These General Terms and Conditions
These conditions shall expressly govern the
relationships that arise between Can Solivera LLC, 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.us ", (hereafter the "Store"), as well as
directly to Can Solivera by other means of communications or indirectly through an official agent of Can Solivera.
1. 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. They must also
prevent themselves 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.
2. Ordering
Clients may place an order by post, by e-mail, by phone, or through the
internet store. 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.
3. 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 placed.
4. Payment
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
5. Home Delivery Service
5.1 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.
5.2 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.
6. 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.
7. Guarantees & Claims
7.1 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.
7.2 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.
8 Liability
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.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY
9.1 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.
9.2 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.
10 DATA PROTECTION
10.1 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
10.2 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.
10.3. 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.
11. COOKIES
11.1 Can Solivera uses cookies with the purpose of improving its
services, aiding browsing, maintaining security, verifying the
identity of the User, aiding access to personal preferences and monitoring the use of the Store.
Cookies are files installed on the computer hard drive or in the
browser memory in a folder previously configured by the User’s
computer operating system for the purpose of its identification.
11.2 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.
12. 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.
13. 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 info@solivera.com 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.
14. 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.
15. Questions?
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.
If you would like to order something after we have answered your
question, you will still need to confirm your order in writing
afterwards
