Returns and Refunds Policy

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, which 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 information about the products they wish to purchase before proceeding with the purchase. This acceptance will be expressly made by clicking on 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 in nature, 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 the provisions of 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 the required information to process the order, clicking on the “Continue” button to proceed with the purchase of the products and expressly accepting these General Terms and Conditions. On the next page, the USER will see a summary of the products they wish to purchase, the price, applicable taxes, shipping costs, and the estimated delivery time. The USER can make any changes they deem necessary before clicking on the “Pay” button. Once they access the “Pay” button, the USER 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 is not 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, a chargeback, a 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 to 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 and following 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 USER who has the condition of consumer or user in accordance with the definition established in article 3 of the aforementioned Royal Decree has a period of 14 calendar days from receipt of the product. However, as established in the following section entitled “EXCEPTIONS TO THE RIGHT OF D

EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

As established in Art. 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, the right of withdrawal is not applicable to contracts that refer to:

The provision of services, once the service has been completely executed, when execution has begun, with the prior express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by the entrepreneur, 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 entrepreneur cannot control and that may occur during the period of withdrawal.

The supply of goods made according to the specifications of the consumer and user or clearly personalized.

The supply of goods that may deteriorate or expire quickly.

The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery.

The supply of goods that after delivery and taking into account their nature have been indissociably mixed with other goods.

The supply of alcoholic beverages whose price has been agreed upon at the time of signing the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.

Contracts in which the consumer and user have specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, during this visit, the entrepreneur provides additional services to the specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal shall apply to the aforementioned additional services or goods.

The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user 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 housing, transport of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

The supply of digital content that is not provided on a material support when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that in consequently loses the right of withdrawal.

4. RETURNS

For damage caused during transport or error in shipping:

If at the time of delivery it is clearly and visibly apparent, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage during transport or an error is similarly apparent in the goods received, the USER must notify the COMPANY, at their email address that appears at the beginning of the order receipt, in order to be able to request the return of the affected product or products and thus the replacement with a new one or the reimbursement of the price paid for it.

For defective products:

In the event that once the package is opened the USER verifies that a product is defective, they must notify the COMPANY at their email address, and proceed with its return within 15 calendar days from the moment the received. In this case, when the return is justified, THE COMPANY will reimburse the value of the product and the shipping costs, in addition to the direct costs of the return, within thirty (30) days of the COMPANY’s receipt of the product that is the reason for the return.

This is without prejudice to the provisions of the current mandatory regulations on consumer protection.

5. GUARANTEE

The USER must inform THE COMPANY of the lack of conformity within two months of becoming aware of it. The guarantee does not cover damage caused by improper use or normal wear and tear of the products.

6. – CUSTOMER SERVICE

For any communication, incident or claim, the USER can send a communication to THE COMPANY by email.

7. NULLITY OF THE CLAUSES

If any clause included in these General 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, the rest of the General Conditions remaining in force.

8. NOTIFICATIONS

Any notification or request that must be made by the parties in relation to the contracting of products or these General Conditions must be made in writing and will be understood to have been duly made if it has been sent to the email that for these purposes each party may indicate to the other.

9. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION

These general conditions are governed by and will be interpreted 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 Conditions. Changes to essential elements will not affect contracts already stipulated, unless the USER has expressly accepted the modified conditions.

10. INFORMATION ON DISPUTE RESOLUTION

Online dispute resolution in accordance with Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://eur-lex.europa.eu/legal-content/ES/ALL/?uri=celex%3A32013R05

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