APPLICATION
The present general sales conditions set down the seller's and buyer's rights, the establishment of an order implying the acceptance of these conditions by both parties s well as acceptance of the Personal Data Protection clause. These conditions will be applied unless a diferent contractual agreement is reached between the two parties. The buyer will have different Sales Conditions depending if it is a Consumer or a Wholesaler.
These Terms and Conditions are subject to changes; therefore, you should read them before placing each of your orders.
If you require help or have any question, you can contact our Customer Service Department on the phone number listed in the Web site.
GENERAL TERMS AND CONDITIONS APPLICABLE TO THE CONSUMER
USE OF OUT WEB SITE
You hereby declare that, at the moment of placing your order, you have read and fully
A) You will use the Web site solely to place legally valid orders.
B) You will not be able to place a speculative, false or fraudulent order. If we have reasonable motives to believe that such an order has been placed, we will be authorized to nullify it.
C) You are also bound to provide the truthful and correct e-mail address, postal address and other contact information, and agree to our use of this information to contact you if necessary (see our Privacy Policy in the “Legal Notice” section and the various notes therein.)
D) If you do not provide all the information we need, your order will not be processed.
At the time of placing an order in this Web site, you guarantee you are over 18 years old and that have the legal capacity to execute legally binding agreement. It is possible to execute an agreement on behalf of a third party, provided that you are legally authorized to do so.
HOW DO YOU EXECUTE THE AGREEMENT
This information and the details contained in this Web site do not constitute a sales offer but rather an invitation to do business. An agreement between you and our company regarding any item(s) herein shall not be executed until your order has been expressly accepted by us. If your request is not accepted and a charge has already been made to your account, the full amount will be reimbursed.
To place an order you should follow the on-line buying procedure and click on “AUTHORIZE PAYMENT.” Once this is done, you’ll receive an e-mail acknowledging we have received you order (“Order Confirmation”). Take note that this does not mean your order has been accepted; as such order constitutes an offer you are making to buy one or more items from us. Each and every order is subject to our acceptance. We will send you a confirmation of such acceptance through an e-mail saying that your order is being shipped (“SHIPPING CONFIRMATION”). The Agreement to buy an item shall be executed between you and our company when we send you the “Shipping Confirmation.”
Only the items listed in the “Shipping Confirmation” will be stipulated in the Agreement. We are not bound to provide any other item that might have been ordered separately until we send you an independent “Shipping Confirmation.”
PRODUCT AVAILABILITY
Each and every order is subject to product availability and if there is any shipping difficulty or stock shortage, we will refund any amount you might have paid.
DENIAL TO PROCESS AN ORDER
We reserve the right to remove any item from this Web site at any moment and/or eliminate or modify any material or content.
Even though we will always do our best to process each and every order, there can be exceptional circumstances that may lead to reject processing an order after having send the “Order Confirmation;” furthermore, we reserve the right to this denial at any time and at our sole discretion.
We shall not be held responsible before you or any third party for having removed any item(s) from this Web site, whether the item(s) has been sold or not; nor shall we be held responsible for removing or amending any material or content in this Web site; nor for denying to process an order after having sent the “Order Confirmation.”
RIGHT TO WITH DRAW
Under Directive 2011/83 / EU of 25 October 2011 on consumer rights, the consumer shall have a period of 14 calendar days to withdraw from a distance contract and exercise their right of withdrawal.
It is not necessary to give any reason to exercise the right of withdrawal. It will not apply any penalty.
For product orders, the period starts at the time when goods are received. For orders of service, the period begins at the time the offer is accepted.
Exceptions
Attention! There are some exceptions:
Under Directive 2011/83 / EU of 25 October 2011 on consumer rights, the right of withdrawal may not be exercised for the type of product detailed below. Thus, no refunds of such products may be made.
- Service contracts after the service has been fully performed if the performance has begun, with the express consent of the consumer and the recognition on their part that is aware that, once the contract has been fully executed by the merchant he has lost his right of withdrawal
- The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the trader can not control and which may occur during the withdrawal period;
- The supply of goods made to the consumer's specifications or clearly personalized;
- The supply of goods that are liable to deteriorate or expire rapidly (eg food and liquid products);
- The supply of sealed goods which are not suitable to be returned for reasons of protection of health or hygiene and which were unsealed after delivery;
- The supply of goods after delivery and taking into account their nature are mixed inseparably with other goods;
- The supply of alcoholic beverages whose price has been agreed at the time of signing the contract of sale and that can not be delivered within 30 days, and the actual value depends on fluctuations in the market which the trader can not control;
- The provision of sound recordings or video sealed or sealed computer software which were unsealed by the consumer after delivery;
- The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
- The provision of accommodation for serving purposes other than housing, transportation of goods, car rental, food or recreation-related services if the contract provides for a date or a specific implementation period;
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and knowledge on his part that consequently loses his right of withdrawal
If you have registered as a consumer, you will be able to withdraw from the Purchase Agreement at any time within 7 calendar days as of the day of receiving your “Shipping Confirmation.” In such case, the whole price paid for the item(s) will be refunded in accordance with our Returns Policy.
Your right to withdraw from the Purchase Agreement will be applicable exclusively to those item returned in the same conditions as when shipped. No refund shall be made if the item(s) have been worn or damaged.
You will not be able to with draw from the Purchase Agreement if the order if for underwear.
DELIVERY
Unless extraordinary circumstances may arise, we shall try to send the items listed in the “Shipping Confirmation” before the delivery date stated therein or if no delivery date has been specified, within 15 days as of the date of the “Shipping Confirmation”.
A delay may be due to unforeseen circunstances.
If for any reason we cannot deliver on the stipulated date, we will inform you of such circumstance and give you the option of going ahead with the purchase establishing a new delivery date or cancelling the order and getting a full refund.
In any case, keep in mind that delivery will be done Monday through Friday and there are no deliveries on holidays.
For the purpose of this Agreement, the item(s) will be considered delivered when the customer signs for the delivery upon reception at the agreed address.
UNDELIVERABLE
If delivery is not possible after two attempts and you fail to contact us to agree on a delivery date, the item(s) will be returned to our headquarters.
PRICE AND PAYMENT
The price of the item(s) will be the one stipulated in our Web site, unless there is manifest error. In spite of the fact we make sure each and every price shown in the Web site is correct, there might be errors. If we detect an error in the price of the items you have ordered, we will inform you ASAP and give you the option to re-confirm your order at the correct price or cancel it. If we are not able to contact you, the order will be deemed to be cancelled and you will be refunded in full for the amount you might have paid.
We shall not be obliged to provide the item(s) at an inferior incorrect price (even if we have sent you the “Shipping Confirmation”) if the price error is obvious and unmistakable and you might have been able to reasonably detect it as an incorrect price.
Web site prices include VAT but exclude shipping costs, which will be added to the total amount due.
Prices are liable to change at any time, but (except as provided above) changes will not affect orders for which we have already sent you a “Shipping Confirmation.”
Once you have completed your purchase, all the items you wish to buy will have been added to your “BASKET” and the next step will be to process the order and make the payment.
You will be able to pay through PayPal or bank transfer. Once the order has been confirmed, the user will have to provide the information to make the bank transfer.
Credit cards will be subject to verifications and authorization by the card issuer. However, if the card issuer does not authorize the payment, we will not be liable for any delay or non-delivery and we shall not be able to enter into any Contract with you.
VALUE ADDED TAX
In accordance with regulations in force, each and every purchase made through the Web site shall be subject to Value Added Tax (VAT).
RETURNS POLICY
Returns made exercising the right to withdraw from the purchase:
If you wish to withdraw from the Purchase Agreement within the term established in the “Right to Withdraw from the Purchase” clause, you will have to send us the merchandise in its original packaging and in perfect conditions. The customer will cover all the expenses derived from returning the merchandise and we will not accept the return if the item(s) are not received in perfect conditions.
If you have taken advantage of a promotion to save on shipping costs when making your purchase, the money will be refunded at the time of return, except for the shipping costs that were not applied.
Returns of defective items:
If an item is damaged or defective at the time of arrival or it does not conform to what was stipulated in the Agreement, you should contact us immediately through our contact form. In the form you will be asked to provide the item(s) information and describe the damage. You can also call our Customer Service Department, where we will tell you how to proceed.
You will get a full refund for amounts paid for products returned due to verifiable defects or flaws, this includes shipping costs incurred. The refund will be made onto the same payment form used to pay for the purchase.
INTELLECTUAL PROPERTY
You hereby acknowledge and agree that all copyrights, registered brands and other intellectual and industrial property rights on the materials and content which are part of the Web site correspond to us at all times or to those who grant us license for its use. You will be able to use said material only in the way we or those who grant us the license of usage expressly authorize. This will not prevent you from using this Web site to the necessary extends to copy the information regarding your order or contact information.
WRITTEN COMMUNICATION
Applicable regulations require that part of the information or communication we send you is done in writing. By using this Web site, you agree to the fact that most of the communication between you and our company will be done by electronic mans. We will contact you via e-mail or provide you information by posting notices on this Web site.
For the purpose of this Agreement, you agree to use this electronic means of communication and acknowledge that any agreement, notification, information and other types of notices we sent you electronically abide by the legal requirement of being in writing. The present condition does not affect the rights you have by Law.
NOTIFICATIONS
Any notification you send us shall be done preferably through our contact form. In accordance to clause 16 and unless stated otherwise, we shall send you notices either to the e-mail address or postal address you provided when placing an order.
EVENTS BEYOND OUR CONTROL
We shall not be liable for any default or delay in performing some of the obligations undertaken in this Agreement for reasons owing to events beyond our reasonable control (Force Majeure).
Events of Force Majeure shall include any act, occurrence, default in performing, omission or accident that is beyond our reasonable control and shall include, but shall not be limited to the following:
A) Strikes, lock-outs or other labour actions
B) Civil unrest, upheavals, invasions, terrorist attacks or threats
C) Fires, explosions, storms, floods, earthquakes, sinking, epidemics or any natural disaster
D) The impossibility to use trains, vessels, airplanes, motorize transportation or other means of public or private transportation
E) The impossibility to use public or private telecommunication systems
F) Government Acts, decrees, legislation, regulations or restriction
It shall be understood that our obligation to perform an Agreement shall be suspended during the period of time the event of Force Majeure lasts and we shall have an extension of the time we have to perform our obligation as long as the event continues.
We shall take all reasonable steps to make the event of Force Majeure end or to find a solution to allow us to perform our obligation as per this Agreement in spite of the event of Force Majeure
WAIVER
If in the duration of an Agreement we fail to insist on the strict fulfilment of any of the obligations incurred therein or in any of the conditions herein, or if we fail to exercise any right or remedy to which we are entitle as per said Agreement or in this conditions, this shall not represent a waiver to said right or remedy nor shall it acquit you from fulfilling said obligations.
Failure to demand fulfilment under this agreement does not constitute a waiver to demand subsequent performance.
Any waiver on our behalf to any of the condition herein shall not take effect unless it is expressly stipulated that it is in fact a waiver and you are given written notice in accordance to the above section on Notifications.
Governing Law and Jurisdiction
Purchase agreements for items in our Web site are governed by and shall be construed in accordance with the laws of Spain.
Any controversy arising out of or in connection with said Purchase Agreements shall submit to the exclusive jurisdiction of the Courts of the city of Linares, Jaen in Spain.
GENERAL TERMS AND CONDITIONS APPLICABLE TO THE WHOLESALER
CONTRACT CONDITIONS
Any order accepted by the seller will be considered as firm and definitive. A. LEYVA, S.A. is authorized, even after order confirmation, to deliver a smaller quantity for reasons beyond its control.
PARTIAL DELIVERIES
Partial deliveries are acceptable.
DELIVERY DATES
Delivery dates and all other dates are given as an indication. A delay can never be invoked as a reason for cancelation of the order and does not give right to compensation.
DAMAGES AND LOSSES DURING TRANSPORT
See the INCOTERMS conditions specified on the order. Should they not be specified, the shipment is considered to be EXWORKS, and the goods will be transported at the risk of the buyer. In case of damage, theft, total or partial loss, it is up to the buyer to make claims to the forwarding agent within the time limit fixed by law and to take any legal or other action.
CLAIMS
Claims for defective goods would only be accepted if previously communicated A. LEYVA, S.A. in writing within a period of ten days after delivery date.
RETURNS
Returns would only be accepted if previously communicated to A. LEYVA, S.A. in writing within the stipulated terms accepted by the seller. All returns have to be in the same conditions, packing, labels, etc and through A. LEYVA, S.A.'s transport agent.
PRICES
The price of the products for sale is expressed in Euros. Prices do not include shipping costs.
PAYMENT CONDITIONS
The basis for calculations of the due date is the invoice date. Please refer to the payment conditions specified on the invoice itself.
DELAY IN PAYMENT
The delay in payment will result in:
–The immediate claim of all the current debts, including any costs for returned goods, bank charges, or document costs.
–The right of A. LEYVA, S.A. to cancel the current orders at any time or to stop deliveries at our option until the date of the reception of the funds in Spain. In this case, the buyer must accept goods not delivered even if delivery date is over.
UNPAID INVOICES
In case of unpaid invoices, the buyer will be obliged to pay to A. LEYVA, S.A. the due amount and the legal interest beared by the debt quantity.
AGENTS
Commercial agents agreements will be valid only when accepted in writing by A. LEYVA, S.A.
REPRODUCTIONS OF MODELS
According to the law, the buyer shall not reproduce, totally o partially, the models that he will have bought or seen. He shall not transmit to third parties information that would allow total o partial reproduction of these models.
Products that are delivered to a shop shall not, unless seller's agreement, be displayed or sold in other shops. The buyer shall not give these products, in whatsoever manner, to any retailer, wholesaler or semi-wholesaler or generally speaking to any distribution channel or even to an authorised distributor, unless seller's agreement.
CANCELATION OF AN ORDER
A. LEYVA, S.A. is authorized to cancel an order, even after sending the order confirmation, if its sources of financial and commercial information give a negative report of the buyer or if the buyer is not up to date in the payments to A. LEYVA, S.A.. Once the order is accepted and signed buy the buyer total or partial cancellation of the order will not be accepted.
RESERVATION OF OWNERSHIP CLAUSE
Property of the goods shall pass to the buyer only when the payment is made in full by the buyer. Till then, the buyer will assume at his own expenses all risks and responsibilities, including those of force majeure. As a consequence of such clause, the merchandise must be restituted immediately to us by simple claim. Should it be necessary A. LEYVA, S.A. is hereafter authorized.
LITIGATIONS OR LEGAL DISPUTES
In case of litigation, the sole competent court will be the Court of Linares, Jaen, Spain.