GENERAL TERMS AND CONDITIONS OF ONLINE SALES
1. Introduction
Luis Olivan offers his customers his shop on the Internet,www.luisolivan.es (hereinafter the website), so that they can enjoy this service and purchase the products offered therein.
The general conditions of purchase included below, as well as any other particular conditions that may exist for the purchase of certain products, and which will be duly shown, where appropriate, on the corresponding screens, constitute the regulatory framework of each contract for the sale of goods that will be formalised through the website.
These General Conditions shall apply to the sale of products marketed through the website, access to which can be found at the top of the home page in the Shop section.
The user and/or client can directly access these Terms and Conditions, as well as the General Conditions of use and navigation of this website (Legal Notice), the privacy policy and the corresponding cookies policy by clicking on the sections that, duly identified, can be found at the bottom of this website.
By simply browsing through this website, the user and/or customer accepts its content in its entirety and without reservation. In case of disagreement, the user and/or client must leave this website.
The purchase operations formalised through this website will be understood to be made with Luis Olivan Villobas CIF: 18.019.629-A with registered office in 22003-Huesca, calle San Jorge 6.
The offers contained in this website and the services provided by the aforementioned company are aimed solely and exclusively at natural persons of legal age or legal entities that are considered to be consumers or end users in accordance with current legislation (Royal Legislative Decree 1/2007 of 16 November). Consequently, anyone who does not meet the above requirements may not purchase products through this website.
2. Function of these General Terms and Conditions - Customer Registration
As indicated above, the general conditions of purchase included below, as well as any other specific conditions that may exist for the purchase of certain products and which will be duly shown, where appropriate, on the corresponding screens, constitute the regulatory framework of each contract for the sale of goods that will be formalised through this website.
These Conditions have been drawn up in accordance with current legislation on the subject, including Royal Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, as well as Law 34/2002, on Information Society Services and Electronic Commerce and Law 59/2003, of 19 December, on Electronic Signatures.
These terms and conditions are available in the languages listed at the top of the website. Choose the one that suits you best. Likewise, once you have chosen a language other than English, the website will be able to offer you information in the chosen language.
To make purchases at www.luisolivan.es the user is required to have previously registered on the website by filling in a form which can be accessed via the link available on the website. To make purchases on www.luisolivan.es must expressly accept these General Terms and Conditions.
The general conditions, as well as any other particular conditions of purchase that will govern the acquisition of products and services offered in www.luisolivan.eswill always be those in force at the time each order is placed.
LUIS OLIVAN may at any time modify these general conditions of purchase respecting, in any case, the commitments previously made to its customers. Such modifications will be published on the website itself so that they can be known by new customers.
LUIS OLIVAN reserves the right to cancel and prevent access to customers who maintain debit balances or unpaid with LUIS OLIVAN.
3. Purchase of Products in luisolivan.es
The website will show at all times the products on sale together with their characteristics and their retail price in the Shop section, will only be sold to persons of legal age, who must declare this condition when entering the website.
LUIS OLIVAN decides which products it offers to its customers through its website at any given time.
In this way, LUIS OLIVAN will be able to add references to the catalogue of products it offers at luisolivan.esThe user may choose to use or remove them, respecting in any case the orders previously placed or the duration of specific campaigns or offers already committed to.
In accordance with current legislation, the sale or service of alcoholic beverages to minors through this website is prohibited.
3.1. Price indication
The prices of the products available for purchase are listed in euros and include Value Added Tax (VAT).
3.2. Methods of payment
Payments can be made by credit or debit card through the Caja Rural de Aragon/Redsys Secure Payment Terminal.
3.2.1 Payment by bank card
The Caja Rural de Aragon/Redsys Virtual Payment Terminal (TPV) accepts payment with American Express, Master Card, Maestro, Visa and Visa Electron cards. To make payments by card it is necessary to indicate: card number, expiry date, name and surname of the cardholder (as they appear on the card) and the CVV code of the card.The amount of the order will be charged to the customer's bank card at the time of purchase. In order to improve protection against possible fraud, the customer will have to provide his/her card details again with each purchase, as Luis Olivan does not have access to or store the bank details of its customers.
This merchant agrees not to allow any transaction that is illegal, or is deemed by the credit card brands or the acquiring bank, that may or has the potential to damage the goodwill of, or negatively influence them. The following activities are prohibited under the card brands' programmes: the sale or offer of a product or service that is not in full compliance with all laws applicable to the Purchaser, Issuing Bank, Merchant, Cardholder, or cards.
3.3. Availability
LUIS OLIVAN will serve orders in Spain (Peninsula and Balearic Islands) and Germany.
During the management of the order itself, in case of unavailability of the purchased product, the customer will be notified via email to indicate that the product is not available and try to find a solution to it.
3.4. Shipping costs
Shipping costs, if any, will be paid together with the amount of the order.
3.5. Order confirmation
The customer will confirm the order placed by clicking the 'Continue' button within the payment process. From this confirmation the order is firm and final, it will be registered automatically and LUIS OLIVAN will proceed to its delivery.
The automatic registration of the order placed has the value of proof as to its nature, content and date. The confirmation of the order by the customer implies acceptance of the prices, the description of the products offered, delivery costs and other conditions of sale of the product, which are contained in this document. Once the purchase process has been completed, the system will confirm the order to the customer via the website itself. This confirmation will also be sent to the e-mail address provided when registering.
The order confirmation and the purchase receipt (printout made by the user) shall not be valid as an invoice.
The corresponding invoice will be attached to the order in question and will be delivered to you together with the order.
3.6. Order tracking
LUIS OLIVAN puts at your disposal an e-mail address: luisolivan.es
3.7. Order delivery times
Orders will be delivered to the address indicated by the customer at the time of placing the order within 4/5 working days in mainland Spain and 5/7 working days in Germany and the Balearic Islands, although this may vary depending on the availability of the products or the delivery address. If the customer is not on site at the time of delivery, a notice will be left with the corresponding indications to contact the transport agency and arrange a new delivery. A second delivery will only be made if the customer contacts the agency to arrange it. The order will remain in the office of the transport agency for 15 calendar days after which it will be returned to Luis Olivan. After this period, if the customer claims his order, he will have to pay the shipping costs again.
In the situation we are in due to COVID-19, we ensure the delivery of your order but estimated delivery times may be longer than usual. We apologise for the inconvenience.
For any complaints after delivery, you can contact luis@luisolivan.es
Failing the above, the order will be delivered to the person, of legal age, at the time of delivery is at the address indicated. The customer expressly authorizes LUIS OLIVAN to make the delivery of the order on his behalf. The recipient of the order must sign the corresponding delivery note, stating your name and ID card or similar implying their agreement with the products received, both in terms of quantity and quality and condition in which they are.
For this purpose, the recipient may check the order as much as he/she wishes upon receipt in order to show his/her conformity with the order. If the order is not complete, this must be expressly stated on the corresponding delivery note.
3.8. Accreditation of operations
The acceptance of the order by LUIS OLIVAN as well as information relating to any transaction made from the corresponding order number and other documentation generated will be stored and archived, serving as evidence in case of dispute.
4. Return of products
4.1. Right of withdrawal
The Customer shall have a maximum period of fourteen (14) calendar days from the delivery of the product to withdraw, in whole or in part, from the purchase of the product, in accordance with the applicable legislation. In accordance with article 102.d) of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal does not apply to bottles that have been opened, but will be applicable to boxes of wine that have been opened or unsealed with a broken box.
Once the period of fourteen (14) calendar days has expired, Luis Olivan will not accept returns for withdrawal of product purchases.
In the event of withdrawing from the purchase of a product, the Customer should contact Luis Olivan by sending an email to luis@luisolivan.es
In any case, in the event of cancellation of the purchase, the following requirements must be met:
The product must be in the same condition in which it was delivered and must retain its original packaging and labelling.
The return to Luis Olivan must be made using the same box used in the delivery, or, failing that, in a similar format that guarantees the return of the products in perfect condition.
To exercise your right, you must inform us that you are exercising your right of withdrawal by writing to us at luis@luisolivan.es always within 14 days. Luis Olivan will acknowledge receipt thereof.
Returned orders should be sent to the address of:
Luis Olivan
Calle San Jorge 6,1º-A
22003-Huesca (Spain)
In case of withdrawal, the refund will include shipping costs. In any case, it will be the customer, in case of withdrawal, who pays the cost of returning the products to LUIS OLIVAN.
4.2. Return of defective products
Without prejudice to any other rights that may correspond to him/her, the Customer shall be entitled to a refund of the price of the defective products or of the products delivered if they do not correspond to the order placed by the User. Alternatively, the User shall be entitled to claim, and be delivered, an equal product, in perfect condition.
In the event of the return to Luis Olivan of defective products or products that do not correspond to the order, this must be carried out by the Customer by means of the procedure established in section (4.1) above, although the Customer, in this case, shall not be liable for the costs of returning the said products.
Provided that the User has followed the procedure set out in section (4.1) above and the requirements set out in this section have been met, Luis Olivan will refund the price paid for returned products that are defective or do not correspond to the product order placed by the Customer, in accordance with the provisions of section (4.3) below.
4.3. Reimbursement of the price of the products
Provided that the Customer has followed the procedure set out in this section and have met the requirements set out in the same Luis Olivan reimburse the price paid by the Customer for the returned products and shipping costs, except in the case of a non-standard shipping method or express delivery. In the event that the return is made in exercise of the right of withdrawal of the User described in paragraph (4.1) will not pay or face the costs and / or costs of returning the product to LUIS OLIVAN.
The Customer shall not be entitled to reimbursement of the price of returned products that are not in the same condition in which they were delivered, or the requirements set out in these General Terms and Conditions have not been met.
Partial returns of an order shall give rise to the reimbursement of the price corresponding to the product(s) actually returned.
Luis Olivan will manage the order for the refund of the price through the same payment system used by the Customer for the purchase of the products, within fourteen (14) days from the collection of the returned order and once Luis Olivan has verified that the returned products meet the requirements set out in paragraphs (4.1) and (4.2) above. The application of the price refund to the Customer's account will depend on the bank.
5. Protection of personal data
In this respect, please see the corresponding privacy and cookie policy which, duly identified, can be found at the bottom of the home page.
6. Cookies
In this respect, please see the corresponding privacy and cookie policy which, duly identified, can be found at the bottom of the home page.
7. Applicable law. Submission to jurisdiction
This contract shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract in terms of interpretation, validity and execution. Any disputes arising from the contracting of products through this website will be submitted to the competent jurisdictional bodies determined by law.
