general conditions of sale and shipping conditions
GENERAL CONDITIONS OF SALE
As indicated in the Legal disclaimer and Conditions of use, this Website (www.ventoslario.com) is operated by the company Toromiro, S.L. (hereinafter “VENTÓS LARIO”), a Spanish business with business address at Passatge Masoliver 13, 08005, Barcelona with Tax ID number B-64697220, listed in the Companies Register of Barcelona in Volume 40.027, Folio 113, Sheet B-357.129, and access to and use of the Website is governed by the terms and conditions therein.
This document establishes the terms and conditions governing purchases made through this Website of the products and services offered therein (hereinafter, the “General conditions of sale” or “GCS”)
2. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
In placing an order through this Website, Users hereby declare they are 18 years of age or older and have the legal capacity to enter into binding contracts. If the order is placed on behalf of a legal entity, Users hereby declare they have sufficient powers to represent said legal entity and accept these GCS.
Be aware that by submitting the order, after marking the box “I have read and accept” on the order form, you are accepting and committing to these terms and conditions, wholly and unreservedly. These GCS substitute any other prior conditions in any other document.
Thus, we ask you to please read these GCS carefully before submitting an order through this Website.
All purchases shall be considered to be made in the business address of VENTÓS LARIO in Barcelona.
VENTÓS LARIO reserves the right to revise and modify these GCS at any time with no prior warning. However, said changes would not have any effect on orders sent out before the changes were posted.
3. YOUR DETAILS AND VISITS TO THIS WEBSITE
4. AVAILABILITY OF PRODUCTS
All orders are subject to the availability of the products requested. If difficulties were to arise in providing said products or if there were no more items in stock, we will reimburse you for any amount you may have paid.
Additionally, the items on offer through this Website can be sent to most countries in the world (for more information on whether it is possible to ship to a specific country, please see the “Shipping conditions” section and/or contact us by email at firstname.lastname@example.org or phone on +34 930162724).
Notwithstanding the former, if it weren’t possible to ship to a specific destination after the order had been placed, we will contact you as soon as possible and reimburse you for the purchase.
5. PURCHASE PROCESS
The purchase process has several phases, which are as follows:
In order to make the purchase you have to have registered in the Web Page. To this end, it will be necessary to provide a series of data such as your name or company name, address, e-mail, among others, which must be in any case true and accurate. When you register you will have a username and password (the “Credentials“) to access your personal account on the Web Page. You can modify the data at any time by accessing your account.
b) Placing an order
Once you have your Credentials you can choose your products, put them in your basket and follow the instructions given to place your order. It is important that you follow all the steps as indicated and read our “Shipping conditions”carefully.
Once you have provided your billing and shipping details and completed payment, you will be given all the information on the order (including an order number). Please note that the Order number provided is for reference only and in no way constitutes confirmation from VENTÓS LARIO of the order.
The order placed is an offer to purchase the selected products in your shopping basket according to the current terms and conditions. VENTÓS LARIO reserves the right to accept said offer at its sole discretion, in full or part, and if VENTÓS LARIO were to decline your offer for any reason the company will attempt to contact you by email, phone or post and reimburse any amount you may have paid.
c) Order confirmation
If VENTÓS LARIO accepts your order and after verifying the availability of the products requested and the payment made, you will be notified with an order confirmation email (“Order confirmation“). Said Order confirmation shall be sent by email and be effective from the date sent.
Once you have received the Order confirmation, VENTÓS LARIO will ship your order to the address provided on the order form with the corresponding invoice.
6. PRICE, PAYMENT AND BILLING
All prices are listed in EUROS. The prices shall be those posted on the Website at the time the purchase is made. The prices listed on the Website include Value Added Tax in line with current law but not any other costs or taxes applicable for shipping or handling that, depending on the shipping destination, will be listed separated and added to the final price. For more information about shipping and handling costs, please see our “Shipping conditions”.
When you place an order to be shipped to a non-EU country, you may be responsible for customs duty, which must be paid upon arrival of the package to its destination and may not be calculated ahead of time when placing the order. Thus, you are hereby notified that you must cover any additional amounts due for customs dispatch. VENTÓS LARIO has no control over said amounts. Customs policies vary significantly from one country to another, so we suggest you contact the corresponding customs office for further information. Remember, when you place an order through our Website, legally you are considered an importer and, as such, you must comply with any and all laws and regulations applicable in the country where you will receive the goods. Your privacy is of the utmost importance to us and if you are an international customer please be aware that international shipments are subject to inspection and may be opened by customs agents.
Prices may change at any time, although said changes will not affect any orders already placed if you have already received an Order confirmation.
VENTÓS LARIO only accepts payment through the PayPal platform, although this system does accept credit and debit card payments (Visa, American Express, Maestro, MasterCard).
If you would like to pay using a debit or credit card, you must provide your card details when placing the order and the charges will be made online in real time using the PayPal payment system after checking that the details provided are correct. PayPal may request information regarding the cardholder’s identity to verify the payment process has been completed properly.
Be aware that by clicking on “Authorise payment” you are confirming that you are the cardholder or have the necessary authorisation from the cardholder and that you are in no way acting fraudulently.
Only the bank that issued the card and PayPal have access to the banking details associated with this payment method, so VENTÓS LARIO cannot access, have any knowledge of or register these details during the payment transaction or at any other time. The banking details entered are encrypted and are not stored or shared with third parties for any purposes other than completing the transaction. They are transferred securely to the servers of the banking institution and then verified with the issuing bank to prevent any possible fraud or misuse.
You expressly authorise VENTÓS LARIO to issue an electronic bill, although you may request a paper invoice at any time, which we will issue and send upon request.
7.TRANSFER OF OWNERSHIP OF PRODUCTS
You will be solely responsible for any and all risks regarding products from the time of delivery. Notwithstanding the former, and despite delivery being completed, you will not acquire full ownership of the products until VENTÓS LARIO receives payment in full of all amounts due for said products, including shipping fees when applicable.
8.INABILITY TO DELIVER
If, after two attempts, it is not possible to deliver your order, the logistics operator will contact you by phone to tell you where you can pick it up. If it were not possible to contact you by phone, a note will be left explaining where your order is and how you can pick it up. If you will not be present at the delivery address at the agreed-upon time, please contact VENTÓS LARIO or the logistics operator to arrange delivery another day.
9. RETURNS/EXCHANGES POLICY
9.1. Examination of the products
You shall be responsible for examining the products immediately upon receiving them.
9.2. Legal right to withdraw from purchase
In accordance with Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer and User Protection Act and other complementary laws (herein after “Royal Decree 1/2007“), if you are considered a consumer according to the definition in the aforementioned decree, you shall have the right to withdraw from the purchase contract at any time within a period of 14 calendar days from the date of delivery of the products to which the contract pertains without any need to justify your decision and without being penalised in any way, except when the purchase contract refers to specific products and/or services, including but not limited to: (i) goods created according to the consumer’s specifications or clearly personalised; (ii) goods that may deteriorate or expire quickly; and (iii) sealed goods that may not be returned for reasons associated with health and/or hygiene or that have been opened after delivery.
To exercise your right to withdraw from the purchase, please notify VENTÓS LARIO of your decision to do so with an unequivocal declaration send by email to email@example.com or by post to Passatge Masoliver 13 08005 Barcelona (Spain), including your contact information, order number, delivery date and copy of your ID card/passport. For this purpose, you can use this model of withdrawal form.
VENTÓS LARIO will contact you to have the items associated with the contract withdrawal picked up. Except when expressly indicated otherwise, you may return products by shipping them to the following address Passatge Masoliver 13 08005, Barcelona (Spain), with all shipping costs being your sole responsibility.
In order to comply with the withdrawal deadline, the notification of your decision must be sent within the established time period.
If you withdraw from the contract in accordance with the provisions of this Clause, VENTÓS LARIO will return any payments received for the purchase in question (including shipping fees corresponding to the cheapest shipping option offered) no later than 14 days from the date VENTÓS LARIO receives the aforementioned notification. VENTÓS LARIO shall reimburse said amounts to the original payment method used for the transaction unless specifically agreed otherwise. Notwithstanding the former, VENTÓS LARIO may withhold reimbursement until the items in question have been received or until proof of return of said goods has been provided, whichever is first.
The items must be in perfect conditions with the corresponding tags. Items must be returned in their original packaging to ensure they are duly protected in transit
No reimbursements will be given if the product has been used beyond simply being opened (no returns will be accepted of products with broken seals), if the product is not in the same conditions as when it was delivered or has suffered any damages, or if it is returned without the original packaging, instructions and any other documents it came with.
9.3.Returning defective products
If, upon receiving your products, you believe they do not meet the stipulations in these GCS, contact VENTÓS LARIO immediately by email at firstname.lastname@example.org indicating the product information and damage suffered, or by phone on +34 930162724 and we will indicate how to proceed.
Products are considered to comply with these GCS as long as they:
- Fit the description given by VENTÓS LARIO and have the qualities indicated on this Website
- Can be used for the purposes this type of product is normally used for
- Have the normal quality and specifications of a product of its type that are reasonably expected taking into account the nature of the product and, when applicable, any public declarations regarding the specific characteristics of the product we may have made.
In this regard, please be aware that our products are made using artisanal procedures and, as such, the exact size, shape and capacity of each bottle may vary slightly. Plus, glass can have irregularities inherent in the production process and these shall not be considered defects nor the product defective
Likewise, please be aware that the colours and designs of the products on screen may vary slightly from the actual look and size of the products on offer on this Website and these variations shall not be considered defects.
Upon receiving the products returned, they shall be carefully inspected and we will notify you by email, within a reasonable period of time, whether we will accept the return or replace the product (if applicable). Return or replacement of the item will be processed as soon as possible and within 14 days of the date on which we send you an email confirming return or replacement of the item in question.
The amount paid for products returned due to defects, if we deem these to exist, will be refunded in full, including shipping costs incurred in delivering the item. The amount will be refunded via the original payment method.
In any case, all rights recognised by current law apply.
10. CUSTOMER SERVICE
In any case, for any incidents or claims, you may contact us by email at email@example.com. As a consumer, you may request claim sheets at the VENTÓS LARIO business offices.
11. LIABILITY OF VENTÓS LARIO
Any guarantees, conditions or terms derived from or associated with the supply of products through this Website that may apply individually or in addition to these GCS under current law or regulations (including but not limited to any implicit terms like quality, suitability for a specific purpose, or reasonable professionalism and service) are expressly excluded to the fullest extent of the law.
Likewise, to the fullest extent of the law VENTÓS LARIO shall not be held liable for any loss of revenue or sales, business or data, or for resulting indirect damages or of any other sort that may arise from or be caused by illicit acts (including negligence), breach of contract or similar. The maximum liability VENTÓS LARIO shall be held accountable for, as stipulated in this contract, in the case of illicit acts (including negligence) is the exact amount you paid for the products or services in question and under no circumstances shall the sum exceed this amount.
Notwithstanding the former, under no circumstances shall the liability of VENTÓS LARIO be limited or excluded in case of (i) death or injury caused by negligence, (ii) fraud, (iii) failure to meet the obligations laid out in applicable law regarding rights or (iv) obligations established by law.
Be aware that this has no effect on your legal rights as a consumer under Royal Decree 1/2007, nor on your right to return products according to the provisions of clause 9.2.
12. WRITTEN COMMUNICATIONS
The applicable regulations require that part of the information or communications we send you be in writing. By using this Website, you accept that the majority of said communications with VENTÓS LARIO shall be electronic. For contractual purposes, you consent to use this electronic means of communication and recognise that any notification, information or other communication that VENTÓS LARIO may send electronically complies with all legal requirements for written communications. This condition does not affect your rights as recognised by law.
Any notifications you send VENTÓS LARIO should preferably be sent by email to firstname.lastname@example.org. In accordance with the provisions of clause 12 above, and except when expressly noted to the contrary, VENTÓS LARIO can send communications to either the email or post address provided in placing your order.
Notifications will be considered to have been received and correctly transmitted 24 hours after being sent by email or three days after the postmark on any letter. As proof of notification, the following shall suffice: in the case of letters, that the address provided was correct, that the letter had proper postage and was duly handed over to the post office or placed in a post box, and, in the case of an email, that it was sent to the address you provided in placing your order.
14. WAIVER OF RIGHTS AND OBLIGATIONS
For purchases made through this Website, these GCS are binding for you and for VENTÓS LARIO, as well as any respective successors, assignees or trustees.
You may not transfer, cede, unencumber yourself of or in any other way reallocate your contractual position or any of your rights or obligations derived from said contract without express written consent from VENTÓS LARIO.
If any of these GCS were to be found illegal or unenforceable by a firm decision from a competent authority, the rest of the terms and conditions shall remain in force, applying without any effect from said finding, and the voided clause shall be replaced by another similar one in the most appropriate manner.
16. FORCE MAJEURE
Neither you nor VENTÓS LARIO shall be held responsible for breach of these GCS as a result of causes of force majeure beyond your control. Causes of force majeure shall be considered to include any act, event, lack of exercise, omission or accident beyond reasonable control, including but not limited: strikes, shutdowns or other vindicative measures, natural disaster, civil unrest, terrorist attack or threat, inability to use trains, ships, planes, motor transport or other public or private means of transport, among others.
Obligations shall be suspended for the duration of the causes of force majeure, and we will have an extension on the period in which said obligations must be fulfilled equal to that which the causes of force majeure lasted.
17. APPLICABLE LAW AND JURISDICTION
The contract to purchase products through this Website shall be governed by Spanish law. Any issues that may arise with regard to this Website or said contract shall be taken up with the Courts of Spain, specifically those of Barcelona.
Notwithstanding the former, if you are purchasing products as a consumer, nothing in this clause shall affect the rights established in the Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer and User Protection Act and other complementary laws.
SHIPPING · RATES
|Spain and Portugal||Free|
|Rest of Europe *||Free for orders over €300, otherwise €25|
|EUA||Free for orders over €300, otherwise €25|
|Other countries||Please request a quote at email@example.com|
|* Includes: France, Italy, Belgium, Netherlands, Luxembourg, Germany, Great Britain, Ireland, Austria, Denmark, Finland, Sweden, Bulgaria, Czech Republic, Slovakia, Slovenia, Hungary, Poland, Romania.|
We accept orders from anywhere in the world as long as it is possible to send our perfumes safely and efficiently. Any local customs duty at the destination must be paid by the customer.
For urgent shipping, contact us for additional rates and options.
If you would like to give a VENTÓS LARIO perfume as a gift with a personal note, send us an email with the text and we’ll put it in an envelope.
Contact email: firstname.lastname@example.org