GENERAL TERMS AND CONDITIONS

This document, together with all documents mentioned herein, establishes the conditions governing use of this website (www.lovatandgreen.com) and the purchase of products therein (hereafter, the “Terms and Conditions”). Please read these Terms and Conditions, our cookie policy and our privacy policy (which together form the “Data Protection Policies”) carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms and Conditions and by our Data Protection Policies. If you do not consent to all the Terms and Conditions and the Data Protection Policies, you must therefore refrain from using this website.

These Terms and Conditions may be amended. It is your responsibility to read them regularly, since the Terms and Conditions currently in force at the time of placing orders, or if no order is made, at the time of using the website, shall apply. Should you have any questions regarding the Terms and Conditions or Data Protection Policies, you can contact us at info@lovatandgreen.com or by phoning +34 944 714 828

The contract may be made, at your choice, in any of the languages in which the Terms and Conditions are made available on this website.

 Identity of the parties

Of the one part, the provider of the services contracted by the user is LOVAT&GREEN S.L., with registered address at Calle Ercilla 21, 48009 Bilbao, Spain and bearing tax identification code ESB95608493, registered in the Companies Register (Registro Mercantil) of Vizcaya/Bizkaia, Volume 5130, Page 93, Section 8, Sheet BI-56559 (hereinafter LOVAT&GREEN) and of the other part, the user, who may register on the website with a username and password, for the use and custody of which he/she has full responsibility, and who is fully responsible for any personal data provided to the provider, including the information provided on credit cards or others means of payment used during the contracting process.

Purpose of the Contract

The purpose of this contract is to regulate the contractual sales relationship between the provider and the user at such time as the user accepts the online contractual process by ticking the corresponding checkbox.

The contractual relationship entails delivery, in exchange for a given price, publicly set out via the website, of a specific product or service.

Purchase procedure

The products displayed for sale on this website are offered for sale throughout the world.

The purchase procedure may be performed in Spanish or English. Once the purchase process has commenced, it must be completed in the same language in which it was begun.

The user has the option of registering on the website by creating a user account and password which shall enable him/her to save information on purchases, delivery address, etc. For said purpose, the user shall provide all required personal data freely and voluntarily.

The user shall select a username and password, undertaking to make diligent use thereof, and not to make them available to any third party, and to inform the service provider of loss or theft thereof or of any possible access by any unauthorized third party, in order that said third party may immediately be blocked.

The user may not select as his/her user name words whose purpose is to cause others to mistakenly identify it as the name of the provider, nor may he/she offensively use defamatory expressions or in general, expressions that in breach of law or the requirements of morals and decency.

Once the user account has been created, in accordance with the requirements of Art. 27 of the 2002 Information Society and Electronic Commerce Services Act (Ley 34/2002), the contracting procedure shall follow the steps below:

  1. Order Summary. This shall contain a breakdown of the requested products and services, where quantities of each item can be modified or even deleted. It shall include unit and total prices and a breakdown of taxes. 2. User Login or Register Should the user choose to register and has not previously done so, confirmation of registration shall be sent to the e-mail address shown in the registration process, upon completion of the first purchase. 3. Delivery and billing address. The delivery and billing addresses associated with the registered user are displayed and can be edited if so desired. 4. Payment method. Any one of the available payment methods should be selected. In the case of secure electronic payment methods, such as credit card payments, the user may be directed to a secure site or external payment gateway for secure payment. 5. Order Confirmation. Once the order has been confirmed, an email will be sent to the user’s email address containing all the details of the order.

The provider’s contracting platform shall in all cases inform the user by email, once the contract process has been completed, of the characteristics, price, payment method, shipping and billing address and contract date.

 

Price, taxes and payment methods

Prices shown for all LOVAT&GREEN products are in euros (€) and include Value Added Tax (VAT). Purchases made from the Canary Islands, Ceuta and Melilla shall incur no VAT at the time of ordering; the recipient must pay any required customs duties upon collecting the goods.

For purchases made from any European Union country, VAT shall be added to the intra-community delivery made unless the recipient provides an intra-community VAT number.

Purchases made from any other third country shall not incur tax, as exports. In such cases, the recipient must pay any required customs duties upon collecting the goods.

Any additional charges related to shipping or the payment method will be shown in the order summary before payment is made.

The applicable prices for each product will be shown on the website and applied automatically in the last stage of the contracting process. The customer accepts that some prices may vary in real time. Any such change will be previously made known to users.

Any payment made to the provider will result in the issuing of an invoice in the name of the registered user. Used can download such invoices from the “Previous orders” section of the “My Account” section, which users can access after logging in to the system.

LOVAT&GREEN accepts payments by credit or debit card (Visa, Visa Electron, MasterCard, Maestro) and PayPal.

In the case of Visa and MasterCard, payments will be made via the secure payment gateway and the system will automatically verify that the credit card is enabled for Secure Electronic Commerce. It will then contact the issuing bank which will authorisation for the transaction by means of a personal identification code. The transaction will only be completed if the issuing bank confirms the authentication code; otherwise, the transaction will be rejected.

 

Delivery of orders

 

Orders will be delivered to the delivery address freely designated by the user. In no event shall the provider be liable for any unsuccessful delivery resulting from false, inaccurate or incomplete information furnished by the user, or if the delivery cannot be made for reasons beyond the control of the shipping company, such as the absence of the consignee.

Notwithstanding the above, the service provider shall adopt all measures corresponding to a diligent trader to ensure timely delivery. Should this not be possible, delivery shall be made as soon as possible, to the satisfaction of the both the sender and the consignee, for which no liability shall accrue against the provider.

Orders placed in the online store shall be delivered via courier companies: MRW for domestic deliveries and FEDEX for deliveries outside Spain.

Orders will generally be delivered within 2–7 working days from confirmation of the order.

Shipping costs shall be duly itemised in the final sale price. For shipments to the Canary Islands, Ceuta or Melilla and non-EU countries, any customs duties and taxes payable in said territories shall be borne by the end user and shall not be included in the sales price.

Customers should notify LOVAT&GREEN via the email address info@lovatandgreen.com in the event of non-receipt of any orders in excess of 10 business days.

For any other information on orders, users can contact customer service by phone at +34 944 714 828 or via the email specified above.

Upon receiving their orders, customers should ensure that they are fully in order. In the event of any discrepancy or issue with the order, customers should contact LOVAT&GREEN by email, giving their personal details, order number and details of the incident. The provider will contact the user within a maximum of 5 working days to resolve the issue.

 

Returns. Right to cancel

Following receipt of the purchase, if the user is not satisfied with the product, LOVAT&GREEN will allow refunds within fourteen (14) days of the date of receipt, provided the product has not been damaged. LOVAT&GREEN shall not accept the return of damaged items or items without the original packaging unless they are faulty. We only make cash refunds inside the UE.

 

 

For returns, users should first contact us using the CONTACT & CUSTOMER SERVICE FORM in the CONTACT section of our website, entering “Return + [order number]” in the subject line and the reason for the return in the body of the message. Returns may be sent by regular mail (we recommend certified mail or mail with acknowledgment of receipt) to the address provided by LOVAT&GREEN.

All items must be returned in their original packaging.

Upon receiving the product(s), LOVAT&GREEN will verify that they are in good condition and request the bank to reverse the charge on the credit card used if the user has requested a refund.

If LOVAT&GREEN have mistakenly sent an item other than that ordered, the provider, having verified the error, shall resolve the incident by sending the correct product.

 

Claims

No liability for damages shall exist or be accepted (including for damage caused during shipping) unless the user notifies the provider by email or telephone within 7 calendar days from the date of receipt of the products.

No claims shall be entertained, nor shall any liability exist for products differing in quantity or specifications unless the user gives notice by email within 7 days from the date of receipt.

In the case of manufacturers offering support services and warranties, the user accepts the obligation to contact them in the event of any claim.

 

Liability regime

LOVAT&GREEN shall be liable only for any damages suffered by the user as a result of use of the online store when said damages are attributable to wilful misconduct on the part of said company. The user acknowledges and agrees that use of the online store and purchase of products offered therein are at the user’s sole risk and responsibility.

LOVAT&GREEN shall not be held liable for any damage that might result from any of the following, without limitation: (i) Interferences, omissions, interruptions, computer viruses, faults and/or disconnections in the operational functioning of this electronic system or in the user’s computer equipment and apparatuses due to causes unrelated to LOVAT&GREEN that prevent or delay the provision of services or navigation via the system; (ii) Delays or blockages in usage caused by deficiencies or overloads of the Internet or other electronic systems; (iii) Circumstances caused by third parties through illegal intromission outside the control of the store and not attributable to LOVAT&GREEN; (iv) Any discrepancies that might exist in information, documentation and/or other contents of the store between the electronic version and the printed version; (v) The impossibility of providing the service or allowing access for reasons not attributable to LOVAT&GREEN, due to the user, third parties or force majeure.

LOVAT&GREEN shall not monitor the user’s use of the online store. In particular, under no circumstance does it guarantee that users use the service in accordance with law, these general terms and conditions, generally accepted morals and good practice and public order, nor that they do so diligently and prudently.

 

 

Data security and confidentiality

All information provided by users of LOVAT&GREEN shall be used solely for the purposes of processing purchase orders and to facilitate navigation and purchase of LOVAT&GREEN items.

Cookies are small data files hosted on the terminals of visitors to our website which contain certain information regarding their visit. This website uses cookies only to facilitate user navigation; in no case is it possible to associate said cookies with specific personal data nor to use them to identify the user. Nonetheless, if they so wish, users may disable cookies, an option provided by most web browsers.

LOVAT&GREEN guarantees that the information provided by customers will not be shared with third parties or companies.

The data provided will be stored on the LOVAT&GREEN server using the SSL protocol and will be transmitted in encrypted form to ensure confidentiality. The server automatically recognizes the IP address, date and time of entry and exit from the site, and any files downloaded.

All personal data received will be processed in accordance with the Personal Data Protection Act (Ley Orgánica 15/99) of 13 December 1999, and any other regulations currently in force in Spain. Users of this website may at any time access, rectify and remove the data entered in the registration form by writing, by e-mail or regular mail to the following addresses:

LOVAT & GREEN S.L.

Calle Henao 13 – 3ºA

48009 Bilbao – SPAIN

E-mail: info@lovatandgreen.com

 

Applicable warrantees

All products offered in the online store are original, unless otherwise stated.

The colour of the products displayed on the screen may be subject to variation depending on the quality of the user’s monitor. LOVAT&GREEN cannot guarantee that the colour displayed on the user’s monitor faithfully reflect the real colour of the items.

 Intellectual property

All website contents, unless otherwise stated, are the property of the owner of the website or third parties; this stipulation includes, but is not limited to, the graphic design, source code, logos, texts, graphics, illustrations, photographs, and other items displayed on the website. Likewise, all trade names, trademarks or distinctive signs of any kind contained on the website are protected by law. The owner of the website does not grant the user any form of license or authorization for personal use with regard to their intellectual and industrial property rights or any other right related to the website and the services offered therein. The user therefore acknowledges that the reproduction, distribution, marketing, processing, and in general, any other form of exploitation by any procedure, of all or part of the contents of this website is a violation of the intellectual and/or industrial property rights of the owner of the website.

 

 

 

Use of the website

The user undertakes not to make improper use of this website, such as introducing viruses, Trojans, worms, malware or any program harmful to LOVAT&GREEN’s system or attempts to make unauthorised access to the server and databases of LOVAT&GREEN. Any breach of this provision may constitute a criminal offence under current legislation.

By using this website and placing orders through it, you undertake to:

  1. Make use of this website only to make lawful consultations or orders. 2. Not to make any false or fraudulent order. Should it reasonably be construed that an order of this kind has been placed, we shall be authorised to cancel said order and inform the relevant authorities.

iii. Provide us with your e-mail address, postal address and/or other contact information, truthfully and exactly. You also consent to our using this information to contact you if necessary (see our Privacy Policy).

If you do not provide us with all the information we require, we cannot process your order.

By placing an order via this website, you declare that you are aged over 18 years and have full legal capacity to enter into contracts.

 

Notices

The applicable legislation requires that part of the information or notices we send you be in writing. By using this website, you accept that most of said communications with us will be in electronic form. We shall contact you by e-mail or shall provide information by posting notices on this website. For contractual purposes, you consent to use this electronic medium of communication and recognise that any contract, notice, information or other communication we send you by electronic means fulfils the legal requirement of being in writing. This condition does not affect your statutory rights.

For preference, you should use our contact form for any notifications you wish to send us. In accordance with the provisions of the above paragraph and unless otherwise stipulated, we may send you communications to either the e-mail or the postal address you have furnished upon placing an order.

All notices shall be deemed to have been received and to have been correctly made: at the moment of posting them on our website; 24 hours after an e-mail has been sent; or three days from the date of the postmark on any mailed letters. In order to prove that the notice has been made, it shall merely be necessary to prove, in the case of a letter, that the address was correct, that it was properly sealed and that it was duly delivered to the post office or to a post box and in the case of an e-mail, that it was sent to the e-mail address specified by the receiving party.

 

Customer Care Service

Should users have any queries regarding the ONLINE STORE, items, their order, deliveries or returns or wish to send us any other communication or query, they can contact us by sending an e-mail to info@lovatandgreen.com or by using the contact form in the CONTACT section.

 

Applicable law and jurisdiction

All activity performed via the LOVAT&GREEN website is subject to Spanish law, including, inter alia, the Personal Data Protection Act (Ley Orgánica 15/1999) of 13 December 1999; the Information Society and Electronic Commerce Services Act (Ley 34/2002) of July 11 2002, Civil Code; and the Royal Legislative Decree 1/2007 of 16 November 2007, approving the amended text of the General Consumers and Users Act and other complementary laws.

The provider and user agree to submit any dispute that may arise from the provision of products or services that form the subject of these Terms and Conditions to the Courts and Tribunals of Spain.

If the user is domiciled outside Spain, both the provider and the user expressly waive any rights to any other jurisdiction, submitting to the Courts and Tribunals of Spain.