5. PRICE AND PAYMENT
The prices shown on the website are final prices, in euros (€) and include taxes, unless when legally required to state and apply otherwise, especially as regards VAT.
Shipping costs within the Iberian Peninsula are included in the final prices of the products as displayed on the Website. Thus, Olirium performs shipment and/or delivery services through a courier service provided by a third party outside Olirium.
In no event will the Website automatically add additional costs to the price of a product or service, with the sole exception of those that you have voluntarily and freely selected and chosen.
The prices may change at any time, but any changes will not affect orders or purchases for which you have already received an order confirmation.
The payment methods accepted will be via bank payment gateway, which allows for payment by credit or debit card, and bank transfer.
Credit card payments are made through the bank's server, which guarantees customer security through the SSL-standard-based protocol. This means data is encrypted before being sent over the network and it cannot be intercepted or used fraudulently. Credit card data is transmitted directly to the bank and this information does not reach any other recipient.
In both cases, service providers will request specific data from you in order to make the payment, in accordance with the payment methods that they offer. Upon successful completion of the payment process, the Agreement will be deemed to have been concluded and Olirium shall confirm this payment by email within 24 hours.
Credit cards will be subject to checks and authorisations by the issuing bank. If this bank does not authorise payment, Olirium shall not be held liable for any delay or non-delivery, and it shall not enter into any agreement with you.
In any case, by clicking on “Complete the purchase” you, as the User, confirm that the payment method used is your own or that, where applicable, you are the legitimate holder of the credit or debit card.
6. DELIVERY
Where the physical delivery of the contracted goods is appropriate, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla).
Except in the event of unforeseen or extraordinary circumstances or, where applicable, those arising from the customisation of products, the purchase order comprising the products related to each purchase confirmation will be delivered, or the order will be void resulting in the full refund of the price paid. In any case, home deliveries are made on business days.
If delivery within the agreed time slot is not possible, you must contact Olirium to arrange delivery on another day. However, you, as the User, must be aware that transport deriving from such a change may be subject to an additional cost which may be passed on to you.
For the purposes of these General Terms and Conditions of Sale, it will be deemed that the delivery has been made or that the order has been delivered at the time the user or a third party stated by you acquires the material possession of the products, which will be proven by signing the acknowledgement of receipt of the order at the agreed address.
Any risks that could be derived from the products will be borne by you from the moment of their delivery. You acquire ownership of the products upon receipt by Olirium of the full payment of all the amounts due in relation to the purchase made.
Pursuant to the Value Added Tax (VAT) Act 37/1992, of 28 December, orders for purchase or delivery and/or provision are deemed to be those located in the territory applicable to Spanish VAT if the delivery address is in Spanish territory, except for Canarias, Ceuta and Melilla. The VAT rate legally in force at any time will be applicable, according to the specific item in question.
In the same vein, purchase orders, for delivery and/or provision, are located in the Member State of the European Union corresponding to the address in the purchase order and, therefore, the VAT in force in that Member State will be applicable.
For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of the aforementioned Act, without prejudice to the application of the applicable taxes and duties pursuant to the regulations in force in each of these territories. You shall bear in mind that, in these territories, there may be situations in which taxes and customs duties will be applied and charged at the destination, pursuant to the regulations in force, and these may be borne by you.
For all locations other than the foregoing, for delivery and/or provision, the regulations in force at each time will apply. You shall note that, as a result of this, taxes and customs duties may be applied and charged at the destination, pursuant to the regulations in force at the destination, and they may be borne by you. Please contact the customs office at the destination for further information in this regard.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
You, as the User, are informed that, in the event that an error is detected when you enter your details necessary to process your purchase request on the Website, you can amend such details by contacting Olirium through the purposely-enabled contact spaces.
In any case, before making the purchase, you have access to the purchase space, cart or basket where purchase requests are registered, where you can review and edit your purchases.
Similarly, you are referred to view the Legal Notice and Privacy Policy for further information on how to exercise your rights as set out in Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the GDPR).
8. RETURNS
In cases where you, as the User, purchase products through the owner's Website, you are entitled to a number of rights, as listed and described below:
Right of withdrawal
As a consumer and User, you make a purchase on the Website and therefore are entitled to the right to withdraw from the same within 14 calendar days without justification.
This withdrawal period will expire 14 calendar days from the date that you or a third party authorised by you, other than the carrier, acquire material possession of the goods purchased on the Olirium Website. In the event that the goods comprising your order are delivered separately, this period will expire within 14 calendar days from the date that you or a third party authorised by you, other than the carrier, acquire the material possession of the last of the goods comprising the same purchase order.
To exercise this right of withdrawal, you must notify Olirium of your decision. You may do so by sending an email to info@olirium.es, stating the reasons for the return or withdrawal.
Regardless of the means you choose, as the User, to communicate your decision, you must clearly and unequivocally state that your intention is to withdraw from the purchase agreement. In order to meet the deadline for withdrawal, your communication, which unequivocally expresses your decision to withdraw, must be sent before the expiry of the corresponding deadline.
In the event of withdrawal, Olirium shall reimburse you for all payments received, including shipping costs (except for any additional costs chosen by you for a mode of shipping other than the least expensive mode offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Olirium is informed of your withdrawal decision.
Olirium shall reimburse you, the User, using the same payment method that you used to make the initial purchase transaction. This refund will not generate any additional cost for you. However, Olirium may retain the funds until the products or items corresponding to the purchase have been received, or until you present proof of the return of the products or items, whichever condition is first met.
You may return or send the products to Olirium at the following postal address:
EL GRAN TEIX, S.L.U., carrer de Bailèn, 196, planta baixa, 08037, Barcelona (Spain).
You shall do so without undue delay and, in any case, no later than 14 calendar days from the date on which Olirium was informed of the withdrawal decision.
You acknowledge that you must assume the direct cost —should any be incurred— of returning (transport, delivery) the goods. Furthermore, you shall be held liable for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
You, the User, acknowledge that there are exceptions to the right of withdrawal, as stated in article 103 of Spanish Royal Legislative Decree 1/2007, of 16 November, approving the recast text of the General Law for the Protection of Consumers and Users and other complementary laws. This would be the case for, but not limited to, customised products.
The provision of a service to which you, the User, may subscribe on this Website is governed along these lines, since this same Law provides that you shall not be entitled to the right of withdrawal when the service provision has been fully executed or when it has begun, with your express consent as a consumer and user, and with your recognition that you are aware that, once the agreement has been fully performed by Olirium, you will have lost your right of withdrawal.
In any event, no refund will be made if the product is not in its original packaging, with its seal unbroken, with all its accessories and in perfect condition, or in the case of products that are not in the same condition as when they were delivered or those that have suffered any damage after delivery, together with a copy of the purchase invoice.
Returning defective products or error in shipment
This concerns all the cases where you, the User, consider that, at the time of delivery, the product does not comply with the agreement or purchase order, and that, therefore, you must contact Olirium immediately and inform it of such non-conformity (defect/error) by the same means or using the contact details provided in the previous section (right of withdrawal).
You will then be informed on how to proceed to return the products, and upon their return, they will be examined and you will be informed —within a reasonable period— whether Olirium will proceed with the refund or, where applicable, the replacement.
The amount paid for products that are returned on the grounds of a defect, when such a defect actually exists, will be refunded in full, including the delivery costs and the costs that you may have incurred to make the return. The refund will be made by the same payment method that you used to make the purchase.
In any case, this process will always be subject to the rights recognised in the legislation in force at all times for you, as a consumer and user.
Warranties
As a consumer and user, you are entitled to warranties on the products that you can purchase through this Website, in the legally established terms for each type of product. Therefore, Olirium shall be held liable for any lack of conformity of such products that arise within two years of the delivery thereof.
In this sense, products are deemed to be in conformity with the agreement provided that they conform to the description by Olirium and they hold the qualities displayed therein. They must be suitable for the uses to which the products of the same type are ordinarily intended, and be of the usual quality and specification fundamentally expected of a product of the same type. Where this is not the case as regards the products delivered to you, you must proceed as stated in the section ‘Returning defective products or error in shipment’. However, some of the products that are marketed on the Website may have non-uniform features provided that such features derive from the type of material with which they have been manufactured, and will therefore form part of the individual appearance of the product, and will not be a defect.
Moreover, you may purchase a product of a third-party brand or manufacturer on the Website. In this case, and if you deem the product to be defective, you may also contact the brand or manufacturer responsible for the product to find out how to exercise your legal warranty right during the two years following the delivery of such products. To do so, you must have retained all the information regarding the product warranty.
However, for further information on the After-Sales Service provided to the Website's Users by Olirium, please send an email to: info@olirium.es.
9. EXEMPTION FROM LIABILITY
Unless otherwise provided by law, Olirium shall not accept any liability for the following losses, regardless of their origin.
- any losses that were not attributable to non-compliance by the same.
- business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or
- any other indirect loss that was not reasonably foreseeable by both parties at the time the agreement for the sale of the products was entered into between the two parties.
Similarly, Olirium shall not be held liable in the following cases:
- Olirium applies all measures to provide a true display of the product on the Website. However, it shall not be held liable for any differences or inaccuracies that may exist due to a lack of screen resolution or browser problems, or other problems of this nature.
- Olirium shall take the utmost care to make itself available to the company responsible for transporting the product subject to the purchase order. However, it shall not be held liable for any damages resulting from a malfunction in transport, in particular due to causes such as strikes, roadblocks and in general any other sector-specific causes, resulting in delays, losses or theft of the product.
- Technical faults which, due to unforeseen circumstances or other reasons, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons preventing the service from being available. Olirium uses all its available means to enable the purchase, payment and shipping/delivery of the products. However, it shall not be held liable for causes that are not attributable to it, acts of god or force majeure.
- Olirium shall not be held liable for the misuse and/or wear of the products that you, the User, have used. At the same time, Olirium shall not be held liable for an erroneous return made by you. You, the User, shall be held liable for returning the product correctly.
- Olirium shall not be held liable for the misuse and/or wear of the products that you, the User, have used. At the same time, Olirium shall not be held liable for an erroneous return made by you. You, the User, shall be held liable for returning the product correctly.
- Strikes, employer lockouts or other claimed measures.
- Civil unrest, revolt, invasions, threats or terrorist attacks, war (declared or otherwise) or threats of war or preparations therefore.
- Fire, explosion, storms, flooding, earthquakes, collapses, epidemics or any other natural disaster.
- Inability to use boat trains, aircraft, motor vehicles or other public or private means of transport.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions by any government or public authority.
In this way, the obligations will be suspended for the period in which the cause of force majeure remains ongoing, and Olirium shall have an extension in the term to meet such obligations for a period of time equal to that of the cause of force majeure. Olirium shall provide all reasonable means to find a solution that will enable it to fulfil its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, you, the User, agree that most of the communications with Olirium are electronic (email or notices posted on the Website).
For contractual purposes, you agree to use this electronic means of communication and acknowledge that any contract, notification, information and other communications sent electronically by Olirium complies with the legal requirements to be in writing. This condition will affect the rights recognised by law and by you.
You may send notifications and/or contact Olirium through the contact details provided in these General Terms and Conditions of Sale and, where appropriate, through the contact spaces on the Website.
Furthermore, unless otherwise stated, Olirium may contact and/or notify you at your email address or at the postal address provided.
11. WAIVER
No waiver by Olirium of a specific right or legal action or lack of requirement by Olirium of the written fulfilment by you, the User, of any of your obligations will imply a waiver of other rights or actions arising from the agreement or the General Terms and Conditions of Sale, nor will it exempt you from fulfilling your obligations.
12. FULL AGREEMENT
These General Terms and Conditions of Sale and any document referred to herein constitute the entire agreement between you and Olirium in relation to the product or service subject to sale and replace any other previous pact, agreement or promise agreed orally or in writing by the same parties.
You, the User, and Olirium acknowledge that you have undertaken to enter into an agreement without having trusted in any declaration or promise made by the other party, except that which is expressly stated in these General Terms and Conditions of Sale.
14. DATA PROTECTION
The personal information or data that you provide to Olirium in the course of a transaction on the Website will be processed in accordance with the provisions of the data protection policies, Legal Notice and General Terms and Conditions of Use. By accessing, browsing and/or using the Website, you consent to the processing of such information and data, and you state that all information or data you provide is truthful.
15. CLAIMS AND COMPLAINTS
You can send your complaints, claims or any other content you want to Olirium through the contact details provided at the beginning of these General Terms and Conditions of Sale (general information).
Olirium has official claim sheets available to consumers and users that can be directly request from Olirium at any time, using the contact details provided at the beginning of these General Terms and Conditions of Sale (general information).
In case of dispute between Olirium and you, the User, you may bring your action before the Spanish courts corresponding to the registered address of Olirium, or before the courts of the place of your address.
You are informed by Olirium that, in the event of a dispute, you may alternatively go to the online dispute resolution (ODR) platform created by the European Commission under Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, on online dispute resolution for consumer disputes. You can access this platform at the following link: http://ec.europa.eu/consumers/odr
Last modified 25/10/2018.
