General terms of sale:
These General Terms apply to the purchase of products at the shop.lasdalias.com website (hereinafter referred to as the “Website”) and constitute a contract between you (hereinafter referred to as “the Customer”) and:
· Owner of the Website: A SALA DALIAS, S.L. (hereinafter referred to as “We” or “Las Dalias”)
· Address: Ctra. San Carlos, km.12 -07850, Santa Eulalia del Río, Ibiza, Islas Baleares, Spain.
· Spanish National Tax ID Code: B07949324
· Telephone: (+ 34) 971 326 825
· Purchases: firstname.lastname@example.org
· Flea Market: email@example.com
· Public Relations: firstname.lastname@example.org
These General Terms are subject to that set forth in Spanish Act 7/1998, of 13 April, governing the General Conditions of Sale, Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the Spanish General Act for the Protection of Consumers and Users and other complementary legislation, including Spanish Act 34/2002, of 11 July, on the Information Society Services and Electronic Commerce, and alternatively, the Spanish Civil Code and the Spanish Code of Commerce.
The purchase of products by means of the Website is subject to the following clauses:
· a) That he/she is of full legal age and has all the necessary legal powers to place the order, stating that he/she fully understands all the contents of the terms and conditions posted at the Website.
· b) That the data he/she provides when making the purchase are true and complete.
· c) That he/she confirms the order he/she has placed. In other words, he/she confirms the product(s) selected, the quantities, and the invoicing and shipping details.
2. Access to the Website
Access to this Website is entirely the responsibility of the user.
3. Purchase by means of the Website
3.1. The sale of the products offered at this Website is carried out by LAS DALIAS. It is understood that the sales transactions are carried out at the registered address set forth at the top of these General Terms.
3.2. The features of the products sold at this website, and in particular and where applicable, their nature, qualities, composition, origin and method of fabrication or the method by which they are obtained, are as indicated on the product description page.
3.3. LAS DALIAS will not be held responsible for the falseness, incomplete nature or the failure to update and/or the inaccuracy of the data or information regarding the characteristics or any other relevant data or information provided by the manufacturers of the products offered at the Website. The photos of the products published at the Website are solely provided for illustrative purposes and the actual appearance of the products may vary. The products that we sell, particularly the handcrafted products, may often present the characteristics of the natural materials that are used in their manufacturing process. These features, such as the variation in the natural veins, texture or colour of the materials, are normal and will not be considered flaws or defects.
3.4. The Customer accepts that LAS DALIAS does not assume any duty or responsibility whatsoever regarding any services that it does not provide directly. The Customer also accepts that the responsibility of LAS DALIAS in relation to any product purchased at the Website will be strictly limited to the purchase price of that product. Notwithstanding the foregoing, nothing set forth in these Terms will limit or exclude the rights recognised to the consumers by the regulations in force or our liability in the case of fraud or falseness or in cases of death or personal damages attributable to our negligence or deceit.
3.5. You, the User, must accept these General Terms before making your purchase. This agreement may be entered into validly in Spanish and in any of the other languages available at the Website. In the event of any discrepancies among any of the translated versions and these General Terms, the Spanish language version will prevail.
3.6. Once the products have been selected, the purchase process at the Website will follow the steps below:
-Shopping cart: Summary of the order content.
-Collection of personal data: Collection of identifying data, contact and acceptance of the general conditions.
-Payment: At this time you will be redirected to the corresponding payment gateway, according to the payment method you have selected.
-Confirmation: Confirmation that the order has been processed correctly. A confirmation of the order will also be sent to the email address indicated by the Customer.
Any possible errors in the data entry may be corrected by accessing the contents of the shopping cart or using the “back” button on your browser. Similarly, the order confirmation e-mail will include a summary of the details of the order. In the event that any errors are detected in relation to such data, the Customer must contact LAS DALIAS immediately.
4. Price and payment
4.1. The prices of the products are those expressly set forth on the page on which you place your order. Unless otherwise indicated, the prices specified on the Website are retail prices and include the VAT. The transaction will be made in EUROS, regardless of the Customer’s origin or place of residence. In the event that an error is detected in the price of a product included in an order, we will inform the Customer thereof as soon as possible, giving him/her the opportunity to either reconfirm his/her order at the correct price or cancel the order.
4.2. The order will not be deemed firm until full payment has been made. Moreover, the products requested will continue to be the property of LAS DALIAS until the price has been paid in full. Any risks to the products sold (loss, deterioration, etc.) will be the responsibility of the Customer as of the moment of their delivery.
4.3. The accepted payment methods are those expressly determined on the page on which you place the order.
4.4. The published prices do not include the costs of shipping. The shipping costs are specified on the page on which you place the order.
4.5. The special offers and promotions will only be valid for the time during which they are accessible to the recipients of the service.
5. Shipping and delivery terms
5.1. The available shipping methods and delivery times are those expressly determined in the "Shipping and Deliveries" section, available at the bottom of the website.
5.2. The terms of delivery that appear on the Website are set forth for illustrative purposes and are calculated in working days.
5.3. The items offered for sale through this website will only be sent to the Iberian Peninsula, the Balearic Islands and the European Union. Shipments will not be made to Ceuta or Melilla.
5.4. All products sold by means of the Website are subject to availability and will be shipped in keeping with the availability of the stocks. If a given requested product has been sold out, we will contact the Customer to agree to the new shipment terms. Whenever possible, Las Dalias will offer the Customer substitution products of equal or higher value to that of the item ordered, allowing the Customer to confirm the order with such substitution products at no additional cost or to cancel the order. In the latter case, any sums paid will be refunded to the Customer.
5.5. The order will be delivered to the address specified by the Customer at the time the purchase is made. In the event that it is impossible to deliver the order, the Customer will be contacted to arrange a new delivery date and time with the courier or to indicate to the Customer where and when the package can be picked up. After such attempt, if it is still impossible to make the delivery, the products will be returned to our warehouse, the order will be cancelled and we will refund the sums paid by the Customer. Nevertheless, if the delivery is impossible due to a cause attributable to the Customer, the latter will cover the costs of both the initial shipment and the return, as well as the payment of a sum of €7 for failed delivery, for processing costs.
5.6. Shipments will be duly wrapped and packaged. Should the Customer see errors in the goods received at the time of delivery or in the case that the shipped package is visibly bent or damaged, such circumstances must be noted on the courier’s delivery note. The Customer must notify LAS DALIAS in writing of such circumstances within 24 hours of delivery by writing to the e-mail address email@example.com, providing in such letter the most detailed possible description of the events that took place. Any claims made after the initial 24 hours of delivery will not be accepted.
6.1. None of the clauses or stipulations of the legal terms of the Website or of these General Terms will limit or exempt the liability of LAS DALIAS in cases of gross negligence or wilful misconduct, in the event of death or personal damages caused by its failure to fulfil its duties, or due to any breach by LAS DALIAS regarding the duties attributed thereto by law and particularly those set forth in Royal Legislative Decree 1/2007 in relation to consumer customers.
6.2. In accordance with that set forth in Spanish Royal Legislative Decree 1/2007, Customers who are also consumers have a legal two-year guarantee covering manufacturer’s flaws or the non-compliance of the products sold by LAS DALIAS. This guarantee excludes natural wear and tear due to the normal use of the products.
7. Cancellation and right of withdrawal
7.1. The Customer may cancel the order at no cost until the time the order is shipped.
7.2. In accordance with that set forth in Article 68 and subsequent articles, in addition to Article 102 of Spanish Royal Legislative Decree 1/2007, the consumer customer holds the right to withdraw from the contract and return the products purchased with no need for justification and no penalty whatsoever within a term of 14 calendar days, to be counted as of the date of receipt of the product.
7.3. Notwithstanding the foregoing, the Customer will not have the right of withdrawal in the circumstances set forth by Article 103 of Spanish Royal Legislative Decree 1/2007, and especially when the order corresponds to:
· Products that have been made in keeping with the buyer’s specifications, customised orders, special orders or clearly personalised orders.
· Products that can quickly deteriorate or expire, such as for example food or beverages with brief expiry periods or items that must be kept refrigerated.
· Products deemed inappropriate for return for health or hygiene protection reasons, such as for example: swimsuits, bikinis, underwear, cosmetics products or hair accessories.
7.4. To exercise his/her right, the Customer must notify us of his/her decision to withdraw from the contact, by means of an unequivocal statement (for example, a letter sent by post or an e-mail) sent to the registered address set forth herein above or to the e-mail address firstname.lastname@example.org.
The Customer may similarly the withdrawal form model available in the SHOPING GUIDE section on our website, although its use is not mandatory.
7.5. In case of withdrawal of contract, LAS DALIAS will refund all the payments made by the Customer, as well as the shipping expenses (with the exception of additional expenses resulting from the Customer’s selection of a delivery method other than the less costly standard delivery method that we offer), at the latest within 14 calendar days of the date on which we receive notification of his/her decision to withdraw from this contract. Such refund will be made by means of the same method of payment used by the Customer for the initial transaction, unless expressly requested otherwise by the Customer. In any case, such refund will not bring about any expenses for the Customer.
7.6. LAS DALIAS may withhold the refund until it has received the goods or until the Customer has presented proof of return thereof, depending on which condition is fulfilled first.
7.7. The Customer shall assume the risks and costs of the return of the products, which he/she must send to the address of LAS DALIAS as soon as possible, and in any case, within a maximum term of fourteen (14) days of his/her notification of his/her decision to withdraw from the contract.
7.8. The Customer will be responsible for any deterioration in the value of the goods due to any handling other than the handling necessary to establish the nature, the characteristics and the function of the products.
8.1. With the exception of the right to withdraw from contract, returns must first be authorised by LAS DALIAS, and the Customer must request the return of the item by sending an e-mail to the address email@example.com, indicating the order number, the product that he/she wishes to return and the reason for such return. If the return is authorised by LAS DALIAS, the company will inform the Customer of the necessary steps to process such return.
8.2. Any and all expenses and risks related with the transport for the return of the item will be covered by the Customer.
8.3. LAS DALIAS will not accept any returns that are not sent in the original packaging. Moreover, returned items must be duly sealed, contain all the original accessories and documentation, and they must be in perfect condition.
8.4. This provision does not affect the other rights recognised by the legislation in force.
If one or several of the clauses of these General Terms is deemed totally or partially null or invalid, such nullity shall affect only the specific so-deemed clause or section thereof. In such case, the remainder of the General Terms shall continue to be in force and the nullified clause or part thereof shall be deemed as non-existent.
The purchase of the products available at this Website necessarily entails your express acceptance of each and every one of the General Terms set forth herein, which are considered an integral part of the order.
11. Applicable legislation and competent jurisdiction
Notwithstanding the rights recognised to the consumers by virtue of Spanish Royal Legislative Decree 1/2007, of 16 November, this contract will be governed by Spanish Law, excluding its conflict of law rules. Similarly, for any discrepancies that might arise from the use of the Website or of the services associated with it, both parties hereby submit to the jurisdiction of the competent Courts of Ibiza, and the Customers hence expressly waive their rights to any other jurisdiction that may be applicable to them.
The European Commission provides an online dispute resolution platform for consumers, who can access it through the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event= main.home.chooseLanguage