The following legal terms and conditions shall govern the contracting of products and services through this website, property of DIRECTO DEL OLIVAR S.L., hereinafter the PROVIDER. Acceptance of this contractual document implies that the USER:
- Has read, understands and comprehends what is set out herein.
- Is a person with sufficient capacity to contract.
- Assumes all the obligations set forth herein.
These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the PROVIDER’s website. The PROVIDER informs that the merchant is responsible for and is aware of the current legislation of the countries to which it offers services and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.
IDENTITY OF THE CONTRACTING PARTIES
On the one hand, the supplier of the goods or services contracted by the USER is DIRECTO DEL OLIVAR S.L., VAT B23774961, registered in the Mercantile Register of Jaén, Volume 565, Section 11, Page J-22527, with registered office at Avda. Andalucía, 7. 23560 Huelma (Jaén), and with telephone number (+34) 659 435 143. And on the other hand, the USER, being fully 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 sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process. The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.
CONTRACTING PROCEDURE
The USER, in order to access the services offered by the PROVIDER, may or may not register on the website by creating a user account. To do so, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of current regulations on personal data protection, Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and detailed in the Legal Notice and Privacy Policy of this website. In case of creating an account, the USER will select a user name and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or of the possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately. It is informed that in accordance with the requirements of article 27 of the Spanish Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
- General contracting clauses.
- Shipping.
- Right of withdrawal (returns).
- Complaints.
- Force majeure.
- Jurisdiction.
- Generalities of the offer.
- Price and period of validity of the offer.
- Transport costs.
- Method of payment, costs and discounts.
- Purchasing process.
- Data processing
- Applicable law and jurisdiction.
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the 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
The PROVIDER will not send any order voucher until it has confirmed that payment has been made. Once payment has been confirmed, the product will be sent and physically delivered by a transport agency within the time periods indicated on the purchase form and on the order receipt, according to its destination. In the event that the product cannot be delivered to the physical address indicated by the USER, either due to absence, impossibility of access or error in the data provided, the product may be delivered to an alternative point defined by the transport agency or the PROVIDER, informing the USER accordingly.
3. RIGHT OF WITHDRAWAL (RETURNS)
The USER may exercise their right of withdrawal within 14 calendar days from the date of receipt of the product. During this period, the USER may cancel the order, request the return of the product and the reimbursement of the amount paid, without having to state the reason or incur any additional cost. To do so, the USER must contact the PROVIDER directly using the details provided in the order or by means of the withdrawal form. Once the product has been received and checked, the PROVIDER will proceed to refund the purchase price without undue delay, provided that the product received is the original and in perfect condition. This refund will be made using the same form of payment in which the order was placed, unless the USER has expressly provided otherwise and provided that no costs are incurred as a result of the refund.
4. COMPLAINTS
Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses: Postal address: DIRECTO DEL OLIVAR S.L. Avenida de Andalucía, 7. 23560 Huelma. Jaén. Jaén. Spain. Telephone / Whatsapp: (+34) 659 435 143. E-mail: info@directodelolivar.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 the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, 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 in order to reach an agreement, and may 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 shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.
6. COMPETENCE
The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest will not be affected in any way, nor will they be modified in any way. The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of DIRECTO DEL OLIVAR S.L. or stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail. Given the continuous technical advances and improvements of the services, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, as long as it does not affect the value of the services offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products and services offered is affected.
8. PRICE AND PERIOD 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. The prices applicable to each product or service are those published on the website and are expressed in EURO currency (€). The USER assumes that the economic valuation of some of the products or services may vary in real time. Any payment made to the PROVIDER will lead to the issuance of an invoice in the name of the USER or of the company name that the USER has informed at the time of placing the order. This invoice will be sent in PDF format to the email address provided by the USER. For any information about the order, the USER may contact the PROVIDER’s customer service telephone number (+34) 659 435 143 or via e-mail to info@directodelolivar.com.
9. TRANSPORT COSTS
The transport costs are indicated in the online shopping cart, on the purchase form and on the electronic receipt of the order, depending on the destination selected by the USER.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The PROVIDER offers the following methods of payment for an order:
- Bank transfer to account (sent once the order is formalised).
- Credit or debit card: secure payment through the bank payment gateway (Redsys).
- Paypal: secure payment through the PAYPAL payment gateway (subject to availability).
11. PURCHASING PROCESS
Any product or service in our catalogue can be added to the shopping cart. It will only show the products, services, quantity, price and total amount, including taxes, charges and discounts. The cart has no administrative link, it is only a section where you can simulate a budget without any commitment on both sides. From the shopping cart you can make an estimate following the necessary steps for the correct formalisation:
- Checking the invoicing and shipping details.
- Selection of the payment method.
- Placing the order (purchase).
- Notification by automatic e-mail confirming the order.
The USER may provide the required data in any of the official languages of the European Union such as Spanish, English, German or French.
12. DATA PROCESSING
Owner: DIRECTO DEL OLIVAR, SOCIEDAD LIMITADA – CIF: B23774961 Postal address: Avenida de Andalucía, 7. 23560 Huelma (Jaén). Telephone: (+34) 659435143. E-mail: info@directodelolivar.com On behalf of the company we process the information provided by the USER in order to provide the requested service and invoice the same. The data provided will be kept for as long as the commercial relationship is maintained or for the years necessary to comply with legal obligations. The data will not be transferred to third parties except in cases where there is a legal obligation. The USER has the right to obtain confirmation as to whether DIRECTO DEL OLIVAR, SOCIEDAD LIMITADA is processing their personal data, and therefore has the right to access their personal data, rectify inaccurate data or request its deletion when the data is no longer necessary. We also request your authorisation to offer you products and services related to those requested and to ensure your loyalty as a CUSTOMER.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the services covered by these Conditions to the courts and tribunals of the USER’s address.