Vivalando

General contracting conditions

Introduction

This contractual document will govern the General Conditions for contracting products or services (hereinafter, « Conditions ») through the vivalando.com website, owned by VIVALANDO INTERNATIONAL, SL, hereinafter, PROVIDER, whose contact details are also included in the Legal Notice of this website.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, since those that are in force at the time of ordering will be applicable.

The contracts will not be subject to any formality with the exception of the assumptions expressly indicated in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document implies that the USER:

  • You have read, understand and understand what is stated here.
  • You are a person with sufficient capacity to contract.
  • Assume all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products. ucts and provides the services, and reserves the right to unilaterally modify the conditions, without this affecting the goods, services or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products or services contracted by the USER is VIVALANDO INTERNATIONAL, SL, with registered address social at CL COSTA BRAVA, 1 -07610- CAN PASTILLA, ILLES BALEARS, ESPAÑA, NIF: B16656092 and with customer / USER telephone number 871235958.

And from another, the USER, registered on the website by means of a username and password, over which he has full responsibility for use and custody, and is 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 relationship of sale born between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be over 16 years of age and register through the website by creating an account of Username. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27, 2016 (GDPR), relative to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and Organic Law 3/2018, of December 5 (LOPDGDD), regarding the protection of personal and detailed data in the Legal Notice and in the Privacy Policy of this website.

The USER will select a username and password, committing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or the possible access by an unauthorized third party, so that it proceeds to the immediate blocking.

Once the user account has been created, inf Orma that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.

2. Shipping orders.

3. Right of withdrawal.

4. Claims.

5. Force majeure.

6. Competition.

7. Offer overview.

8. Price and term of validity of the offer.

9. Transportation costs.

10. Form of payment, expenses and discounts.

11. Purchase process.

12. Applicable guarantees.

13. Guarantees and returns.

14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply 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.

This Marketplace platform offers the service of putting in contact OFFERS and DEMANDS, charging, electronically, a commission for each published announcement made under the General Conditions set out here, not being responsible for the products and / or services offered by third-party suppliers since, according to EU Directive 2000 / 31 / CE:

It acts only as an intermediary between the PROVIDER and the USER, acting as a «meeting point» or «data host».

There is no effective knowledge of the activity or information exposed by the PROVIDERS, on our platform or on others, whether it is lawful or not, or whether it damages the property and rights of a third party liable for compensation.

The Service allows USERS to register on the platform, contact the PROVIDERS to order products and / or services, confirm their receipt and communicate with each other with the help of a messaging tool made available to them.

2. SENDING ORDERS

The PROVIDER will not send any order or activate any service until it has verified that the payment has been made.

Merchandise shipments will usually be made by MRW EXPRESS COURIER, according to the destination freely designated by the USER.

Failure to perform the distance contract

The delivery dates or terms shall be understood as approximate, the delay not constituting an essential breach. In the event that the PROVIDER has not made the delivery of the merchandise, after 30 days from the agreed delivery date, due to lack of availability of the product or service, the USER must be informed and will be entitled to cancel the order and receive the return. of the total amount paid at no cost, and without incurring any liability for damages attributable to the PROVIDER.

In the event of unjustified delay by the PROVIDER regarding the return of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered in excess of said amount.

The delivery time is usually between 2 and 14 working days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not comes to be made, as the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made at the time the carrier has put the products to disposition of the USER and he, or his delegate, has signed the document of receipt of delivery.

It is the responsibility of the USER to verify the products upon receipt and expose all exceptions and claims that may be justified in the delivery receipt document.

In the event that the contracting does not involve the physical delivery of any product, but an activation of some services, these being directly downloaded from the sit io web, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and terms to proceed with the return and / or claim the possible vices or defects that the product or service presents, both in online and offline mode.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, for the return of the same (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition and, if a service is provided, from the same day of activation and / or download of the same.

The Right of withdrawal may not apply in the following cases:

1. If the product is not in perfect condition.

2. If the product packaging is not the original one or it 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 tapes applied directly on it is prohibited.

3. When the product is open without being able to show that it has not been used.

4. In software applications that are directly downloaded through the portal or unsealed by the USER after their physical delivery.

5. When they are personalized products or those that, for hygiene reasons or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.

6. In the supply of products whose price depends on fluctuations in the financial market that the PROVIDER cannot control and that may occur during the withdrawal period.

7. In the supply of products made according to the USER's specifications or clearly personalized.

8. In the supply of products that may deteriorate or expire quickly.

All returns must be communicated to the PROVIDER by email to hello@vivalando.com, indicating the corresponding invoice or order number.

Once the USER has received an affirmative answer from the PROVIDER, he will send the product to the PROVIDER, with the transportation costs at your expense, at the address of VIVALANDO INTERNATIONAL, SL, CL CAMI SANT JORDI, 137 BJ -07199- SANT JORDI, ILLES BALEARS, SPAIN (or at the address indicated by the PROVIDER).

4. CLAIMS

Any claim that the USER deems appropriate will be addressed as soon as possible, and can be made at the following contact addresses:

Postal: VIVALANDO INTERNATIONAL, SL, CL COSTA BRAVA, 1 -07610- CAN PASTILLA, ILLES BALEARS, SPAIN

Phone:871235958

Email:hello@vivalando.com

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online conflict resolution between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the dispute resolution body, which acts Use of intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, finally being able to 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 will not be held liable for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of force majeure.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERAL INFORMATION OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of VIVALANDO INTERNATIONAL, SL or as stipulated herein, it will take effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product do not include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in the EURO currency or in the currency indicated in each country. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase, you can check all the budget details online: articles, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.

Once the order is placed, the prices will be maintained whether there is product availability or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the business name that he / she has informed at the time of placing the order. This invoice will be sent together with the product purchased, as well as in PDF to the email address provided by the USER.

For any information about the order, the USER may contact Through the PROVIDER's customer service telephone number 871235958 or via email to the address hello@vivalando.com.

9. TRANSPORTATION COSTS

Prices do not include shipping or communication costs, installation or download costs, or complementary services, unless expressly agreed in writing to the contrary.

The postage will be calculated at the time of saving the basket or budget, since they are calculated by the weight, volume and dimensions of the products and by the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER enables the following ways to pay for an order:

  • Credit card: No discounts or charges will be applied. Card payment will not be accepted if it exceeds € 5000.
  • PayPal
  • Bizum
  • Bank transfer.

Security measures

The website uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these ends, the user / client accepts that the provider obtains data for the purpose of the corresponding authentication of the access controls.

The PROVIDER undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the programs of the card brands: the sale or offer of a product or service that does not comply with all the laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder or cards.

11. PURCHASE PROCESS

Basket (simulation of budget)

Any product from our catalog can be added to the basket. In this, only the articles, the quantity, the price and the total amount will be observed. Once the basket is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment by both parties.

From the basket you can place an order by following the steps below for its correct formalization:

  • Verification of billing information.
  • Verification of shipping address.
  • Selection of payment method.
  • Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department and another to the mail of the USER confirming the placing of the order.

Orders (purchase requests)

In a maximum of 48 hours, On working days, an email will be sent to the USER confirming the order status and the approximate shipping and / or delivery date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, 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. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Royal Legislative Decree 1/2007, of November 16, by which the revised text of the General Law for the Defense of Consumers and Users and other complementary laws is approved:

Article 114. General principles.

The seller is obliged to deliver to the consumer and user products that are in accordance with the contract, responding to him for any lack of conformity that exists at the time of delivery of the product .

Article 115. Scope of application.

1. Included in the scope of this title are contracts for the sale of products and contracts for the supply of products to be produced or manufactured.

2. The provisions of this title will not apply to products acquired through judicial sale, water or gas, when they are not packaged for sale in limited volume or specified quantities, and to electricity. Nor will it be applicable to second-hand products acquired in an administrative auction to which consumers and users can attend personally.

Article 116. Compliance of the products with the contract.

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:

a) They conform to the description made by the seller and have the qualities of the product that the seller has presented to the consumer and user as a sample or model.

b) They are suitable for the uses to which products of the same type are ordinarily destined.

c) They are suitable for any special use required by the consumer and user when made known to the seller at the time of conclusion of the contract, provided that he has admitted that the product is suitable for such use.

d) Present the usual quality and benefits of a product of the same type that the consumer and user can justifiably expect, taking into account the nature of the product and, where appropriate, the public statements about the specific characteristics of the products made by the seller, the producer or their representative, in particular in advertising or labeling. The seller will not be bound by such public statements if he demonstrates that he was unaware and could not reasonably be expected to be aware of the statement in question, that such statement had been corrected at the time of conclusion of the contract, or that such statement could not influence the decision to buy. the product.

2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the contract of sale or supply regulated in article 115.1 and has been carried out by the seller or under his responsibility, or by the consumer and user when the faulty installation is due to an error in the installation instructions.

3. There will be no responsibility for lack of conformity that the consumer and user knew or could not have been justifiably ignored at the time of the conclusion of the contract or that have their origin in materials supplied by the consumer and user.

Article 117. Incompatibility of actions.

The exercise of the actions contemplated in this title will be incompatible with the exercise of the actions derived from the reorganization for hidden defects of the sale.

In any case, the consumer and user will have the right, in accordance with civil and commercial legislation, to be compensated by the damages and losses derived from the lack of conformity.

Article 118. Responsibility of the seller and rights of the consumer and user.

< p class="leading-normal">The consumer and user have the right to repair the product, its replacement, the discount of the price or the termination of the contract, in accordance with the provisions of this title.

Article 119. Repair and replacement of the product.

1. If the product is not in accordance with the contract, the consumer and user may choose between requiring the repair or replacement of the product, unless one of these two options is objectively impossible or disproportionate. From the moment the consumer and user notify the seller of the chosen option, both parties must abide by it. This decision of the consumer and user is understood without prejudice to the provisions of the following article for cases in which the repair or replacement fails to bring the product into compliance with the contract.

2. The form of remediation that, compared to the other, imposes on the seller costs that are not reasonable, will be considered disproportionate, taking into account the value that the product would have if there was no lack of conformity, the relevance of the lack of conformity and if the form alternative sanitation could be carried out without major inconveniences for the consumer and user.

To determine if the costs are not reasonable, the expenses corresponding to a form of sanitation must also be, considerably higher than the expenses corresponding to the other form of sanitation.

Article 120. Legal regime of the repair or replacement of the product.

The repair and replacement will conform to the following rules:

a) They will be free for the consumer and user. Said gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.

b) They must be carried out within a reasonable period of time and without major inconveniences for the consumer and user, taking into account the nature of the products and the purpose they had for the consumer and user.

c) The repair suspends the computation of the terms referred to in article 123. The suspension period will begin from when the consumer and user make the product available to the seller and will conclude with delivery to the consumer and user of the repaired product. During the six months after delivery of the repaired product, the seller will be liable for the lack of conformity that led to the repair, presuming that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) If the repair is completed and the product is delivered, it continues to be not in accordance with the contract, the consumer and user may demand the replacement of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided for in this chapter.

e) The substitution suspends the terms referred to in article 123 from the year of the option by the consumer and user until the delivery of the new product. In any case, article 123.1, second paragraph, shall apply to the substitute product.

f) If the substitution fails to bring the product into compliance with the contract, the Consumer and user may demand the repair of the product, unless this option is disproportionate, the price reduction or the termination of the contract in the terms provided in this chapter.

g) The consumer and user may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.

Article 121. Reduction of the price and termination of the contract.

The price reduction and the termination of the contract will proceed, at the choice of the consumer and user, when the latter cannot demand the repair or replacement and in cases where these have not been carried out within a reasonable time or without major inconvenience to the consumer. dor and user. The resolution will not proceed when the lack of conformity is of little importance.

Article 122. Criteria for the price reduction.

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract and the value that the product actually delivered had at the time of said delivery.

Article 123. Deadlines.

1. The seller is liable for any lack of conformity that appears within a period of two years from delivery. In second-hand products, the seller and the consumer and user may agree to a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it will be presumed that the lack of conformity that is manifested in the six months after the delivery of the product, be it new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the non-conformance.

2. Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase receipt, or on the corresponding delivery note if it is later.

3 . The seller is obliged to deliver to the consumer or user who exercises his right to repair or replacement, documentary justification of the delivery of the product, stating the date of delivery and the lack of conformity that originates the exercise of the right.

In the same way, together with the repaired or replaced product, the seller will provide the consumer or user with a documentary justification of the delivery stating the date of the delivery and, where appropriate, The repair performed.

4. The action to claim compliance with the provisions of chapter II of this title will prescribe three years from the delivery of the product.

5. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. Failure to comply with this period will not entail the loss of the corresponding right to sanitation, the consumer and user being responsible, however, for the damages or losses actually caused by the delay in communication.

Unless proven otherwise, it will be understood that the communication of the consumer and user has taken place within the established period.

Article 124. Action against the producer .

When the consumer and user find it impossible or an excessive burden to address the seller due to the lack of conformity of the products with the contract, they may claim directly to the producer in order to obtain the replacement or repair of the product.

In general, and without prejudice to the fact that the responsibility of the producer ceased, for the purposes of this title, under the same terms and conditions as those established for the v The producer will be liable for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Whoever has responded to the consumer and user will have a period of one year to repeat against the person responsible for the lack of conformity. This term is computed from the moment the reorganization was completed.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services object of these Conditions.

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