We invite you to review the general conditions of sale that regulate the offer and purchase of products from L’OLIVERA, S.C.C.L. (hereinafter “Company”) through the online store that is included in this website www.olivera.org
By buying a product or a service using this website you are bound by these conditions.
PRELIMINARY PROVISIONS
These conditions of sale are applicable to all sales of items and subscriptions that have been made through the website www.olivera.org (hereinafter “website”).
In making an order or a subscription, you affirm that you are over 18 years of age and that you have the legal capacity to make binding contacts.
The orders can only be made to acquire merchandise without the intention of resale. Any resale or distribution of products purchased through this website is strictly prohibited.
We reserve the right to cancel fraudulent, false or speculative orders, as well as those that have been requested by a client with whom there may be some difference/controversy in previous orders, or when there are reasonable doubts that may make us think that the client is engaging in criminal activity.
We can update these conditions of purchase as well as the legal notice / privacy policy at any time. You can check the updated version of all the texts by clicking on the linksConditions of sale” and “Legal Notice / Privacitiy Policy“
EXCLUSIONS
The sale of alcoholic beverages to persons under 18 years of age is expressly prohibited. In the process, the User declares and states that they are over 18 years of age and that, in any case, they have the legal minimum age for the purchase and consumption of alcoholic beverages in the location in which they are located. If the User falsifies this declaration and acquires any of the products offered without complying with this recquirement, he/she exclusively assumes all the legal consequences that may arise from this.
USER OBLIGATIONS
As a user, you are obliged to communicate to L’OLIVERA, S.C.C.L. all the data necessary to acces and use the services provided by this website. The data provided must be true and current, you must be aware that we can use them to contact you, if necessary.
It is essential that you provide all the information that we classify as mandatory, since, if you do not do so, we will not be able to process your order. We will not be responsible in any case for possible delays or errors in delivery as a result of the error or omission of data.
The user will have to make appropriate use of the services included in this website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.
SECURITY MEASURES
We will put in place all reasonable mechanisms within our power to ensure that your personal data is kept secure at all times.
Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify the loss, theft or illegitimate acces of your username and password, as well as your knowledge by third parties.
CONDITIONS APPLICABLE TO ORDERS
All products offered on this website are marketed by:
L’OLIVERA, S.C.C.L.
CIF: F25014176
C/ LA PLANA, S/N – 25268 – VALLBONA DE LES MONGES (LLEIDA)
Registered in the Registry of Cooperatives number 755
Telephone: 973 33 02 76
E-mail: olivera@olivera.org
Purchase procedure
You can browse the website until you find the desired item. Once located, clicking on it will acces all the information offered by the website. From there you can add the item to your purchase. If you are placing an order with us for the first time, we ask you to enter all your personal data (name and surname, email, address, payment method, etc.) and create an account. Once you enter your account, you can continue your purchase and finally confirm the order.
. The invoice will be issued in Catalan. If you want it to be in another language, you must indicate this when requesting the invoice. You can also request a paper copy of your invoice.
Subscritions
Subscription options:
- L’OLIVERASURPRISE
With this model, each quarter you will recieve a surprise box at home with unusual L’Olivera wines: old vintages, experimental vinifitacions, unique wines and more innovations.
Quarterly shipping.
Fee: €45 / quarter
- L’OLIVERA EVERYDAY
Designed for the domestic consumption of wine and olive oil, with this model the following will be delivered to your home on a quarterly basis:
- 1 bag-in-box of 5 litres of white wine L’Olivera de Cada Día
- 1 bag-in-box of 5 litres of red wine L’Olivera de Cada Día
- 1 can of 1 litre Marges Oil (organic extra virgin olive oil)
Quarterly shipping.
Fee: €60 / quarter
- L’OLIVERA ESSENTIAL
For those of you who think that you don’t need a reason to open a bottle of wine, that any day is perfect. This option is for you. With this model, the following will be delivered quarterly:
- 3 bottles of Blanc de Serè white wine
- 3 bottles of Tossudes red wine
Quarterly shipping.
Fee: €62 / quarter
In order to make the subscription effective, the user/subscriber will need to provide their personal data (name and surname, shipping address, telephone and contact email) and accept our data privacy policy.
To subscribe, the User must acces the “Subscribe” tab on the website. Then, after clicking on the “Finalise purchase” button, they will simply have to fill in the requested data to be able to process the order: billing details, shipping method, payment information and comment of the order.
Subscriptions are accepted for the same quarter:
- From December 16 to March 15: receive the shipment at the end of March
- From March 16 to June 15: receive the shipment at the end of June
- From June 16 to September 15: receive the shipment at the end of September
- From September 16 to December 15: receive the shipment at the end of December
Renewal or modification
The subscription will be automatically extended for identical periods unless the User cancels their subscription. The User can cancel their subscription by connecting to their user account and using the cancel subscription link. This musb be done before the 15th of the last month of the term. If the cancellation request is made after this date, the execution of the cancellation will not take effect until the following quarter.
Regardless of the type of subscription that the User has chosen, the subscription model can be modified by email notificatoin to acasa@olivera.org.
Personal data
The personal data necessary for the processing of the order will be treated respecting the reasonable conditions of security and the laws and regulations in force that apply to this, and particularly in accordance with Regultaion (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data (RGPD) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
Offer coverage
The territory in which orders are accepted and distributed is mainland Spain and the Balearic Islands.
If a user is interested in receiving a purchase in Ceuta, Melilla, the Spanish islands, Portugal or in a country of the European Union other than Spain, we recommend that they contact us by sending an email to olivera@olivera.org and we will manage your order.
Availability
All orders are subject to availability. We are not responsible for out-of-stock or unavailability of products.
Check the section of articles available for sale through the website, since not all the articles that we offer in our store or that may appear in catalogues, websites or other types of presentations are available for this type of sale.
If once the order is made, the product is not available, you will be informed as quickly as possible by email or by phone and the purchase will be totally or partially cancelled.
If you have any questions, we recommend contacting customer service at botiga@olivera.org.
Contract with the Company and acceptance of orders
The order will not be accepted by us until the amount has been charged to our bank account. We will confirm the acceptance of the order in an email in which we will inform you that the order is being sent. Only at this time will the contract between you and us be formalized, and only for the items listed in the order confirmation email.
Confirmation and cancellation of orders
Before finalising the order on your part on the website, you will be able to review all the details associated with it (amounts will be broken down into all the necessary headings: taxes, transport costs, selection of items, etc.) being able to correct what you consider necessary.
After confirmation, it will not be possible to modify or cancel the order through the website. To do this, you must contact the Company by e-mail or telephone. It can only be modified or cancelled if the item has not entered the dispatch phase from our warehouses.
Currency, tax and price
In accordance with current legisltaion, Law 37/1992, december 28, any purchase made on our website will be subject to value added tax. The applicable rate will be the one legally in force at any given time.
All prices are shown in euros and should be considered as the final price to be paid by the customer (VAT and other taxes that may apply), shipping costs not included.
Els preus poden canviar en qualsevol moment, però els possibles canvis no afectaran les comandes o compres respecte als que l’Usuari ja hagi comprat.
All prices are shown in euros and should be considered as the final price to be paid by the customer (VAT and other taxes that may apply), shipping costs not included.
Payment methods and security
Any order made must be paid immediately after confirmation of the order. Only orders for which payment has been completed and verified will be processed.
Sales:
Credit Cards: VISA, VISA Electron, 4B and MasterCard are accepted. The amount of the order will be charged to the card, so you must indicate the name, the expiration date, as well as the security code CW2 (found on the back of your card).
These data will not be saved or manipulated by us, they will be registered directly in the payment gateway of the corresponding financial institution, in this case Redsys. In the event that the charge cannot be carried out (for any reason), the order will be automatically cancelled.
PayPal: Allows you to pay directly without communicating financial data on the network. It automatically encrypts sensitive data with the help of the best technologies available on the market.
Subscriptions:
Quarterly payment: a charge will made every months to the card with which the subscription was made.
Deliveries: types, deadlines and problems
Un cop rebut el pagament, es prepararà la seva comanda.
Enviaments a Espanya (Península) i Balears
The delivery will be made to the requested address, by an express transport company during normal business hours, within a period of between 3 and 5 working days. When the shipment is made, you will receive an email with the confirmation of your order. In the event that 7 days after receiving the confirmation email you still have not received your order, contact our Customer Service at 973 33 02 76 or by sending an email to botiga@olivera.org.
This period may be modified in sales periods, Christmas campaigns or in the case of customs procedures or other circumstances derived from geographical distance, weather conditions, wars, strikes, any form of government intervention, breaches of our suppliers, etc., as well as any other attributable to the logistics operator in charge of delivering the product. We are not responsible for possible delays that may arise for any of the reasons stated above.
If, at the time of delivery, the packaging of the order is damaged, you must open the package in the presence of the logistics operator to verify the condition of the items. If damage is observed, it must be detailed on the delivery note and the Company must be contacted. We will repair or replace at no cost to you all those items that have been damaged or lost during transport, as long as you notify us of this incident as quickly as possible.
Once the order is delivered, it will become part of your property and, therefore, all damages that may arise will be your responsibility.
Shipping costs
Transport costs are free for orders of an amount equal to or greater than €60.
For orders with an amount less than €60, the shipping costs will be those that can be seen detailed in the following table:
| 0-2 kg | 2-5 kg | 5-8 kg | 8-13 kg | 13-16 kg | 16-21 kg | 21-24 kg | 24-29 kg | 29-136 kg | From 60 € |
Bottles | 1 | 2-3 | 4-6 | 7-9 | 10-12 | 13-15 | 16-18 | 19-21 | 22-102 | any |
Catalunya | 9.41€ | 10.43€ | 10.43€ | 12.02€ | 14.75€ | 20.09€ | 21.26€ | 25.93€ | — | Free |
Peninsular Spain | 10.16€ | 11.27€ | 13.24€ | 16.59€ | 16.59€ | 23.29€ | 24.71€ | 30.37€ | — | Free |
Balearic Islands | 17.28€ | 17.49€ | 19.24€ | 28.69€ | 32.99€ | 39.29€ | 44.31€ | 51.81€ | — | Free |
You can see the details of the shipping costs in the purchase process.
For orders destined for Ceuta, Melilla, the Spanish islands or a country of the European Union other than Spain, refer to the contact form or send an email to botiga@olivera.org.
Return – Right of withdrawal
Return
En els casos en els quals l’Usuari adquireix productes en o a través del Lloc web del titular, li assisteixen una sèrie de drets, tal com s’enumeren i descriuen a continuació:
Right of withdrawal
Product purchase
In accordance with the current consumer regulations,the right of withdrawal does not apply to the contracting of products that are perishable.. Examples of perishable products: dairy products such as cheeses, yogurts, fresh meats, fruits and vegetables, cooked foods, sausages, fish and shellfish, etc.
For thosenon-perishable products, the withdrawal period of 14 calendar days provided for distance contracts will apply.. Examples of non-perishable products are packaged or hermetic products, jams, preserves, honey, olives, olive oil, vinegar, canned tuna, etc.
Subscriptions:
In the case of subscriptions, as it is a contract for the periodic delivery of goods for a specified period, the User may withdraw from any subscription within a maximum period of 14 canlendar days from the day the User or a third party indicated by him, other than the contracted carrier, acquires physical possession of the first of these goods.
- In the quarterly subscription, the User may cancel within a maximum period of 14 calendar days from the day on which the User or a third party indicated by him, receives the first subscription. Each time a quarterly subscription is renewed, the User’s right of withdrawal is renewed identically.
In order to comply with the withdrawal period, the communication relating to the exercise of this right by the user must be sent before the corresponding period expires.
The withdrawal will imply that you, from the effective possession of the product, have 14 calendar days to notify us of your decision to withdraw from the contract through an unequivocal statement, such as, for example, sending a communication via e-mail to botiga@olivera.org We recommend using the following form. The use of this form does not limit the withdrawal rights of the User.
Form:
I hereby notify that I withdraw from my sales contract for the following good/provision or service:
(*) Order number: _________________________________________
(*) Contact name: __________________________________________
(*) Contact email: _________________________________________
(*) Telephone contact: ________________________________________
(*) User address: _________________________________________
(*) Description (indicate the product(s) to be returned): ____________
___________________________________________________________
(*) Date: _____________________________________________________
(*) Signature of the consumer/user (only if this form is submitted on paper): ________________________
(*) Required fields
This form must be sent to L’OLIVERA, S.C.C.L. botiga@olivera.org
Consequences of withdrawal:
Once the period of 14 calendar days has expired, no refunds will be accepted due to withdrawal.
Shipping costs for returns will be borne by the customer. The refund of the amount will be made in the same way that the payment of the order was made.
Only non-perishable products that are in perfect condition will be accepted for return and must be returned properly protected, in their original packaging, in perfect condition, unsealed, with no signs of having been opened, with all accessories and the invoice.
Once the products have been received, if any type of manipulation, damage or sign is detected that would suggest that the product has been opened, modified, altered or there is a risk of this, the product in question will be immediately returned to the customer by cash on delivery, assuming the user covers the shipping costs.
The right of withdrawal requires that the user send the product as it was received, unused and with its original packaging, in such a way that its deterioration during transport is not possible, with the client bearing responsibility for any possible damage during transport.
Once the articles have been examined and verified, L’OLIVERA, S.C.C.L. will proceed to refund the amount in the same way that the payment was made within a period not exceeding 14 days from the date of receipt of the products. Returns will be processed on business days, Monday through Friday. Returns made on national, regional and local holidays will be processed the day after the holiday in question.
L’Usuari reconeix saber que existeixen excepcions al dret de desistiment, tal com es recull en l’article 103 del Reial decret legislatiu 1/2007, de 16 de novembre, pel qual s’aprova el text refós de la Llei General per a la Defensa dels Consumidors i Usuaris i altres lleis complementàries. De manera enunciativa, i no exhaustiva, aquest seria el cas de: béns confeccionats conforme a les especificacions del consumidor i usuari o clarament personalitzats, el subministrament de béns que puguin deteriorar-se o caducar amb rapidesa, el subministrament de béns precintats que no siguin aptes per a ser retornats per raons de protecció de la salut o d’higiene i que hagin estat desprecintats després del lliurament, el subministrament de béns que després del seu lliurament i tenint en compte la seva naturalesa s’hagin barrejat de manera indissociable amb altres béns.
Return of products in poor condition, claim for damage or lack of product
These are the cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they will contact L’OLIVERA SCCL. immediately to explain the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period if the refund or replacement is applicable. The refund or replacement of the product will be made as soon as possible and within 14 days of the date on which an email is sent confirming that the refund or replacement of the non-conforming item is proceeding. The amount paid for those products that are returned due to a defect will be reimbursed in full, including the shipping costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase. The rights recognised in the legislation for the User, as a consumer and user, will always be respected.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products acquired through this website in the terms legally established for each type of product. In the case of a contract for the sale of goods or the supply of content or digital services provided in a single act or in a series of individual acts, OLIVERA SCCL will be responsible for any lack of conformity that exists at the time of delivery or supply and manifest within three years from delivery in the case of goods, or two years in the case of digital content or services, without prejudice to the provisions of article 115, section 2 a ) and b).
It is understood that the products comply with the contract as long as: they conform to the description made by L’OLIVERA SCCL and possess the qualities presented therein; are suitable for the uses to which products of the same type are normally intended, and present the usual quality and benefits of a product of the same type and which can reasonably be expected from it. When this is not the case with respect to the products delivered to the user, the latter must proceed as indicated in the “Return of defective products or error in shipment” section. However, some of the products sold on the website have non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and they will not be considered defective.
In the case of the User purchasing a product from a brand or manufactured by a third party on the website, when it is impossible for the User or it is an excessive burden for him to address the employer due to the lack of conformity, the User also has the possibility of contacting the responsible brand or manufacturer of the product to find out how to exercise their right of legal guarantee during the three years following the delivery of these products. For this, the User must have kept all the information related to the guarantee of the products.
PARTIAL NULLITY
If any part of these Terms of Service is unlawful and therefore invalid, the other provisions of law will not be affected. The parties undertake to renegotiate those points of the service conditions that are null and to incorporate them into the rest of the service conditions.
MODIFICATION OF THE GENERAL CONDITIONS OF SALE
The company reserves the right to modify the general conditions of sale without prior notice, being able to change, delete or add both the content services that are presented through it and the way in which they are presented.
The general conditions of purchase must be accepted by the user each time a purchase is made through the website.
In the event that some of the terms of the general conditions of sale are declared integral or not opposable by a judicial decision, the rest of the provisions will remain in force.
Per a totes les preguntes que l’Usuari pugui tenir en relació amb les Condicions pot posar-se en contacte amb el titular utilitzant les dades de contacte facilitades més amunt o, en el seu cas, utilitzant el formulari de contacte.
APPLICABLE LAW AND JURISDICTION
This website is located and operated in Spain. All issues related to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals in Spain, without the principles of conflicts of law being applicable.
In those cases in which the client does not have the status of consumer or user, or who is domiciled outside of Spain, they will submit to the Courts and Tribunals of Lleida, expressly waiving any other jurisdiction that may correspond.
If the user decides to use or consult this site outside of Spain, they must bear in mind that they do so on their own initiative, and that they are responsible for compliance with the relevant laws.
This contract will enter into force and will have full effect from the moment the client or user accepts it.
This contract and, therefore, the general conditions that it incorporates, in addition to being read on this website, can be stored, archived and reproduced by usual electronic or computer means.
COMPLAINTS AND CLAIMS
The User can send their complaints, claims or other comments to the Company through the contact information provided at the beginning of these Conditions (General Information). In addition, the Company has official complaint forms available to consumers and users, which can be requested from the Company at any time, using the contact information provided at the beginning of these Conditions (General Information). Likewise, if a dispute arises from the conclusion of this purchase contract between the Company and the User, the User, as a consumer, may request an out-of-court dispute settlement, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters. You can access this method via the website http://ec.europa.eu/consumers/odr/.