation, so that the user declares that he knows and agrees that these steps are necessary to access the products and/or services offered on the online Store of www.olivizate.com.
Any modification and/or correction of the data provided by the users during navigation shall be made according to the instructions included on the online store of www.olivizate.com.
PRODUCTS OFFERED. PURCHASING SYSTEM
The products offered in the Store of www.olivizate.com, as well as its features and sales prices, are posted on the website. Shipping cost to the address provided by the user will always be reported and charged to the customer. Prices do not include VAT, but they will be subject to the applicable taxes according to information provided by the user and shall at all times refer to current prices, except for typographical errors. OLIVÍTATE, S.L. reserves the right to change without notice the products offered in the online Store of www.olivizate.com. Therefore, new products may be added or others may stop being offered without a previous notice.
To acquire products in the Store, OLIVÍTATE, S.L. will ask the users to register. The user must be of legal age and must fill in the boxes according to the instructions on the screen. We remind users that they are fully responsible for the truthfulness of the data entered.
Once the user is registered, in order to purchase at the online Store, he must add the product he wishes to the "cart" or "basket”, completing for this purpose the order form and sending it to OLIVÍTATE, S.L., which involves reading and accepting without reservation and irrevocably each and every one of the General Terms and Conditions and if any, of the special contractual conditions that may exist. The purchase is understood to be made in the place of business of OLIVÍTATE, S.L.
Once the purchase has been made, OLIVÍTATE, S.L. will send a proof of the order to the user via email in the shortest possible period. This proof is not valid as an invoice. Afterwards a second email will be forwarded with the notice of the delivery.
The invoice will be sent along with the product to the address provided. Purchase prices are those ruling at the time the order is placed. The shipping costs are calculated automatically based on the shipping address provided by the customer and the weight and number of packages included in the purchase.
PAYMENT
The payment will be made when the order is placed, always prior to the delivery of the products, Payment includes transportation costs charged to the customer and the applicable taxes.
The payment of the product and of the delivery costs will be carried out according to the payment means that will be indicated at each moment on the shop on www.olivizate.com. We guarantee that every transaction carried out is 100% safe. All operations involving the transmission of personal or bank data will be executed using a safe environment provided by the banking institution that carries out the digital charge. OLIVÍTATE, S.L. uses a safe charge system connected to said banking institution’s server with the standard security technology SSL (Secure Socked Layer). The user introduces all the information of his bank card directly in an application hosted and administrated by the banking institution. OLIVÍTATE S.L. never receives such data, which is encrypted by an algorithm of high security and transmitted to the bank directly from the user’s computer or device to the institution managing the charge.
The means of payment currently available are:
A) Bank Transfer: When selecting bank transfer as the payment method, you will receive, together with your order confirmation an e-mail with the account number to which the bank transfer should be made on behalf of OLIVÍTATE, S.L. It is important to indicate in the subject the order number as well as your name and surname, and to make the transfer within 3 days from the date of confirmation of order in order to validate it. If you wish, you can send us the transfer receipt by e-mail to info@olivitate.com but in no case shall the order be deemed effective until our administration department has bank confirmation of the transfer. Remember, you must make the payment in EUROS and all possible exchange and banking commissions will be at your expense when using this means of payment. For bank transfers from outside Spain it is very important to tell your bank to take charge of the commissions in origin and of the bank fees and expenses related to the entity. Otherwise, OLIVÍTATE, S.L. could stop the dispatch of your order for not receiving the full amount thereof.
B) Credit card: All information transmitted to the bank travels encrypted through the network. Also the data on your credit card is not recorded in any database and goes directly to the POS (Point of Sale) of the Bank. OLIVÍTATE, S.L. only accepts payment by credit or debit card VISA, VISA ELECTRON or MASTERCARD. In both cases, when paying with card, you will be requested the following data: the card number, the expiration date and the security code which is the last 3 digits of the number printed in italics on the back of your VISA or MASTERCARD, offering, thus, more guarantees concerning the security of the transaction. You can tell if the protocol of secure e-commerce is activated by the logos VISA "Verified by Visa" and MasterCard "MasterCard Secure Code". The fraud with a credit card is a crime, and OLIVÍTATE, S.L. will bring a legal action againts anyone who makes a fraudulent transaction in our online store.
C) Paypal: This safe payment means developed by the Ebay Group allows sending or receiving electronic money in a completely safe, quick, simple and totally free way, for any user provided with an email address and having previously logged in on www.paypal.es.
DELIVERY
A courier service carries out the delivery of the purchases. The average delivery time of a product marked as “available” at the moment of the purchase is 48/72 hours. OLIVÍTATE, S.L. assumes no responsibility if the established delivery time expands in case of fortuitous events, force majeure or due to third parties. After an order is placed and its payment is checked, OLIVÍTATE, S.L. guarantees the delivery to the carrier of all orders placed before 18:00 (Central European time), except for those placed on Saturdays, Sundays and holidays and only if ordered products are in stock. The purchase will be treated the first business day after the placement of the order. The delivery period is counted in business days only and it can be altered by local or national holidays. When a bank transfer is used as a means of payment, the purchase will not be sent until we receive a bank confirmation of the transfer. OLIVÍTATE, S.L. reserves the right to modify the type of shipment and the company carrying it out. These modifications are independent from what is exposed on these pages as long as they do not cause any manifest trouble to the client. Attention: Shipments will not be sent, in any case, to post office boxes.
If the customer is not satisfied, when receiving the product, he must indicate it inexcusably in the delivery note provided by the transport company. He must point out the anomalies found when receiving the purchase. At the time of receiving it, the User must note on the receipt he has received it “With Damage”. If the delivery order shows delivered “In Good Condition”, it will not be possible to answer its claim in a satisfactory way.
The standard period of the transport industry to solve a claim is 8-12 weeks.
DELIVERY AREA
Currently we only deliver orders within the Iberian Peninsula. Soon we will expand our services to the Spanish islands and to other international territories.
ORDER DELIVERY ADDRESS
Orders will be delivered to the address provided by the customer. We assume no responsibility if the delivery cannot be made because the data provided is incorrect, inaccurate or incomplete. If the delivery address is wrong or the recipient modifies it after order dispatch, the forwarding expenses from that direction to the modified one will be charged to the customer and will correspond to the current rate of our service plus additional costs that the transport company may charge. If the recipient refuses the order without an appropriate justification such as packing or content defects or if the recipient is absent at the time of delivery, we reserve the right to charge the customer 100% of the order price, including shipping costs.
DELIVERY IN OFFICES, HOSPITALS, SCHOOLS AND/OR PUBLIC OR INSTITUTIONAL BUILDINGS
Deliveries in offices, hospitals, schools, hotels and public agencies and other places with restrictions on access to the general public, will be delivered to the reception or office in charge of receiving deliveries when is not possible to deliver the order directly to the customer. We will attempt to obtain the signature of the receptionist or the person in charge and the order will be considered as delivered. In order to make an effective delivery of your order, it is essential that you provide all the information necessary for it to reach its destination: the department, the floor number, room number, the full name of the recipient, etc..
RETURN OF PRODUCTS AND CLAIMS
If after receiving your purchase you are not satisfied, you have a period of fourteen (14) calendar days from the day of receipt, to exercise your right of return. Personalized articles are not returnable. Return costs will be payed by the user. Once the returned purchase articles arrive at our premises, we will proceed to the return of the amount initially charged by the payment means used. In any case, if the reason of the return is deficient products or wrong shipping, we guarantee to our client that he can choose either to be reimbursed or to replace the product by another available one. We will take care of the new shipping cost as long as the client communicates his decision within the 14 calendar days following the purchase receiving date.
Sales return may be requested by email or telephone using OLIVÍTATE, S.L.’s contact information that you will find in the CONTACT section. You will have to indicate in the MESSAGE field the following data:
- That you wish to withdraw your purchase corresponding to the received delivery
- the reception date of the product
- the name of the customer and user or of the customers and users
- the billing address of the customer and user or of the customers and users
PURCHASE DELIVERY FEES
Olivizate.com delivers to all Spanish territory (except tha Balear and Canary Islands, Ceuta and Melilla).
Our deliveries are done through Postage. Our home deliveries will take place within 48 to 72 workable hours after the product leaves our warehouse.
The shipping costs for Peninsular Spain will depend on the weight of the order:
- 5 € shipping for orders less than 5kg.
- 9€ shipping for orders equal to or greater than 5kg.
If you live in Madrid you can collect the product directly at our store, 24 hours a day 365 days a year, free of charge. Returns of products are accepted if they are made within the first 15 days and if the product is in perfect condition.
* It will be delivered to the recipient address. The cost includes two attempts of delivery. In case the recipient is not present in both delivery attempts, the shipment will remain in the Courier Office at your disposition within 15 calendar days.
** The time limit will be 15 calendar days.
GUARANTEE
OLIVÍTATE, S.L. guarantees the product under the terms established by law. The total liability of OLIVÍTATE, S.L. by any concepts, will not exceed, in any case, the total value of the defective goods supplied. The customer must notify the defects caused by negligence, beatings, misuse, unsuitable voltage or improper installation at the time of receipt of the order.
APPLICABLE LEGISLATION. JURISDICTION
The present general conditions are regulated by the Spanish law. Parties submit themselves, under their election, to the courts or tribunals of the user’s domicile for the resolution of conflicts, and renouncing to any other jurisdiction. Furthermore, as an affixed entity to CONFIANZA ONLINE and under the terms of its Code of Conduct, in case of disputes concerning online contracting and publicity, data protection and child protection, the user will be able to turn to the extrajudicial dispute resolution system of CONFIANZA ONLINE www.confianzaonline.es.