Terms and Conditions
This contractual document will govern the General Conditions for contracting products (hereinafter, “Conditions”) through the website https://www.vadolivo.com/, owned by Aceites Vadolivo, SL under the trademark of , hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this Website.
These Conditions will remain published on the website at the disposal of the USER to reproduce and save them as confirmation of the contract, and may be modified at any time by the PROVIDER. It is the responsibility of the USER to read them periodically, since those that are in force at the time of placing orders will be applicable.
The contracts will not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commerce Codes and in this or other special laws.
The acceptance of this document implies that the USER:
- You’ve read, you understand and you’re agree with this text.
- He is a person with sufficient capacity to contract.
- You assume all the obligations set forth herein.
These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER’s website.
The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were previously acquired from the modification.
Identity of the contracting parties
On the one hand, the PROVIDER of the products contracted by the USER is Aceites Vadolivo, SL, with registered office at Ctra. Santo Tomé, Km. 1 – 23469 MOLAR, EL (JAÉN), NIF B23536758 and telephone customer service/USER 953730733.
And on the other, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.
Purpose of the contract
The purpose of this contract is to regulate the contractual relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.
The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product.
The USER will select a username and a password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of them or possible access by an unauthorized third party. , so that it proceeds to the immediate blocking.
Once the user account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
1. General contract clauses.
2. Shipment of orders.
3. Right of withdrawal.
5. Force majeure.
7. General information about the offer.
8. Price and validity period of the offer.
9. Transportation expenses.
10. Form of payment, expenses and discounts.
11. Purchase process.
12. Applicable Warranties.
13. Guarantees and returns.
14. Applicable Law and Jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING AND DELIVERY OF ORDERS
The PROVIDER will not send any order until it has verified that payment has been made.
Merchandise shipments will usually be made by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), according to the destination freely designated by the USER.
The delivery time will be between 2 and 6 working days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.
Lack of execution of the distance contract
In the event of not being able to execute the contract because the contracted product or service is not available within the stipulated period, the USER will be informed of the lack of availability and that he will be entitled to cancel the order and receive the return of the total amount paid at no cost, and without this resulting in any liability for damages attributable to the PROVIDER.
In case of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for the damages suffered in excess of said amount.
The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.
It is up to the USER to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, but rather a download activation on a website, the PROVIDER will previously inform the USER regarding the procedure that must be followed to carry out this download.
3. RIGHT OF WITHDRAWAL Withdrawal
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the conclusion of the purchase-sale contract if it were a provision of a service, to exercise the right of withdrawal. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise will end twelve months after the expiration date of the initial withdrawal period (article 71 of Law 3/2014, of 27 December March).
The right of withdrawal will not be applicable (art. 103 RDL 1/2007, of November 16) to contracts that refer to:
a) The provision of services, once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by the entrepreneur, you will have lost your right of withdrawal.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period.
c) The supply of goods made according to the specifications of the consumer and user or clearly personalized.
d) The supply of goods that can deteriorate or expire quickly.
e) The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
f) The supply of goods that after delivery and taking into account their nature have been mixed inseparably with other goods.
g) The supply of alcoholic beverages whose price has been agreed upon at the time of signing the sales contract and that cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
h) The contracts in which the consumer and user have specifically requested the employer to visit him to carry out urgent repair or maintenance operations; if, on that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to such additional services or goods .
i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
j) The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k) Contracts entered into through public auctions.
l) The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of execution.
m) The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently they lose their right of withdrawal.
All returns must be communicated to the PROVIDER, requesting a return number through the form provided for this, or by email to firstname.lastname@example.org, indicating the corresponding invoice or order number.
In the event that the return is not made with the original delivery packaging, the PROVIDER may charge the cost of …..€ to the USER, previously informing of it through the same communication channel used.
Once the USER has received the return number, he will send the product to the PROVIDER, indicating this number in the delivery letter, with the transport costs at his expense, at the address of Aceites Vadolivo, SL, Ctra. Santo Tomé, Km. 1 – 23469 MOLAR, EL (JAEN).
4. CLAIMS AND ONLINE DISPUTE RESOLUTION
Any claim that the USER deems appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:
- Postal: Vadolivo Oils, SL, Ctra. Santo Tomé, Km 1, – 23469 El Molar (Jaén)
- Telephone: 953730733
- Mail: email@example.com
Online dispute resolution (Online Dispute Resolution)
In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, being able to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties will not incur liability for any fault due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.
The USER declares to have read, know and accept these Conditions in their entirety.
7. GENERAL POINTS OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration or agreement contrary to the Commercial Proposal of Aceites Vadolivo, SL or to what is stipulated here, will have effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.
Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it affects the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND TERM OF VALIDITY OF THE OFFER
The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling, packaging, shipping insurance or any other additional services and annexes to the purchased product.
The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily while the order is not placed.
Once the order is placed, the prices will be maintained whether or not the products are available.
Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the latter has informed at the time of placing the order. This invoice will be sent in paper format along with the purchased product. The invoice can be downloaded in PDF format by accessing the web management panel with the user account.
If you want to receive it by email, you must request it by any of the means that the PROVIDER makes available to you, informing you that at any time you can revoke said decision.
For any information about the order, the USER may contact the PROVIDER through the customer service telephone number 953730733 or via email at firstname.lastname@example.org.
9. TRANSPORTATION COSTS
The prices published in the store do not include shipping or communication costs, or installation or download costs, or additional services, unless otherwise expressly agreed in writing. Postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
10. METHODS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER is responsible for economic transactions and allows the following ways to make the payment of an order:
- Wire transfer.
- Credit card.
The USER may use a discount coupon at the moment prior to the completion of the purchase in case of having received it from the PROVIDER.
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to the website. data. To achieve these ends, the user/client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all laws applicable to the Buyer, Issuing Bank, Merchant or Cardholder.
11. PURCHASE PROCESS
Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.
The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.
From the basket you can place an order by following the steps below for its correct formalization:
- Verification of billing information.
- Verification of the shipping address.
- Selection of the form of payment.
- Place the order (buy).
Once the order is processed, the system instantly sends an email to the PROVIDER’s management department and another to the USER’s email confirming the completion of the order.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the date of shipment and/or approximate delivery.
12. SEPARATION AND SUSPENSION OR TERMINATION OF THE AGREEMENT
If any of these terms and conditions are held to be unlawful, void or for any reason unenforceable, this condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
The PROVIDER may, without prior notice, suspend or terminate the USER’s access to its services and training, in whole or in part, for any valid reason, including, without limitation, when the USER does not comply with or follow any of the obligations set forth in this document or any applicable legal provision, license, regulation, directive, code of practice or usage policy.
When THE PROVIDER exercises any of its rights or powers under this Clause, such exercise will not prejudice or affect the exercise of any other right, power or resource that may be available to THE PROVIDER.
13. GUARANTEES AND RETURNS
The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws:
Article 114. General principles.
The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product.
Article 115. Scope of application.
- Included in the scope of application of this title are contracts for the sale of products and contracts for the supply of products to be produced or manufactured.
- The provisions of this title shall not apply to products acquired by judicial sale, to water or gas, when they are not packaged for sale in a limited volume or determined quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction that consumers and users can attend in person.
Article 116. Conformity of the products with the contract.
- Unless proven otherwise, it will be understood that the products are in accordance with the contract provided that they meet all the requirements that are expressed below, unless due to the circumstances of the case any of them is not applicable:
- They conform to the description made by the seller and have the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
- They are suitable for the uses to which products of the same type are ordinarily destined.
- They are suitable for any special use required by the consumer and user when they have informed the seller at the time of signing the contract, provided that the latter has admitted that the product is suitable for said use.
- Present the usual quality and features of a product of the same type that the consumer and user can reasonably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller, the producer or his representative, in particular in advertising or labelling. The seller will not be bound by such public statements if he proves that he was unaware and could not reasonably be expected to have known the statement in question, that said statement had been corrected at the time of conclusion of the contract or that said statement could not influence the decision to buy the product.
- The lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the defective installation is due to an error in the installation instructions.
- There will be no liability for lack of conformity that the consumer and user were aware of or could not reasonably have been unaware of at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.
Article 117. Incompatibility of actions.
The exercise of the actions contemplated by this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale. In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated for the damages derived from the lack of conformity.
Article 118. Responsibility of the seller and rights of the consumer and user.
The consumer and user has the right to repair the product, its replacement, a price reduction or the termination of the contract, in accordance with the provisions of this title.
Article 119. Repair and replacement of the product.
- If the product does not conform to the contract, the consumer and user may choose between demanding the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user inform the seller of the chosen option, both parties must abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.
- The form of remediation will be considered disproportionate that, compared to the other, imposes unreasonable costs on the seller, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the form of alternative sanitation could be carried out without major inconveniences for the consumer and user.
In order to determine whether the costs are unreasonable, the costs for one form of relief must also be significantly higher than the costs for the other form of relief.
Article 120. Legal regime for the repair or replacement of the product.
Repair and replacement will conform to the following rules:
- They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.
- They must be carried out within a reasonable period of time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.
- The repair suspends the computation of the terms referred to in article 123. The period of suspension will begin from the moment the consumer and user makes the product available to the seller and will end with the delivery to the consumer and user of the product already repaired. During the six months after the delivery of the repaired product, the seller will be liable for the lack of conformity that gave rise to the repair, assuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.
- If the repair is completed and the product is delivered, it is still not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in This chapter.
- The substitution suspends the terms referred to in article 123 from the exercise of the option by the consumer and user until the delivery of the new product. Article 123.1, second paragraph, shall apply to the substitute product, in any case.
- If the substitution fails to bring the product into compliance with the contract, the consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.
- The consumer and user may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.
Article 121. Price reduction and termination of the contract.
The price reduction and the resolution of the contract will proceed, at the consumer’s and user’s choice, when the latter cannot demand the repair or replacement and in the cases in which these have not been carried out within a reasonable time or without major inconveniences for the user. consumer and user. The resolution will not proceed when the lack of conformity is of little importance.
NOTE according to art. 108.2: The USER is informed that he will only be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics or operation. In no case will he be responsible for the decrease in value of the goods if the employer has not informed him of his right of withdrawal in accordance with article 97.1.i).
Article 122. Criteria for price reduction.
The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.
Article 123. Deadlines.
- The seller is liable for any lack of conformity that becomes apparent within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree on a shorter term, which may not be less than one year from delivery.
Unless there is proof to the contrary, it will be presumed that the lack of conformity that manifests itself in the six months after the delivery of the product, whether it is new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the non-conformity.
- Unless proven otherwise, the delivery is understood to be made on the day that appears on the invoice or purchase ticket, or on the corresponding delivery note if it is later.
- The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary justification of the delivery of the product, stating the date of delivery and the lack of conformity that originates the exercise of the right.
In the same way, together with the repaired or replaced product, the seller will deliver to the consumer or user documentary justification of the delivery stating the date of delivery and, where appropriate, the repair carried out.
- The action to claim compliance with the provisions of chapter II of this title will prescribe three years from the delivery of the product.
- The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with said period will not imply the loss of the right to the corresponding sanitation, the consumer and user being responsible, however, for the damages or losses actually caused by the delay in communication.
Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.
Article 124. Action against the producer.
When it is impossible for the consumer and user or it is an excessive burden to address the seller due to the lack of conformity of the products with the contract, they can claim directly to the producer in order to obtain the replacement or repair of the product.
In general, and notwithstanding that the responsibility of the producer will cease, for the purposes of this title, in the same terms and conditions as those established for the seller, the producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the regulations that regulate them.
Whoever has responded to the consumer and user will have a period of one year to repeat it against the person responsible for the lack of conformity. Said term is computed from the moment in which the reorganization was completed.
14. APPLICABLE LAW AND JURISDICTION
These conditions will be governed or interpreted in accordance with Spanish legislation in what is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any dispute that may arise from the provision of the products or services subject to these Conditions.
In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Dispute Resolution Body that will act as an intermediary between the two in accordance with Art. 14.1 of Regulation (EU) 524/ 2013, without the need to resort to the courts of justice. For more information, see clause “4. ONLINE CLAIMS AND DISPUTE RESOLUTION” of these Terms.