Standard contracting condition
Conditions générales de vente
First : Ownership of the website
Lavelis, s.l., with registered office at Garcia Lorca nº12 8ºC, 36209 Vigo (Pontevedra), NIF B-36.401.388, and registered in the Trade Registrer of Pontevedra in the document PO-29219, page 214, is holder of the website www.cobrelis.com and puts it at the internet users' disposal in order to provide information about products and offers from Lavelis, s.l. and also to enable the purchase of the products offered by Lavelis, s.l. on this website.
Second : Rules applicable to the standard conditions.
The present standard conditions have been made in compliance with all rules of the Law 34/2002 about services of the society of information and of electronic commerce, of the Law 7/1998 about Standard conditions of purchase, of the Legislative Royal Decree 1/2007, of 16th of November, in which is approved the consolidated version of the General Law for the Defense of Consumers and Users and other supplementary laws, of the Law 7/1996 of Organisation of Retail commerce, of the law 59/2003 of Electronic Firm, and every legal regulation that may be of application.
Third : Applicability and validity of the standard conditions.
The present standard conditions are aimed to regulate all the information given about articles offered by Lavelis, s.l., and also the commercial trade between Lavelis, s.l. and users of the website who purchase the products offered in this website.
The fact of placing an order implies the full acceptance by the client, without any reserve from him, of all and each one of the present standard conditions.
Any condition raised by the client that is contradictory to the ones present in that list of standard conditions won't be effective against Lavelis, s.l., except when it is consciously accepted by the company.
Lavelis, s.l. can modify these present standard conditions at any moment and without preliminary notification, with the only requirement of notifying it on the website so that users can be informed of these conditions before visiting the website, or before purchasing any of the articles offered on the website. In this page the client will always find the most updated version.
Fourth : Commitments of the user.
The user declares possessing the legal capability and capability of acting necessary to carry out the purchase of articles and products offered by Lavelis, s.l., expressing that he or she is an adult and not subject to custody or guardianship.
The user also commits himself to the observance of the present conditions, and also to fulfill the special remarks or instructions of use contained in them and to act always in compliance with the law, with the good habits and with the requirements for good faith, using a diligence appropriate to the nature of the service, and abstaining himself from using the website in any way that would obstruct, damage or deteriorate the common use of the website, the goods or rights of Lavelis, s.l., its suppliers, the rest of the users or, in general, any third party.
Concretely, with an anunciative but not limitative character, the user commits himself:
- not to use false identities, nor to impersonate the identity of someone else in the use of the shop or in the use of any of the services of the website.
- in case of registering, to truly supply the data and to maintain it updated.
- not to destroy, alter, use for his own personal use, disable or damage the data, information, programs and electronic documents of Lavelis, s.l., of its suppliers or of a third party.
- not to introduce, store or spread inside the website or from it any computer program, data, virus, code, hardware or telecommunication installations or any other instrument or electronic or physical device that may damage the shop, or any of the services or equipments, systems or network of Lavelis, s.l.
- not to introduce, store or spread through the website any content that would violate the rights of intelectual or industrial property or company's secrets of third parties, nor, in general, any content of which he doesn't hold, in compliance with the law, the right to put it at disposal of a third party.
- not to realize advertising activities, promotional activities or activities of commercial exploitation through the website of Lavelis, s.l., and not to use the contents and particularly
the information obtained through the website to forward advertising, send messages with an aim of direct selling or any other commercial aim, and nor to collect and store personal information belonging to a third party.
- The user will take responsibility for any amount that Lavelis, s.l will have to pay as a consequence of an administrative decision, a firm judicial sentence or a contractual agreement tending towards paying an indemnity to a third party for the damage caused by the infraction of any of the behaviours previously mentionned.
Fifth: Selection of products.
The user is the only responsible for the selection of the product and the fact that this is or not adapted to his needs as seen in the legal framework for this subject.
As a result, it's responsibility of the user to request from the society any information or supplementary data about characteristics and use of the product
The user has the responsibility to inform himself about the prohibition or the limitation in use that may exist in his country regarding some of the products proposed in our shop.
We won't accept a return or a refund corresponding to returns of goods purchased in our shop from Customs in the country where the goods are sent due to prohibitions or limitations of use in the buyer's country.
Sixth: Products offered and price.
Products offered on the website of Lavelis, s.l., along with their characteristics and price will be visible on screen. Price will be displayed in euros and the V.A.T. will be separatly detailed.
The amount of the transport fees will also be visible on screen, and these fees will always be at the expense of the buyer.
For products sent outside the European Union, price will be detailed in the invoice without V.A.T. The client will also be responsible for the declaration and payment of the V.A.T., of customs duties, local taxes, importation rules and/or any other national tax required in his country.
Seventh: Formation of the contract
When ordering on the website, a confirmation page is displayed in which the client can check and/or modify the detail of his order and also the final price.
The client confirms the order by clicking on the button confirm order.
Once the order confirmed, he will access to the website page where he will be able to confirm definitively the order and proceed to its payment, and the order will then be considered as firm.
Once the purchase done, and in the shortest term, always in a period of 24 hours since the management of the purchase, Lavelis, s.l. will send him by mail a receipt of the purchase.
The client will then have the chance to apply for the invoice corresponding to the purchase and Lavelis, s.l. will send it to the client.
Eighth: Payment method.
Payment of the price of the goods purchased and of the transport fees can be made by credit card, debit card, by bank transfer, by payment cash on delivery or by paypal, accordingly to the payment method that will then be displayed on screen.
To proceed to the payment, the user will have to follow every and each of the instructions displayed on screen, and provide the information that will be required to him.
In order to ensure the best security for the user, Lavelis, s.l. has the right to request the documents corresponding to the identity and payment method of the user before the delivery of the order.
Ninth: Delivery of the products.
Delivery of products will be made at the residence indicated by the user, and transport fees are at his expense, while the choice of the carrier is competence of Lavelis, s.l.
Lavelis, s.l. complies with the commitment of the delivery which is its responsibility as a seller, and will deliver the goods in its warehouse to the transport company.
The concept of weight of consignment - transport weight is the weight used to calculate the transport fees. The transport weight is calculated from the real weight of the product and from its volume.
The buyer will have a period of seven working days to dissolve the contract without incuring a penalty charge or any expense, only when the proper nature of the good purchased makes it possible.
The term of seven working days will be effective from the day of reception by the buyer of the goods purchased.
In case of withdrawal, the buyer has to deliver the merchandise to the carrier in a perfect state, packed in a sealed bundle that will cover the original package.
Lavelis, s.l. will refund the amount received as payment for the price, and fees corresponding to the collection of the goods at the residence of the buyer will be deducted, and the refund will be made once the state of the goods has been checked, and always in a term not longer than 30 days after reception of the goods.
Goods made in conformance with the specifications of the buyer or clearly customized and in general products made on demand directly to the manufacturer, or goods that, because of their nature, can't be returned or can deteriorate or expire rapidly will be excluded from the possibility of unilateral withdrawal.
If the product is delivered to the buyer in a bad state and responsibility is of the carrier, the buyer will have to indicate it on the delivery note of the carrier and to communicate the damage to Lavelis, s.l. within a period of 24 hours after reception. Once this term over, Lavelis, s.l. won't accept responsibility for any complaint reguarding this matter.
If the product is defective, Lavelis, s.l. will take responsibility for the replacement of the product with no expense for the client. If on the contrary the client decides to dissolve the contract, the fees corresponding to the return of the goods will be charge of the client.
Eleventh: Responsibility of Lavelis, s.l.
Lavelis, s.l. will be responsible for the damage that the user could suffer as a consequence to the use of the website, only when this damage is caused by a fraudulent act of the company.
The user admits and accepts that the use of the website and the purchase of the products offered on that website are carried out at his own risk and responsibility.
Lavelis, s.l., won't be responsible, and the following enumeration is an anunciative but not limitative one, of any damage that could arise from:
- inferences, omissions, interruptions, computer virus, damage and/or disconnections in the working of the electronic system or in the machines and informatic equipments of the users that would prevent or delay the running of the services or the use of the system.
- delays or jamming in the use caused by deficiencies or overloading on the internet or in other electronic systems.
- the impossibility of using the service or to allow access for causes provoked by the user, by a third party or by situations of force majeur.
Lavelis, s.l. doesn't control, in a general way, the use that users could do of the website.
In a particular way Lavelis, s.l. doesn't guarantee in any situation that the users will use the service in accordance with the present standard conditions, the law, morality and public order, nor that they will do it in a diligent and cautious way.
The consciousness and observance of the rules and applicable laws in the country of destination of the order are exclusive responsibility of the buyer.
In Spain it's responsibility of the buyer to give acquaintance to the administration in charge in his country of the purchase of specific products like alembics.
Lavelis won't be responsible in any way for the incorrect use of the products sold in its website.
We expressly inform that the use of alembics for the distillation of alcohol may be forbidden in the country where the goods are sent and the buyer will exclusively have the responsibility of searching information about the applicable legislation for the use of these products in that country.
We also inform that the incorrect use of the alembic may be bad for the health.
Lavelis, s.l. won't take responsibility for any judicial problem or health problem deriving from an incorrect use or a use contrary to the law in the country where the product is sent of the alembics purchased on our website.
Twelfth: Force majeur
Lavelis, s.l. won't assume responsibility for the failure of its contractual obligations in case of force majeur or fortuitous event, including in these previous situations, and the list is not restrictive, catastrophes, fires, internal or external strikes, internal or external failure or damage, and, in general any event that would obstruct the sending of the orders.
Thirteenth: Protection of data of personal character.
Lavelis, s.l. guarantees the security and confidentiallity of the data of personal character given by the client.
In observance with the Organic Law 15/1999, of 13th of December, about Protection of Data of Personal Character, the data provided will be incorporated to a computer file for which Lavelis, s.l. is responsible, with the purpose of sending information about products and promotions that could be of interest for the client in the future.
The client will be able to access his data at any time and to rectify them, or even to cancel them, and also to oppose their treatment, provided he informs Lavelis, s.l in writing of his decision.
Regarding the use of the data included in the file, Lavelis, s.l. commits itself to respect their confidentiallity and to use them in accordance with the aim of the file.
Fourteenth: Intellectual and industrial property
All the contents displayed on the website are subject to rights of intellectual and industrial property of Lavelis, s.l. or of third parties, holder of these rights, who have duly authorized their inclusion to the system online.
In no case will it be considered that any licence is granted or a renouncement, transfer, total or partial cession of these rights is done, and no right or prospect of right is granted, especially rights of alteration, exploitation, reproduction, distribution or public communication on the contents displayed on the website without previous express authorization of Lavelis, s.l. or of the concerned holders.
For any necessary communication between Lavelis, s.l. and the user, this last can use the following means:
- Telephone: + 34 986 207 552
- Mail: email@example.com
Communications from Lavelis, s.l. to the user will be done in conformance with the data given by this last at registering on the website.
The user expressly accepts, for all communications related to the use of the website and/or the purchase of goods, the use of electronic mail as a valid procedure for the execution of these communications.
Sixteenth: Applicable legislation and jurisdiction.
The present standard conditions will be ruled by the spanish legislation, and it will be the one in use for every matter not mentionned in these standard conditions in the field of interpretation, validity and execution.
Both sides expressly renounce to the jurisdiction that would correspond to their person and submit to the Court of justice of Pontevedra, that will be the only in charge to resolve the lawsuits deriving from the interpretation, formalization or execution of any clause of these standard conditions, and also from contracts of sale between Lavelis, s.l. and users of the website.
www.cobrelis.com is a wed o lavelis, s.l. Lavelis s.l. The company registered in the trade report(relationship) of Pontevedra in the sheet(leaf) Pô 29219, Sheet(Leaf) 214, NIF B36401388. Place of residence of company; Garcia lorca 12 8ºC vigo, Pontevedra, Spain. Phone: (34 ) 986207552, E-mail: firstname.lastname@example.org