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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
1. These General Terms and Conditions shall expressly govern the relationships that arise between Can Solivera SL, Carrer de Fitor s/n, 17113 Forallac, Spain , with Tax Registration Number B-17570235 (hereafter, Can Solivera) and third parties (hereafter, "Users”, ” Clients” or “Customers") who register as users and /or clients or customers through the official Can Solivera website online store “http://www.solivera.com ", (hereafter the "Store"), as well as directly to Can Solivera by other means of communications or indirectly through an official agent of Can Solivera.
2. USER’S DUTIES
The User agrees to use the Store to purchase the Products and to use each of the services provided by Can Solivera diligently under the law, morality, public order and provisions hereof. He must also prevent himself from using the said Products or services in any way that may prevent, damage or deteriorate the normal operation and use of the Store on the part of the Users or that may harm or cause damage to Can Solivera goods and rights as well as to those corresponding to its suppliers, Users or, in general, any third party.
You can place an order by post, by fax, by e-mail, or through the internet store, but also by telephone. It is best to order using the reference numbers mentioned in our price list, on the website, or on other sources of information from Can Solivera. If you do not know a particular number, please be sure to describe the item very clearly. After placing an order, you retain the right to cancel it within 24 hours by means of an e-mail containing your bank account number and without any further explanation being required. Any payment already received will then be credited to your account within 14 days.
4. Price changes
. All prices in the price list, on the website and in any other sources of information from Can Solivera are noncommittal. For that reason, prices are subject to change. Can Solivera reserve the right to change specifications and prices at any time without advance notice. Obviously that does not hold for orders that have already been booked.
All orders must be paid in advance, unless otherwise agreed and confirmed in writing. The shipping and handling cost is not included in the price of the Products. At the time of purchase of the Product, the customer shall be informed of the exact shipping and handling costs. Your order will only be sent after the amount due has been has been credited to our account. We will normally include an invoice with your order for your own records
6. Home Delivery Service
6.1 The Can Solivera delivery service is performed in collaboration with a number of logistics operators of acknowledged prestige. Orders shall not be sent to Post Office Boxes, hotels or other non-permanent addresses. All orders will be shipped within seven (7) working days after receipt of the invoice amount. In the event that this is not possible for certain reasons (e.g. if a particular olive oil is no longer available until the next harvest), we will inform you of that.
6.2 If for whatever reason Can Solivera is unable to deliver the items ordered by the customer within 21 days, the customer is entitled to cancel the order in writing (including the customer's bank account number) at no expense to the customer. Any payment already received will then be credited to the customer's account within 14 days.
7. Transfer of risk
The risk of the loss of or damage to the products that are the subject of the agreement is transferred to the customer at the moment when the customer or a third party acting on the customer's behalf accepts the subject of the agreement upon delivery by a transporter. The receiver is naturally entitled to accept a package with a visible defect subject to approval. In that case he or she must describe the nature and the extent of the damage and (if possible) of the loss as specifically as possible on all copies of the order delivery form before signing for delivery.
8. Guarantees & Claims
8.1 Can Solivera guarantees that the items to be delivered will meet the usual demands and standards that can be expected of them. In the event of invisible flaws upon delivery, the customer must inform Can Solivera of this in writing within eight (8) working days. Can Solivera and the customer will then look together for a solution that is acceptable for both parties.
8.2 This guarantee does not apply when the flaw is the result of improper use or when, without written permission from Can Solivera, the customer or a third party has effected changes (including repackaging) to the items delivered.
Can Solivera accepts no liability for any costs and damages that arise as a direct or indirect consequence of: - Actions by or negligence on the part of the customer. - Careless or incompetent actions by the customer in the use and storage of the products delivered. - Damages to the products delivered as a result of external influences, whether they are of a mechanical, biological or chemical nature. - Discolouration and ageing of the items delivered as a consequence of exposure to light (UV radiation) or oxidation (air). - Any other outside cause. - Force majeur. - The inability to deliver because suppliers or transporters cannot live up to their agreements with Can Solivera. - Viral infections of customers' computers as a result of e-mail contact with Can Solivera. Can Solivera will do its utmost to exclude the risk of this occurring. It is the customer's responsibility to scan e-mail/Internet files for viruses. The names, designations, descriptions and illustrations found on the website are provided purely as indicators for describing or demonstrating a particular product. No rights can be derived from these for interpreting them in different ways. Items, parts of items or the packages may therefore deviate from these.
10. INTELLECTUAL AND INDUSTRIAL PROPERTY
10.1 The User acknowledges that all elements of the Store and of each of the Products, the information and materials contained therein, the trademarks, the structure, selection, arrangement and presentation of its contents, and the computer programs used in relation to the said Products are protected by intellectual and industrial property rights belonging to Can Solivera or to third parties, and that in regards to these industrial and intellectual property rights the General Terms and Conditions do not give him any other rights than those specifically covered thereof.
10.2 Unless authorised by Can Solivera or, as the case may be, by the third-party holders of the corresponding rights, or except if allowed by law, the User shall not reproduce, transform, modify, disassemble, perform inverse engineering, distribute, rent, lend, make available, or allow access to the public through any way of public communication of any of the elements referred to in the previous paragraph. The User must use the materials, elements and information to which he has access through the use of the Store solely for his own needs, agreeing not to perform whether directly or indirectly, any commercial use of the materials, elements and information obtained thereof.
11 DATA PROTECTION
11.1 In compliance with the Spanish Personal Data Protection Act 15/99, we are informing you that your personal details and other information provided by means of the registration form and from the transactions made, shall be included and kept on a file belonging to Can Solivera until you request it to be cancelled. The treatment thereof shall be used for the performance and execution of the sale, the personalised care of the products and services that you purchase and the improvement thereof as well as the promotion of proprietary products and services and those of third companies related to Can Solivera
11.2 The User may, at any time, exercise the rights of access, rectification, opposition or cancellation by letter addressed to Can Solivera, POB 139 La Bisbal, 17100 Spain or by means of an e-mail addressed to Can Solivera, to which a copy of his ID. Number shall be attached thereto.
11.3. Replies marked with an * on the registration form are mandatory. Failure to answer the said questions shall prevent the purchase of the selected products from being completed.
12.2 Should the User not want a cookie to be installed on his hard drive, he should configure his Internet browser in such a way that it does not accept the said cookies. In the same way, the User may freely destroy the cookies. In the event the User decides to disable the cookies, the quality and speed of the service may diminish and he may even lose access to some of the services offered in the Store.
13. Force majeur
Parties are not bound to fulfil any obligation if they are unable to do so as a consequence of circumstances that were unintended or no fault of their own. Force majeur is understood in these general terms and conditions to mean - besides what it is understood to mean in the law and jurisprudence - all causes from outside, foreseen or unforeseen, upon which Can Solivera has no influence, but which nevertheless prevent Can Solivera from fulfilling its obligations.
14. Privacy statement
At Can Solivera we put great value on security so that we may guarantee and protect the private nature of the data supplied by our customers. In addition to the minimum security prescribed by the legislator, the acquisition and the processing of these data are carried out under security levels that prevent the loss of such data, and prevent the access to them by unauthorized persons.
In compliance with the provisions of Spanish Law 15/1.999, of December 13 on the Protection of Data of a Personal Nature, we hereby inform you that all the data provided by you in connection with an order and/or a subscription to a newsletter, will be incorporated in a database at Can Solivera used to manage orders and accounts, as well as for sending you information on the products and the services supplied by Can Solivera, and for sending promotional material via email.
Your consent to receive product information from Can Solivera about the products marketed by Can Solivera, will be understood as permission for Can Solivera to use your data to that end. These commercial messages will be sent out as e-mails only. The data you provide us with will in no way be communicated to third persons or companies.
Unless the opposite is expressly specified, you will be required to complete all the necessary data on the forms and the coupons found on our Web page. In the event of you not providing all the data required, Can Solivera, may not be able to supply your order.
You will at all times retain the right of access, correction, cancellation, and if necessary, you may express your desire not to receive any kind of publicity material.
For this purpose you can either send a written communication to San Solivera at firstname.lastname@example.org with a photocopy of your identity certificate, or you may send an e-mail message with LOPD as the Subject to Can Solivera, stating your first name, family name and customer name and the sentence: I do not wish to receive commercial messages from Can Solivera.
15. Disputes and the applicable law
The court of law in La Bisbal d'Empordà, 17100 Girona, Spain is the only court of law competent to take cognizance of any disputes. Any agreement between Can Solivera and the customer is subject to Spanish law.
If you have any questions, please feel free to ask us! We would prefer to receive your questions by e-mail, but you can also reach us by telephone during working-days preferably in the morning between 10:00 and 14:00 hrs.