Terms and conditions of www.o-livia.es

 

1. INTRODUCTION

This document (together with all the other documents mentioned) establishes the conditions governing the use of this web page (www.o-livia.es) and the purchase of products in it (hereinafter, the «Conditions»), whatever the application, digital medium, support or device through which it can be accessed. Please read carefully these Conditions and our Privacy and Cookies Policy (“Privacy and Cookies Policy”) before using this website. By using this website or making an order through it you agree to be bound by these Conditions and our Privacy and Cookies Policy, so if you do not agree with all the Conditions and the Privacy Policy and Cookies, you should not use this website.

If you have any questions related to the Conditions or the Privacy and Cookies Policy you can contact us through our contact channels.

The contract may be formalized in any of the languages in which the Conditions are available on this website.

2. OUR DATA

The sale of articles through this website is done under the name O’Livia (o-livia.es) by ALILIPAMA, S.L., a Spanish company with address at c/ Infanta Isabel, 10, 28210 Valdemorillo (Madrid), registered in the Mercantile Registry of Madrid, in Volume 20745, Book 0, Sheet 74, Section 8, Page M367460 and CIF B-84144856.

3. YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide about you will be treated in accordance with the provisions of the Privacy and Cookies Policy. By making use of this web page you consent to the processing of said information and data and declare that all the information or data that you provide to us it’s true and corresponds to reality.

4. USE OF OUR WEBSITE

By using this website and making orders through it, you agree to:

  1. Make use of this website only to make legally valid inquiries or requests.
  2. Not to make any false or fraudulent orders. If you happen to make one it could be considered that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.
  3. Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. Also, you agree that we may use such information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years old and have the legal capacity to enter into contracts.

5. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error occurred when entering your personal data during your registration as a user of this web page, you can modify them in the section “My Account”. This web page shows confirmation windows in various sections of the purchase process that do not allow the order to continue if the data of these sections have not been correctly provided. Also, this web page offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order.

6. AVAILABILITY OF THE PRODUCTS

All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will reimburse you any amount that you may have paid.

7. DELIVERY

Unless there are unforeseen or extraordinary circumstances, we will send the order consisting of the related products in each Shipment Confirmation within the period indicated on the web page according to the selected shipping method and, in any case, within the maximum period of 30 days from the date of the Order Confirmation.

If for some reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option to continue with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. For the purposes of these Conditions, it will be understood that the “delivery” has taken place or that the order has been “delivered” at the moment in which you or a third party indicated by you acquires the material possession of the products, which is accredited by signing the receipt of the order at the delivery address agreed.

8. DELIVERY IMPOSSIBILITY

If it is impossible for us to make the delivery of your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our official warehouse.

Also, we will leave you a note explaining where your order is and how to send it to you again. If you are not going to be at the place of delivery at the agreed time, we kindly ask you to contact us to arrange the delivery on another day.

In the case that 15 days have elapsed since your order is available for delivery and the order has not been delivered for reasons not attributable to us, we will understand that you want to cancel the contract and we will consider it resolved. As a result of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional expenses resulting from the choice of a different mode of delivery than the least expensive delivery method) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please bear in mind that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

9. TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be at your charge from the moment of delivery.

You will acquire the ownership of the products when we receive the full payment of all the amounts owed in relation to  them, including the shipping costs, or at the time of delivery, if it took place at a later time.

10. PRICE AND PAYMENT

Prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due. The prices may change at any time, but the possible changes will not affect the orders with respect to which we have already sent you an Order Confirmation. Once you have selected all the items you want to buy, these will have been added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling or checking the information that is requested in each step. Also, during the purchase process, before making the payment, you can modify the data of your order. You can use Visa, Mastercard, American Express and PayPal as means of payment. By clicking on “Authorize Payment” you are confirming that the credit card is yours. To minimize the risk of unauthorized access, your credit card information will be encrypted. Credit cards will be subject to checks and authorizations by the issuing entity, but if that entity does not authorize payment we will not be responsible for any delay or failure to deliver and we cannot formalize any contract with you.

11. TAX ON ADDED VALUE AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question. In the orders with destination to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of taxes and duties in accordance with current regulations in each of these territories. You expressly authorize us to issue the invoice electronically, although you may indicate at any time your willingness to receive an invoice on paper, in which case, we will issue and send the invoice in that format.

12. RETURN POLICY

12.1 Legal right to desist from the purchase right of withdrawal

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods or in the case that the goods that make up your order are delivered separately. To exercise the right of withdrawal, you must notify ALILIPAMA, S.L., at the address, c/ Infanta Isabel, 10 – C.P. 28210, Valdemorillo (Madrid), your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail). In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise by this party of this right be sent before the corresponding deadline expires.

Consequences of the withdrawal.

In the event of your withdrawal, we will refund all payments received from you, including the delivery costs to the initial shipping address (with the exception of the additional costs resulting from your choice of a different delivery method of the least expensive mode of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless you tell us otherwise, specifying expressly the means of payment through which you want us to make the return. You will not incur any expenses as a result of the refund.

Notwithstanding the foregoing, we may withhold reimbursement until we have received the goods, or until you have presented proof of the return of the same, depending on which condition is met first. You must return or deliver the products directly to us through a courier, without undue delay and, in any case, within a maximum period of 14 calendar days from the date you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if the goods are returned before the end of that period. You must assume the direct cost of returning the goods. You will only be responsible for the decrease in the value of the goods resulting from handling other than the necessary to establish the nature, characteristics and functioning of the goods.

12.2 Common provisions
Your right to withdraw from the contract will apply exclusively to those products that are returned under the same conditions in which you received them. No refund will be made if the product has been used beyond the mere opening, the products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the products while they are in your possession. Please return the item using or including all original packaging, instructions and other documents that accompany it. You can make the returns through a courier that we will send to your address.Returns through Courier:

You must contact us so we can arrange the pickup at your home. You must deliver the goods in the same package you received them.

You will be responsible for the return costs. Please keep in mind that if you decide to return the items to us, we will be authorized to charge you the expenses that we may incur.

After examining the article we will let you know if you are entitled to the reimbursement of the amounts paid. The refund will be made as soon as possible and, in any case, within a period of 14 days from the date you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have submitted proof of the return of the goods, depending on which condition is met first. The refund will always be made in the same means of payment that you used to pay for the purchase. You will assume the cost and risk of returning the products to us, as indicated above.

Keep in mind that, having delivered the order, in case of exercising the legal or contractual right of withdrawal, when you are the one who organizes the transport, we cannot assume the risk of the return package when it refers to causes not attributable to ALILIPAMA, S.L.

Likewise, remember that you will be responsible for the contents of the return package when you use any of the return options offered by ALILIPAMA, S.L. In case there is an error in the content of the return package not attributable to ALILIPAMA, S.L, we will be authorized to pass on the corresponding costs if it is possible to manage the return of the package to your attention. In all cases, the rights and actions recognized by current legislation are safe.

12.3 Change in size

In cases where you consider that the size of the product purchased does not meet your needs, and without prejudice to the right of withdrawal that assists you legally and contractually, you may request the change of size within 30 days from the confirmation of Shipment, and select the size for which you want to change the first product purchased, provided that (i) it is the same product, (ii) present an amount equal to or greater than the first product purchased (in this case, the price difference will not be passed on to you) and (iii) certain means of payment have been used (for more information please consult Clause 10 of these Terms and Conditions).

Once requested the change of size and selected the delivery method among those indicated below, you must deliver the product through a courier that we will send to your home. You must in any case deliver the product without undue delay and, in any case, within a maximum period of 14 calendar days from the Change Request. It will not entail an additional cost for you.

You must deliver the goods in the same package you received them.

We will send you the new order consisting of the product whose size you have selected again within 2-3 working days from the request of the change (provided that we have received the items) and, in any case, within a maximum period of 30 days from that date. This option will not entail an additional cost for you. This new order will be governed by the provisions of the Purchase Conditions, including the exercise of the right of withdrawal.

Remember that, once 14 days have passed since the Change Request, without you having returned, the product purchased in the first place, we will be authorized to pass on the costs corresponding to the new order placed, subject to the provisions of the Purchase Conditions

12.4 Returns of defective products

In the cases in which you consider that at the time of delivery the product does not conform to the stipulations of the contract, you must contact us immediately through our contact channels, providing the product data as well as the damage that suffers. The product can be returned by delivering it to a courier that we will send to your home when requesting collection. We will proceed to carefully examine the returned product and we will notify you by email within a reasonable time if the refund or replacement of the product (if applicable) is applicable. The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable. The amounts paid for those products that are returned because of some defect, when it actually exists, will be reimbursed in full, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The refund will be made in the same means of payment that was used to pay for the purchase. In all cases, the rights recognized by current legislation are safe.

12.5 Right of withdrawal and return of orders from abroad.

If you have placed an order through this website from a Member State of the European Union other than Spain, clauses 12.1, 12.2, 12.3 and 12.4 will apply.

13. GUARANTEES

We offer you guarantees on the products that we market through this web page, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that manifests itself within two years from the delivery of the product.

It is understood that the products are in accordance with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) are suitable for the uses to which the products of the same type are ordinarily intended, and (iii) present the usual quality and benefits of a product of the same type that are reasonably expected. In this sense, if any of the products are not in accordance with the contract, you must inform us by following the procedure detailed in section 12.4 above and through any of the means of communication provided for that purpose.

The products we sell, especially handicraft products, can often present the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in texture, knots and color, will not be considered defects. On the opposite, we count on its presence and appreciate it. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

14. RESPONSIBILITY AND EXEMPTION OF LIABILITY

Except as expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.

However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:

  1. loss of income or sales;
  2. loss of business;
  3. loss of profit or loss of contracts;
  4. Loss of anticipated savings;
  5. data loss; and
  6. loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless it is established expressly the contrary in it.

15. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and other rights of industrial and intellectual property over the materials or content that are provided as part of the web page correspond to us at all times or to those who granted us a license for its use. You may make use of such material only in the form in which we expressly authorize it or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy the information about your order or contact information.

16. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically harmful. You will not try to have unauthorized access to this web page, to the server where that page is hosted or to any server, computer or database related to our website. You agree not to attack this website through a denial of service attack or a distributed denial of service attack. The breach of this clause could entail the commission of infractions typified by the applicable regulations. We will report any breach of this regulation to the competent authorities and cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other

program or material that is technologically damaging or harmful to your computer, computer equipment, data or materials as a result of using this website or of the download of contents of the same or those that it redirects.

17. LINKS FROM OUR WEB PAGE

In the event that our website contains links to other web pages and third-party materials, these links are provided for informational purposes only, without our having any control over the content of such web pages or materials. Therefore, we accept no responsibility for any damage or loss arising from its use.

18. WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most of those communications with us are electronic. We will contact you by email or we will provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

19. NOTIFICATIONS

The notifications that you send us should be sent through our email address hello@o-livia.es. In accordance with the provisions of clause 18 above and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email was sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

20. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The contract is binding both for you and for us, as well as for our respective successors and assignees. You may not transfer, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained our prior written consent. We may transfer, assign, encumber, subcontract or otherwise transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights that, as the case may be, you, as a consumer, have been recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that we could have granted him.

21. EVENTS OUTSIDE OF OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control (“Cause of Force Majeure”).

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following: Strikes, lockouts or other industrial action. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster. Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private. Inability to use public or private telecommunication systems. Acts, decrees, legislation, regulations or restrictions of any government or public authority. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to end the Cause of Force Majeure or to find a solution that allows us to fulfill our obligations despite the Cause of Force Majeure.

 

22. RESIGNATION

The lack of requirement on our part of the strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that could correspond to us of said contract or the Conditions, shall not imply any waiver or limitation in relation to said rights or actions nor shall it exempt you from complying with such obligations.

No resignation on our part of a right or concrete action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or rights or actions arising from a contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions in the section of Notifications above.

23. PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain intact, without being affected by said declaration of nullity.

24. COMPLETE AGREEMENT

These Conditions and any document expressly referred to constitute the entire agreement between you and us in relation to the purpose of the same and replace any other agreement, agreement or previous promise agreed between you and us verbally or written. You and us acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before it, except that which is expressly mentioned in these Conditions.

Neither you nor us, will have any action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless that fraudulent statement had been made uncertain) and the only action available for the other party will be for breach of contract in accordance with the provisions of these Conditions.

25. OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to modify the Terms and Conditions. The modifications introduced will not be retroactive. If you do not agree with the changes made, we recommend not using our website.

26. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation. Any controversy that arises or relates to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.

27. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions, as well as any questions, complaints or claims, through our contact channels. In addition, we have official complaint forms available to consumers and users. You can request them through our

contact channels. Your complaints and claims will be dealt with as soon as possible and, in any case, within the legally established deadline.

If you as a consumer believe that your rights have been violated, you can address your complaints in order to request an out-of-court settlement of disputes. In this sense, if the acquisition between you and us has been made online through our website, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an extrajudicial dispute resolution with us on consumption accessible through the Internet address http://ec.europa.eu/consumers/odr/.

 


Delivery and returns

Deadlines for delivery to Spain, Portugal, Canary Islands, Balearic Islands, Ceuta and Melilla

Of 2 or 3 days.

Time zone, the customer can choose if they want to receive their shipment in the morning from 8:30 a.m. to 2:00 p.m. or in the afternoon from 2:00 p.m. to 8:00 p.m.

If the order is placed before 2:00 p.m., it is delivered between 24hrs. and 48hrs. If it is after 2:00 p.m., the delivery will be between 48hrs. and 72 hrs on weekdays. Includes 2 delivery attempts.

If the recipient is absent, they will leave you a notice with a period of 15 calendar days to pick it up at the corresponding post office or courier.

International Delivery Deadlines

Of 5 or 10 working days.

Only 1 delivery attempt. If the recipient is absent, they will leave you a notice with the corresponding post office or courier information, where you can pick up your order, within 7 calendar days.

Free deliveries from a minimum purchase

  • Free shipping to Spain and Portugal (Peninsular), from € 99
  • Free shipping to Ceuta and Melilla, from € 250
  • Free shipping to the Canary Islands, from € 199
  • Free shipping to the Balearic Islands, from € 150
  • Free shipping to International Zone 1 (Germany, Austria, Belgium, Denmark, France, Italy, Luxembourg, the Netherlands, Poland, United Kingdom UK, Czech Republic, Switzerland), from € 199
  • Free shipping to International Zone 2 (Bulgaria, Estonia, Finland, Greece, Hungary, Ireland, Latvia, Lithuania, Norway, Romania, Sweden), from € 299

RETURNS

Spain and Portugal

The return of the product is the responsibility of the customer.*

International
The return of the product is the responsibility of the customer.*

*Except for defective item. Read point «12. Return Policy » on page Terms and Conditions.