GENERAL CONTRACTING CONDITIONS
This contractual document will govern the purchase of products and services through the website www.julianoliva.com, owned by JULIAN OLIVA CB, hereinafter the PROVIDER.
Acceptance of this document implies that the USER:
- Has read, understands, and comprehends the contents set forth herein.
- Is a person with sufficient legal capacity to enter into a contract.
- Assumes all obligations set forth herein.
These conditions will be valid indefinitely and will apply to all purchases made through the PROVIDER's website.
The PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which it ships products. The PROVIDER reserves the right to unilaterally modify the conditions, without affecting goods or promotions purchased prior to the modification.
Identity of the Contracting Parties
On the one hand, the provider of the goods or services contracted by the USER is JULIAN OLIVA CB, with registered office at CALLE SAN JUAN DE DIOS, 1, - 45002 TOLEDO (TOLEDO), Tax Identification Number (NIF) E45457280, and customer service/USER telephone number 925222506.
On the other hand, the USER is registered on the website using a username and password, for which they are fully responsible for their use and safekeeping, and are responsible for the accuracy of the personal data provided to the PROVIDER.
Purpose of the Contract
The purpose of this contract is to regulate the contractual sales relationship between the PROVIDER and the USER at the time the latter accepts the corresponding box during the online contracting process.
The contractual sales relationship entails the delivery, in exchange for a specific price publicly displayed on the website, of a specific product or service.
Contracting Procedure
In order to access the services or products offered by the PROVIDER, the USER must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data requested, which will be processed in accordance with the provisions of
Regulation (EU) 2016/679 of April 27, 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, agreeing to use them diligently and not make them available to third parties. They will also inform the PROVIDER of any loss or theft of such data, or of any possible access by an unauthorized third party, so that the PROVIDER can immediately block them.
Once the user account has been created, please be advised that, in accordance with Article 27 of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the contracting process will follow these steps:
1. General contracting clauses.
2. Order submission.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Jurisdiction.
7. General information about the offer.
8. Price and validity period of the offer.
9. Shipping costs.
10. Payment method, fees, and discounts.
11. Purchasing process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.
1. GENERAL CONTRACTING TERMS
Unless specifically stipulated in writing, placing an order with the PROVIDER implies the USER's acceptance of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER unless expressly accepted in advance and in writing by the PROVIDER.
2. SHIPPING OF ORDERS
The PROVIDER will not ship any order until it has verified payment.
Shipping of goods will usually be done by EXPRESS COURIER (POSTAL EXPRESS, SEUR, UPS, STD, etc.), depending on the destination freely designated by the USER.
Delivery dates or times are deemed approximate; delay does not constitute a fundamental breach. If the SUPPLIER has not delivered the merchandise within 30 days of the agreed delivery date, the customer is entitled to cancel the order and receive a refund of the full amount paid at no cost, and without incurring any liability for damages attributable to the SUPPLIER.
Delivery times are typically between 2 and 5 business days, depending on the destination city and the chosen payment method. This term is understood to mean that the availability of the merchandise has been confirmed and full payment for the order has been verified.
The SUPPLIER assumes no liability if the delivery of the product or service is not made, as the information provided is incorrect.
Delivery will be deemed complete when the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.
It is the USER's responsibility to inspect the products upon receipt and state any justified objections and complaints on the delivery receipt.
If the contract does not involve the physical delivery of any products, but rather they are downloaded directly from the website, the PROVIDER will inform the USER in advance of the procedure to follow for this download.
3. RIGHT OF WITHDRAWAL
The USER has the same rights and deadlines to return and/or file complaints regarding any defects or flaws in the product or service, both online and offline.
The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (Article 71 of Law 3/2014 of March 27). Unless the return is due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.
The right of withdrawal cannot be applied in the following cases:
1. If the product is not presented in perfect condition.
2. If the product packaging is not the original one or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition. The use of seals and adhesive tape applied directly to the product is prohibited.
3. When the product is opened without proof of unused status.
4. In the case of software applications downloaded directly through the portal.
5. When the products are personalized or those that, for reasons of hygiene or other legally established exceptions, are not eligible for this right.
All returns must be communicated to the PROVIDER by requesting a return receipt (RMA) number using the RMA form provided for this purpose, or by email to julianoliva@julianoliva.com, indicating the invoice or order number.
Once the USER has received the RMA number, they will send the product to the PROVIDER, indicating this number on the shipping letter, with the shipping costs at their expense, to the address of JULIAN OLIVA CB, CALLE SAN JUAN DE DIOS, 1, - 45002 TOLEDO (TOLEDO).
4. CLAIMS
Any claim that the USER deems appropriate will be addressed as quickly as possible and can be submitted to the following contact addresses:
Postal Address: JULIAN OLIVA CB, CALLE SAN JUAN DE DIOS, 1, - 45002 TOLEDO (TOLEDO)
Telephone: 925222506
Email: julianoliva@julianoliva.com
Online Dispute Resolution
In accordance with Article 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will dialogue with both parties to reach an agreement, and may ultimately suggest and/or impose a solution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not incur liability for any failure due to force majeure. Performance of the obligation will be delayed until the force majeure event ceases.
6. JURISDICTION
The USER may not assign, transfer, or transfer the rights, responsibilities, and obligations contracted for in the sale.
If any provision of these terms and conditions is deemed void or impossible to enforce, the validity, legality, and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.
The USER declares that they have read, understood, and accepted these General Conditions in their entirety.
7. GENERAL INFORMATION ON THE OFFER
All sales and deliveries made by the PROVIDER shall be deemed subject to these General Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of JULIAN OLIVA CB or stipulated herein shall be effective unless expressly agreed in writing by the PROVIDER. In this case, these specific agreements shall prevail.
Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as this does not affect the value of the products offered. These modifications shall also be valid if, for any reason, the possibility of supplying the products offered is affected.
8. PRICE AND VALIDITY PERIOD OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance, or any other additional services or ancillaries to the product or service purchased.
The prices applicable to each product are those published on the website and are expressed in euros. The USER assumes that the economic valuation of some products may vary in real time.
Before making the purchase, you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase amount. Prices may change daily until the order is placed.
Once the order is placed, prices will remain the same regardless of product availability.
All payments made to the SUPPLIER will result in the issuance of an invoice in the name of the registered USER or the company name provided at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF format, to the email address provided by the USER.
For any information regarding the order, the USER may contact the SUPPLIER's customer service line at 925222506 or via email at julianoliva@julianoliva.com.
9. SHIPPING COSTS
Prices do not include shipping or communication costs, installation costs, or additional services, unless expressly agreed otherwise in writing.
Shipping costs will be calculated when the cart or quote is saved, as they are calculated based on the weight of the products and the delivery address.
The maximum shipping rate applied is as follows:
Mainland up to 2 kg: €8.50
Mainland > 2 kg to 10 kg: €8.50
Mainland > 10 kg: €8.50
10. PAYMENT METHODS, FEES, AND DISCOUNTS
The PROVIDER offers the following payment methods for an order:
• Bank transfer.
• Credit card.
11. PURCHASE PROCESS
Cart (estimate simulation)
Any product from our catalog can be added to the cart. Only the items, quantity, price, and total amount will be displayed in the cart. Once the cart is saved, taxes, fees, and discounts will be calculated based on the payment and shipping information entered.
Carts have no administrative obligation; they are simply a section where you can simulate an estimate without any commitment on either side.
From the cart, you can place an order by following these steps for proper processing:
1. - Check the billing information.
2. - Check the shipping address.
3. - Select the payment method.
4. Place the order (purchase).
Once the order is processed, the system instantly sends an email to the SUPPLIER's management department.
Orders (purchase requests)
Within a maximum of 24 hours, on business days, an email will be sent confirming the order status and shipping date.
12. APPLICABLE WARRANTIES
All products offered through the website are completely original, unless otherwise indicated in their description. All products have a two-year warranty period, in accordance with the criteria and conditions described in 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.
13. WARRANTIES AND RETURNS
The guarantee for the products offered will be governed by the following articles based on Law 23/2003 of July 10, 2003, on the sale of consumer goods:
I) Conformity of the products with the contract
1. Unless proven otherwise, the products will be deemed to conform to the contract provided they meet all of the requirements set forth below, unless due to the circumstances of the case, any of them are not applicable:
a) They conform to the description provided by JULIAN OLIVA CB.
b) They are suitable for the uses for which products of the same type are ordinarily intended.
c) They are suitable for any special use required by the customer when informed by JULIAN OLIVA CB at the time of entering into the contract, provided that JULIAN OLIVA CB has acknowledged that the product is suitable for this use.
d) They present the quality and performance expected of a product of the same type, which the customer can reasonably expect, taking into account the nature of the product and, where applicable, the descriptions of the specific characteristics of the products made by JULIAN OLIVA CB.
e) JULIAN OLIVA CB describes the details, technical characteristics, and photographs of the products provided by the manufacturer, and is not bound by these public statements.
2. Any lack of conformity resulting from incorrect installation of the product shall be equated to a lack of conformity of the product when the installation is included in the sales contract and was carried out by JULIAN OLIVA CB or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.
3. No liability shall apply for lack of conformity that the USER is aware of or could not have ignored at the time of entering into the contract or that originates from materials supplied by the USER.
II) Responsibility of the PROVIDER
JULIAN OLIVA CB will be liable to the USER for any lack of conformity that exists at the time of delivery of the product. JULIAN OLIVA CB recognizes the USER's right to have the product repaired, replaced, reduced in price, and terminate the contract.
III) Repair and Replacement of Products
1. If the product does not comply with the contract, the USER may choose between requesting its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs JULIAN OLIVA CB of the chosen option, both parties must comply. This decision by the USER is without prejudice to the provisions of Article IV below for cases in which repair or replacement fail to bring the product into compliance with the contract.
2. Any form of remedy that imposes costs on JULIAN OLIVA CB that are unreasonable compared to the other form of remedy will be considered disproportionate, taking into account the value the product would have had if there were no lack of conformity, the significance of the lack of conformity, and whether the alternative remedy could be carried out without major inconvenience to the USER.
IV) Rules for Product Repair or Replacement
Repair and replacement shall be subject to the following rules:
a) They shall be free of charge for the USER.
This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labor and materials.
b) They shall be carried out within a reasonable time and without major inconvenience to the user, taking into account the nature of the products and their purpose for the USER.
c) The repair suspends the calculation of the deadlines referred to in Article VII. The suspension period shall begin when the USER makes the product available to JULIAN OLIVA CB and shall end with the delivery of the repaired product to the USER. During the six months following delivery of the repaired product, JULIAN OLIVA CB shall be liable for the lack of conformity that gave rise to the repair. It is presumed that the same lack of conformity exists when defects of the same origin as those initially reported are reproduced in the product.
d) Replacement suspends the time periods referred to in Article VII from the exercise of the option until the delivery of the new product. The second paragraph of Article VII shall apply to the replacement product in all cases.
e) If, after the repair is completed and the product is delivered, it remains non-compliant with the contract, the USER may demand its replacement, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under the terms of Article V.
f) If the replacement fails to bring the product into conformity with the contract, the USER may demand its repair, within the limits established in paragraph 2 of Article IV, or a price reduction or termination of the contract under the terms of Articles V and VI.
g) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
V) Price Reduction and Termination of the Contract
Price reduction and termination of the contract will be applicable, at the USER's discretion, when the USER cannot demand repair or replacement of the product and in cases where these have not been carried out within a reasonable timeframe or without major inconvenience to the USER. Termination will not be applicable when the lack of conformity is minor.
VI) Criteria for Price Reduction
The price reduction will be proportional to the difference between the value the product would have had at the time of delivery had it complied with the contract and the value the product actually delivered had at the time of delivery.
VII) Deadlines
1. JULIAN OLIVA CB is liable for non-conformities that become apparent within two years of delivery. For second-hand products, JULIAN OLIVA CB and the USER may agree on a shorter period, which may not be less than one year from delivery.
Unless proven otherwise, any lack of conformity that becomes apparent within six months of delivery shall be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
2. Unless proven otherwise, delivery shall be deemed to have taken place on the date indicated on the invoice or purchase label, or on the corresponding delivery note, if later.
3. The right to claim compliance with the provisions of the preceding articles expires three years after delivery of the product.
4. The USER must inform JULIAN OLIVA CB of the lack of conformity within two months of becoming aware of it.
Unless proven otherwise, the USER's notification shall be deemed to have taken place within the established period.
VIII) Action against the producer
When it is impossible for the USER or it represents an excessive burden for them to contact JULIAN OLIVA CB due to a lack of conformity of the products with the purchase agreement, they may file a claim directly with the producer to obtain a replacement or repair of the product.
In general, and without prejudice to the producer's liability ceasing, within the same timeframes and conditions as those established for JULIAN OLIVA CB, the producer shall be liable for any lack of conformity when it relates to the origin, identity, or suitability of the products, in accordance with their nature and purpose and the regulations governing them.
A producer is understood to be the manufacturer of a product or its importer into the European Union, or any person who presents themselves as such by indicating their name, brand, or other distinctive sign on the product.
Anyone who has filed a claim against the USER shall have one year to claim responsibility for the lack of conformity. This period is calculated from the moment the remedy is completed.
14. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by or construed in accordance with Spanish law insofar as it is not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services covered by these Terms and Conditions to the courts and tribunals of the USER's domicile.
If the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other jurisdiction and submit to the Courts and Tribunals closest to the city of Toledo, Spain.