GENERAL TERMS AND CONDITIONS OF SIVINUM
Identity of the contracting parties
On the one hand, the supplier of the goods or services contracted is SIVINUM TREE, SCP, with registered office Passeig de les Mimoses, 15, 08392, Sant Andreu de Llavaneres, (Barcelona) NIF J67265447 and with contact email firstname.lastname@example.org
And on the other hand, the CLIENT, registered on the website through a CLIENT name and password, over which he has full responsibility for use and custody, and is responsible for the accuracy of the personal data provided to SIVINUM.
Object of the contract
The purpose of this contract is to regulate the contractual relationship of sale between SIVINUM and the CLIENT at the moment when the latter accepts the corresponding acceptance box during the online contracting process.
The contractual relationship of purchase involves the delivery, in exchange for a specific price and publicly exposed through the website, of a specific product.
The CLIENT will select a client name and password, pledging to make diligent use of them no longer make them available to third parties and to inform SIVINUM the loss or theft thereof or possible access by an unauthorized third party, so that it proceeds to the immediate blockade.
Once the product budget has been accepted, the CLIENT is informed that, in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will continue the following steps:
1. GENERAL CONTRACTING CLAUSES
Unless otherwise stipulated in writing, the execution of an order to SIVINUM will imply acceptance by the CLIENT of these conditions.
All CLIENT registered to the Website must be at least eighteen (18) years old. In particular, at the time of purchase of special products that require the buyer to be of legal age, an express pronouncement of the CLIENT will be required. SIVINUM disclaims any responsibility in the event that the CLIENT falsifies or commits deception in said statement.
2. SENDING ORDERS
Shipments are made by courier service. The shipping costs include in all cases the Value Added Tax (VAT), but no other tax, duty, fee or surcharge.
Delivery is understood as delivery of the items at the address or address specified by the CLIENT during the process of placing the order, limited as delivery areas above.
SIVINUM delivers the orders to the courier service within a maximum period of 48 -72 hours. In the event that said term must be longer, due to causes arising from lack of stock or similar, SIVINUM will contact the CLIENT to communicate said fact. We are not responsible for possible delivery delays caused by the courier service.
SIVINUM will not send any order until you have verified that the payment has been made.
Shipments to Spain (peninsula) take approximately 24/48 working hours (Monday to Friday) once the payment has been confirmed by the CLIENT. In international shipments the delivery time can be from 4 to 7 working days (from Monday to Friday), depending on the destination and the indicated transport company. Once the package is delivered to the courier service, the Client will receive an SMS or mail with the tracking number of the shipment. We are not responsible for possible delivery delays caused by the courier service.
SIVINUM will not assume any responsibility when the delivery of the product or service does not occur, because the data provided by the CLIENT, false, inaccurate or incomplete.
The delivery will be considered made at the moment in which the carrier has placed the products at the disposal of the CLIENT and the CLIENT, or the delegate thereof, has signed the document of reception of the delivery.
It is up to the CLIENT to verify the products upon receipt and expose all the reservations and claims that may be justified in the delivery receipt document.
In the event that the contract does not entail the physical delivery of any product, being these directly downloaded from the website, SIVINUM will inform the CLIENT beforehand about the procedure to be followed to make this download.
3. RIGHT OF WITHDRAWAL
In case the CLIENT wishes to modify or cancel an order, it may be made within a period of 24 hours, from the issuance of the purchase. To do this, you must send an email to email@example.com with the subject CANCEL / MODIFY ORDER. If these conditions are met, SIVINUM will proceed to the payment of the amount of the shopping basket and shipping costs.
You also have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us at:
SIVINUM TREE S.C.P.
Passeig les Mimoses 15 08392 Sant Andreu de Llavaneres, Spain
of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). We prefer e-mail communications due to a timing issue, but we accept all forms.
You may use the following model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.
The right to cancel does not exist for the following contracts:
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Any claim that the CLIENT considers opportune will be attended in the shortest possible time, being able to realize in the following directions of contact:
Postal: SIVINUM TREE, SCP, Passeig de les Mimoses , 15, Sant Andreu de Llavaneres, (BARCELONA)
We have a claim sheet available to clients, which can be requested by writing to firstname.lastname@example.org
Likewise, any questions, suggestions or comments may be directed to our Customer Service department by email to email@example.com, from Monday to Friday, from 9 a.m. to 7 p.m. (Spanish working time and calendar)
5. GREATER POWER
In the event that, due to circumstances of force majeure, a product is not available after the purchase has been made, SIVINUM will inform the CLIENT by email of the total or, if applicable, partial cancellation of the order. The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the exercise of the right of withdrawal corresponding to the CLIENT in accordance with the provisions of these Conditions. SIVINUM is not responsible for delays in the delivery of orders, or the impossibility of performing them when the cause is due to force majeure event, and therefore, beyond our control. Among other causes, we understand that there is force majeure in the following cases, but without limitation: accidents; strikes riots, threats or terrorist attacks; fire or explosion; meteorological causes or natural disasters such as storm, flood, earthquake, subsidence, epidemic; problems foreign to us in the means of transport or telecommunication systems. As far as possible, once the cause of impossibility or delay is over, SIVINUM will do everything possible to resume its commercial activities and be able to fulfill its obligations and shipments.
The CLIENT may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible, the validity, legality and compliance of the rest will not be affected in any way, nor will they suffer any modification in any way.
The CLIENT declares to have read, know and accept these General Conditions in all their extension.
All sales and deliveries made by SIVINUM shall be deemed subject to these General Conditions.
The prices indicated for each product include the Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping costs (free for Spain from 60 euros and for international shipments from 100 euros), handling, packaging, insurance of shipments or any other services to and annexes to the product or service purchased.
The prices applicable to each product are those published on the website and expressed in the EURO currency. The CLIENT assumes that the economic valuation of some of the products may vary in real time.
Before making the purchase, you can check online all the details of the budget: items, quantities, price, availability, transportation costs, charges, discounts, taxes and the total purchase. Prices may change daily as long as the order is not placed. The products will be sold at the price indicated, and the one that is collected at the moment of the order confirmation by the client is valid.
Any payment made to SIVINUM entails the issuance of an invoice in the name of the registered CLIENT or of the company name that it has informed at the time of placing the order. This invoice will be sent with the purchased product, except that said invoice is sent online through the electronic mail provided by the CLIENT or is available for the CLIENT in the membership account of the same web.
For any information about the order, the CLIENT may contact through email firstname.lastname@example.org
9. TRANSPORTATION COSTS
The prices do not include shipping or communication costs, nor of installation, or complementary services, unless expressly agreed in writing to the contrary.
The postage will be calculated at the moment of saving the basket or budget, since they are calculated by the weight of the products and by the delivery address.
10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS
The forms of payment accepted by SIVINUM are:
PAYPAL / CARD AND STRIPE:
The Client will be taken to the PayPal or Stripe website, taking advantage of its secure payment platform. Once the payment process is completed, you will be redirected back to SIVINUM.
Once in PayPal or Stripe You can pay with Paypal account or credit card under any circumstances accept payment against repayment.
Paypal can retain an amount as a deposit or insurance when trying to make a purchase with the card on the PayPal platform. This amount will reimburse PayPal in about a month. The collection of this amount does not guarantee that the purchase is made.
Only the Bank and PayPal have access to the banking data linked to these means of payment, so that SIVINUM does not know or record this information during the payment transaction or at any other time.
The client can pay the total amount of the purchase by bank transfer to the account number indicated in the order. In this case, once the payment has been received (this process may take 2 or 3 days), SIVINUM will begin the process of preparing and sending the order, as indicated in these conditions. In the case of not being able to wait for the term in which the bank issues the payment, the Client may send the bank transfer receipt to email@example.com, so that SIVINUM can start the shipment preparation process. In any case, the products will always be sent once the amount of the purchase has been received in the SIVINUM account.
In the event that, once the purchase is made with payment by bank transfer, such payment has not been made within 7 days, SIVINUM will cancel the order.
11. PURCHASE PROCESS
To proceed with the purchase of the product, the CLIENT, who must be over eighteen (18) years of age, must select the product that he wishes to buy and add it to the Cart. Once the selection of products to be purchased has been completed, the CLIENT must click on the “Place order” icon. Next, the selected products will be indicated for their purchase and the CLIENT must select among the available options for the shipment of the products to the indicated address and the form of payment. Finally, the CLIENT must click on the “Complete the order” icon.
The data provided to SIVINUM through the corresponding form are identifiers and enablers to access and make purchases and are personal and non-transferable.
12. APPLICABLE WARRANTIES
The guarantees and after-sales services will be governed by Royal Legislative Decree 1/2007 of November 16 that approves the text of the General Law for the Defense of Consumers and CLIENTS. In accordance with this standard, the seller is obliged to deliver to the consumer and CLIENT products that are in accordance with the contract, responding to it of any lack of conformity. The consumer and CLIENT have the right to repair the product, its replacement, the price reduction or the termination of the contract. The legal terms are two years of guarantee duration from the delivery of the product and two months since the CLIENT knows the lack of conformity with the product to communicate it to the seller.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or construed in accordance with Spanish law in matters not expressly established. SIVINUM and the CLIENT agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions of the courts and tribunals of the CLIENT’s domicile.
In the event that the CLIENT is domiciled outside of Spain, SIVINUM and the CLIENT expressly waive any other forum, submitting themselves to the Courts and Tribunals closest to the population of Barcelona (Spain).