GENERAL TERMS AND CONDITIONS
These General Terms and Conditions govern the purchase of products offered through the website www.lastdelaselva.com, owned by Last de la Selva, SL (hereinafter “THE OWNER”), Tax ID: B17669441, Address: Carretera de Sils km 2.4, Santa Coloma de Farners, Postal Code: 17430 Girona, Email: info@lastdelaselva.com; hereinafter “THE COMPANY”.
In this document, we will refer to the “USER”, who is the individual who purchases the product offered through the website, and “THE COMPANY”, which is us.
The products are purchased directly from THE COMPANY, who acts as the direct seller; therefore, the sales contract for the products is made between the USER and THE COMPANY.
The USER must read and accept these General Terms and Conditions and the product information before proceeding with the purchase. This acceptance is expressly given by clicking the box “I have read and accept the General Terms and Conditions” that will appear during the purchase process. By doing so, the USER confirms that they are of legal age and have the legal capacity to purchase the products offered by THE COMPANY.
Upon completion of the purchase, it will be considered legally binding, and from that moment the prices and conditions will be contractual, meaning they can only be modified by the express agreement of the contracting parties.
The electronic document formalizing the contract will be archived by THE COMPANY for one year, and the USER may obtain a copy during this period.
1. USER OBLIGATIONS
The USER agrees to use the website and, where applicable, to purchase the products offered by THE COMPANY in accordance with the law and these General Terms and Conditions.
The COMPANY reserves the right to remove any comments or opinions from USERS on the website that are contrary to current legislation, especially in cases where they violate fundamental rights and freedoms.
2. PURCHASE PROCEDURE AND PAYMENT METHOD
The USER will select the products they wish to purchase and the quantity or number of units on the website. The prices shown on the screen are in Euros and are current, except in the case of typographical errors, indicating whether or not applicable taxes are included.
The USER must complete the form with their information to process the order and must click on the “Continue” button to proceed with the purchase of the products. They must also expressly accept these General Terms and Conditions. On the next page, the USER will see a summary of the products they wish to purchase, their price, applicable taxes, shipping costs, and the estimated delivery time. The USER can make any necessary changes before clicking on the “Pay” button. Once the USER accesses the “Pay” button, they must enter their credit card details, PayPal account information, or Bizum number and confirm the payment.
The COMPANY will send the USER an email, WhatsApp message, or phone call acknowledging receipt and confirming the purchase within twenty-four (24) hours of receiving the order confirmation. The contract will not be considered finalized until the COMPANY receives payment for the products.
If the USER requires an invoice, they can request it by emailing the COMPANY.
The USER is responsible for the accuracy of the personal data provided to THE COMPANY, and in particular, is responsible for ensuring that the credit or debit cards used are their own and have sufficient funds to cover the cost of the products they wish to purchase. THE COMPANY reserves the right to cancel the sale in the event of non-payment, chargeback, declined card, or false information, or if it is unable to verify the card details. Furthermore, the USER must notify THE COMPANY via email of any unauthorized or fraudulent charges on the card used for purchases on the website as soon as they become aware of them.
3. RIGHT OF WITHDRAWAL
In accordance with Articles 102 et seq. of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, USERS who qualify as consumers or users, as defined in Article 3 of the aforementioned Royal Legislative Decree, may withdraw from the purchase for any reason within 14 calendar days of receiving the product. However, as established in the following section entitled.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
As established in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, the right of withdrawal shall not apply to contracts relating to:
The provision of services, once the service has been fully performed, when performance has begun with the prior express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully performed by the business, they will have lost their right of withdrawal.
The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the business cannot control and that may occur during the withdrawal period.
The supply of goods made to the consumer’s specifications or clearly personalized.
The supply of goods that may deteriorate or expire rapidly.
The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
The supply of goods that, after delivery and taking into account their nature, have been inseparably mixed with other goods.
The supply of alcoholic beverages whose price has been agreed upon at the time of the conclusion of the sales contract and which cannot be delivered before 30 days, and whose actual value depends on market fluctuations that the trader cannot control.
Contracts in which the consumer has specifically requested the trader to visit them to carry out urgent repairs or maintenance; if, during that visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than the replacement parts necessarily used to carry out the repairs or maintenance, the right of withdrawal applies to those additional services or goods.
The supply of sealed audio or video recordings or sealed computer software that have been unsealed by the consumer after delivery.
The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded through public auctions.
The supply of accommodation services for purposes other than residential use, transport of goods, car rental, catering, or services related to leisure activities, if the contracts provide for a specific date or period of performance.
The supply of digital content not provided on a tangible medium when performance has begun with the consumer’s prior express consent and acknowledgment that they will consequently lose their right of withdrawal.
4. RETURNS
For damage caused during transport or shipping errors:
If, upon delivery, it is clearly and visibly apparent, without needing to open the shipping packaging or the product’s own packaging, that a product has defects caused by transport damage or if there is an error in the merchandise received, the USER must notify the COMPANY at the email address provided at the beginning of these general terms and conditions within 48 hours of receiving the order. This will allow the USER to request a return of the affected product(s) and a replacement with a new one or a refund of the price paid.
For defective products:
If, upon opening the package, the USER discovers that a product is defective, they must notify the COMPANY at the email address provided and return it within 15 calendar days of receiving it. In this case, when the return is justified, THE COMPANY will refund the value of the product and shipping costs, in addition to the direct costs of the return, within thirty (30) days of THE COMPANY’s receipt of the returned product.
The foregoing is without prejudice to the provisions of current mandatory consumer protection regulations.
5. WARRANTY
The USER must inform the COMPANY of any lack of conformity within two months of becoming aware of it. The warranty does not cover damage caused by improper use or normal wear and tear of the products.
6. CUSTOMER SERVICE
For any communication, issue, or complaint, the USER may send an email to the COMPANY.
7. SEVERABILITY
If any clause included in these General Terms and Conditions is declared, in whole or in part, null or ineffective, such nullity or ineffectiveness will only affect that clause or the part thereof that is null or ineffective, and the rest of the General Terms and Conditions will remain in full force and effect.
8. NOTIFICATIONS
Any notification or request that the parties must make in relation to the purchase of products or these General Terms and Conditions must be made in writing and will be considered duly made if sent to the email address that each party may indicate to the other for this purpose.
9. APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions shall be governed by and construed in accordance with the laws of Spain.
The COMPANY reserves the right to make changes at any time to our website, as well as to these General Terms and Conditions. Changes to essential elements will not affect contracts already entered into, unless the USER has expressly accepted the modified terms.
10. INFORMATION ON DISPUTE RESOLUTION
Online dispute resolution pursuant to Article 14.1 of Regulation (EU) 524/2013: The European Commission provides a platform for online dispute resolution, which is available at the following link:
THE COMPANY reserves the right to make changes to our website and these General Terms and Conditions at any time. Changes to essential elements will not affect contracts already in place, unless the USER has expressly accepted the modified terms.