1. General information

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website: www.ovillova.com, owned by Lidia Sánchez-Brunete, with NIF 50907473D, hereinafter the PROVIDER. This document and other related documents are accessible on the website for consultation.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice, the Cookies Policy, and the Privacy and Data Protection Policy of www.ovillova.com. 

By using this Website or by making and/or requesting the purchase of a product through it, the User agrees to be bound by these Conditions and by all of the above, and therefore, if he/she does not agree with all of the above, he/she should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, as those in force at the time the purchase of products is requested will be applicable.

For any questions that the User may have in relation to the Conditions, he/she may contact the owner using the contact details provided.

The information on the conditions of purchase and navigation on the website are written in Spanish and English. They are permanently available to be printed or saved.

Identity of the contracting parties

On the one hand, the supplier of the goods or services contracted by the USER is Lidia Sánchez-Brunete, with fiscal address at Plaza de Esàña, 6, 45870 Lillo (Toledo), NIF 50907473D and customer service telephone number 684406201.

And on the other hand, the USER, registered on the website by means of a user name and password, for which he/she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER. 

Purchase as a guest

This website also allows the purchase through the guest purchase functionality. In this type of purchase, you will only be asked for the data necessary to process your order.

Once the purchase process has been completed, you will be offered the possibility of registering as a user or continuing as an unregistered user.

2. User

Acceptance of this document implies that the USER:

  • Has read, understands and comprehends what is set out herein.
  • Is a person with sufficient capacity to contract.
  • Assumes all the obligations set forth herein. 
  • The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

To make use of this Website only to make enquiries and legally valid purchases or acquisitions.

Not to make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.

Provide truthful and lawful contact details, e.g. email address, postal address and/or other details (see Legal Notice).

The User declares that he/she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

The Website is primarily and for the time being addressed to Users residing in Spain. The PROVIDER makes no representation that the Website complies with the laws of other countries, either in whole or in part. The PROVIDER disclaims any liability that may arise from such access. 

3. Contractual procedure

These conditions will be valid for an indefinite period of time and will be applicable to all purchases made through the PROVIDER’s website.

The PROVIDER informs that the merchant is responsible for and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

It is understood that the activity carried out by the PROVIDER through the Website includes: the sale and marketing of yarn and other fibres, as well as fabrics, dyed by hand, as well as sewn or woven products made with said raw material. 

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship that arises between the PROVIDER and the USER when the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

 4. Purchase or acquisition process

To proceed with the purchase of the product, the User must select the product he/she wishes to buy and add it to the Cart. Once the selection of products for purchase has been completed, the User must click on the “Cart” icon. The products selected for purchase will then be displayed and the User must select from among the available options for the delivery of the products to the address indicated and the method of payment for them.

The data provided to the PROVIDER through the corresponding form are identifiers for accessing and making purchases and are personal and non-transferable.

Subsequently, the User will receive an e-mail confirming that the PROVIDER has received his/her order or purchase request, i.e. the order confirmation. Where appropriate, this information may also be made available to the User via his or her personal space connected to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice which the User may download via his or her personal space connected to the Website. Likewise, the User may, if he/she so wishes, obtain a paper copy of his/her invoice by sending a request to [email protected] or by using the contact spaces on the Website.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale concerning the product in question and which are shown next to the presentation or, where appropriate, image of the product on its page on the Website, indicating, by way of example, but not exhaustively, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, and acknowledges that the placing of the purchase order constitutes full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Web Site may be filed and kept in the computerised records of Ovillova in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force in this respect that are applicable, and particularly in compliance with the current regulations on data protection and the rights of the Users in accordance with the Privacy Policy of this Web Site, Legal Notice and General Conditions of Use.

Availability

All purchase orders received by the PROVIDER through the Website are subject to the availability of the products and/or that no circumstance or force majeure affects the supply of the products and/or the provision of the services. Our stock is updated periodically, but this does not allow us to guarantee that the product you select is not out of stock.

In the event of difficulties in the supply of products or if there are no products in stock, the PROVIDER undertakes to contact the User and reimburse any amount that may have been paid by way of payment.

5. Price and validity period of the offer

The prices indicated for each product in Euros (€) include Value Added Tax (VAT).

The prices do not include certain applicable taxes that may have to be paid by the customer for shipping purposes. Ovillova.com cannot determine in advance which taxes will be applicable, as this will depend on the place from which the order is contracted. Once the customer has entered this information in the appropriate form, the customer will be shown the information regarding the taxes to be paid.

These prices, unless expressly stated otherwise, do not include the costs of shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed.

Any payment made to the PROVIDER will result in the issuance of an invoice in the name of the registered USER or the company name that the USER provided at the time of placing the order. This invoice can be downloaded from the USER’s personal space once the USER has created an account on this website. 

For any information about the order, the USER may contact the PROVIDER’s customer service telephone number, +34684406201 or via e-mail at [email protected]

If, for any reason, the PROVIDER is unable to meet the delivery date, it will contact the USER to inform him/her of this circumstance and the USER may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. 

 6. Transport costs

The prices do not include shipping or communication costs, nor do they include installation or complementary services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the time of saving the basket or quotation, as they are calculated according to the weight of the products and the delivery address.

7. Payment methods, charges and discounts

The PROVIDER offers the following payment methods: Bank transfer, Bizum, credit card (Stripe), PayPal, Klarna (payment in three months without interest) and Google Pay.

It is possible to apply, at the time of purchase, discount coupons that may be held by the User. Discount coupons may be offered when subscribing to our Newsletter or by virtue of specific offers that will be announced on the website and communicated to subscribers, the validity of which will correspond to that expressly indicated in each communication.

Any modification of the discount policy is subject to the will of Ovillova.com.

Refund of amounts

In the event of a refund, it will be made in the same form of payment in which the order was placed.

Payment security

This website uses all means to ensure the confidentiality and security of the payment details transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

8. Dispatch of orders

The PROVIDER will not ship any order until it has verified that payment has been made.

The shipment of goods will usually be made by express or standard courier through the companies SEUR or DHL in the case of international shipments, according to the destination and timeframe freely designated by the USER.

Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a material breach. In the event that the PROVIDER has not delivered the goods 15 days after the agreed delivery date, the client will be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

The delivery time is usually between 24 hours and 5 working days, depending on the destination town and the chosen method of payment. These delivery times will be increased in the case of international deliveries. This term is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete information provided by the USER.

Delivery will be considered to have been made when the carrier has placed the products at the disposal of the USER or the USER’s delegate. 

It is the responsibility of the USER to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to be followed to carry out this download.

DELIVERY

If it is impossible to deliver the order due to the User’s absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it redelivered.

For deliveries within the national territory, in the event that 30 days have elapsed since the order is available for delivery, and it has not been delivered for reasons attributable to the User, the PROVIDER will understand that the User wishes to withdraw from the purchase. As a consequence, all payments received from the User will be refunded, with the exception of delivery costs, costs arising from the cancellation of the purchase and additional costs resulting from the User’s own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered to be terminated.

However, the User must bear in mind that the transport resulting from the termination may have an additional cost that may be charged to the User.

For the purposes of these Conditions, it shall be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of the receipt of the order at the agreed delivery address.

9. Right of withdrawal

The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects in the product or service, both online and offline.

The USER has a period of fourteen calendar days from the date of receipt of the product to return it (article 71 of Law 3/2014 of 27 March). Unless the return is made due to defects in the product, the shipping costs will be borne by the USER. The product must be returned in perfect condition.

The right of withdrawal may not be applied in the following cases:

When they are personalised products or those, which for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right.

All returns must be communicated to the PROVIDER by e-mail to [email protected], indicating the invoice or order number.

The USER shall send the product to the PROVIDER, indicating this number on the letter of dispatch, with the transport costs at the address of Ovillova – Lidia Sánchez-Brunete, Plaza de España, 6 – 45870 Lillo (TOLEDO).

10. Complaints

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and can be made at the following contact addresses:

Postal: Calle del Sol S/N (in front of 13) 45870 Lillo (Toledo)

Telephone: 687956365

Mail: [email protected]

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

11.  Force majeure

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

12. Jurisdiction

The USER may not assign, transfer or transfer the rights, responsibilities and obligations contracted in the sale.

Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way.

The USER declares that he/she has read, knows and accepts these General Conditions in their entirety.

13. Generalities of the offer

All sales and deliveries made by the PROVIDER are subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of OVILLOVA, EVERY DAY YOU DYE MORE stipulated herein shall have any effect, unless expressly agreed in writing signed by the PROVIDER, in which case these particular agreements shall prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, as long as it does not affect the value of the products offered. These modifications shall also apply in the event that, for whatever reason, the possibility of supplying the products offered is affected.

14. Taxes

Value Added Tax and invoicing

In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in European Union territory except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

For orders destined for the Canary Islands, Ceuta and Melilla, or out of EU, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. 

The User expressly authorises the invoice to be issued in electronic format, although he/she may at any time indicate his/her wish to receive an invoice in paper format, in which case the invoice will be issued and sent in this format.

15. Applicable warranties

All products offered through the website are completely original, unless otherwise stated in their description. They all have a warranty period of three years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

16. Guarantees and returns

The guarantees of the products offered will respond to the following articles based on Law 23/2003 of 10 July on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract.

1. Unless proven otherwise, it shall be understood that the products are in conformity with the contract provided that they meet all the requirements set out below, unless, due to the circumstances of the case, any of them are not applicable:

(a) they conform to the description given 

b) They are suitable for the uses to which products of the same type are ordinarily put.

c) Are suitable for any special use required by the client when the PROVIDER has informed the PROVIDER at the time of the conclusion of the contract, provided that the PROVIDER has accepted that the product is suitable for this use.

d) They present the usual quality and performance of a product of the same type that the client can reasonably expect, taking into account the nature of the product and, if applicable, the descriptions of the specific characteristics of the products made at www.ovillova.com.

e) The PROVIDER describes the details, technical characteristics and includes photographs of the products. Due to the processing of the photographs and the different resolutions of the computer screens, the real colour of the balls may differ from that of the website. In addition, as they are handmade products, they will never be exactly the same as those in the photographs and neither will they be exactly the same as each other, so this will not be grounds for a claim, although they may be returned if the USER so wishes, at the USER’s own expense. 

II) LIABILITY OF THE PROVIDER

The PROVIDER shall be liable to the USER for any lack of conformity at the time of delivery of the product. The PROVIDER acknowledges the USER the right to replacement, price reduction and termination of the contract.

III) Repair and replacement of products

  1. If the product is not in conformity with the contract, the USER may choose to demand its replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs the PROVIDER of the option chosen, both parties must comply. This decision by the USER is without prejudice to the provisions of article IV below for cases in which the replacement fails to bring the product into conformity with the contract.
  2. Any form of remedy that imposes costs on the PROVIDER that, in comparison with the alternative form of remedy, are unreasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered disproportionate.

IV) Rules for product substitution

  1. Replacement shall be subject to the following rules:

a) They shall be free of charge for the USER. This free of charge shall include the necessary expenses incurred to remedy the lack of conformity of the products with the contract, especially shipping costs, as well as costs related to labour and materials.

b) They shall be carried out within a reasonable period of time and without major inconvenience for the user, taking into account the nature of the products and the purpose for which they were intended by the USER.

c) The replacement suspends the periods referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall be applicable to the replacement product.

d) If the replacement fails to bring the product into conformity with the contract, the USER may demand a price reduction or termination of the contract under the terms of Articles V and VI.

e) The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.

V) Price reduction and termination of the contract

  1. The price reduction and termination of the contract shall take place, at the USER’s choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been carried out within a reasonable time or without major inconvenience to the USER. The termination shall not be applicable when the lack of conformity is of minor importance.

VI) Criteria for price reduction

  1. The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product actually delivered had at the time of delivery.
  2. VII) Deadlines
  3. The PROVIDER shall be liable for any lack of conformity that becomes apparent within three years of delivery. 
  4. In the absence of proof to the contrary, it shall be presumed that any lack of conformity that becomes apparent within two years of delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
  5. In the absence of proof to the contrary, delivery shall be deemed to have taken place on the day shown on the invoice or purchase label, or on the corresponding delivery note if this is later.
  6. The action to claim compliance with the provisions of the previous articles prescribes five years after the delivery of the product.
  7. Unless there is evidence to the contrary, it will be understood that the USER’s communication has taken place within the established period.

17. Exemption from liability

Unless otherwise provided by law, the PROVIDER accepts no liability for the following losses, regardless of their origin: any losses that are not attributable to any breach on its part, business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was concluded between both parties. Likewise, the PROVIDER also limits its liability in the following cases:

The PROVIDER applies all measures concerning to provide a faithful visualisation of the product on the Website, however, it is not responsible for differences or inaccuracies that may exist due to lack of screen resolution, or problems of the browser being used or others of this nature.

The PROVIDER will act with the maximum diligence in order to make available to the company in charge of the transport the product that is the object of the purchase order. However, the PROVIDER shall not be liable for damages arising from transport malfunctions, especially for causes such as strikes, road delays and, in general, any other causes typical of the sector, which result in delays, loss or theft of the product.

Technical failures which, due to fortuitous or other causes, prevent the normal operation of the service via the Internet. Lack of availability of the Website due to maintenance or other reasons, which prevents the availability of the service. The PROVIDER makes every effort to carry out the process of purchase, payment and shipment/delivery of the products, however, the PROVIDER disclaims any liability for causes that are not attributable to it, fortuitous events or force majeure.

The PROVIDER shall not be liable for the misuse of the products that have been used by the User. At the same time, the PROVIDER shall not be held responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

In general, the PROVIDER shall not be liable for any failure or delay in the fulfilment of any of the obligations assumed, when such failure or delay is due to events beyond our reasonable control, i.e. due to force majeure, which may include, but is not limited to, the following

Strikes, lockouts or other industrial action.

Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

State of alarm/emergency, confinement due to epidemic or pandemic.

Fire, explosion, storm, flood, flood, earthquake, subsidence, epidemic or any other natural disaster.

Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.

Impossibility of using public or private telecommunications systems.

Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and the PROVIDER will have an extension in the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. The PROVIDER will use all reasonable means to find a solution that allows us to fulfil our obligations despite the cause of force majeure.

18. Written communications and notices

By using this Website, the User accepts that most of the communications with the PROVIDER will be electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent electronically by the PROVIDER comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law to the User.

The User may send notifications and/or communicate with the PROVIDER through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, the PROVIDER may contact and/or notify the User by e-mail or at the postal address provided.

19. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish law in all matters not expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions to the courts and tribunals of the USER’s domicile. In the event that the USER is domiciled outside Spain, the PROVIDER and the USER expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the town of LILLO (Spain).

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