LEGAL NOTICE – GENERAL CONDITIONS OF USE OF THE PORTAL FOR THE CONTRACTING OF SERVICES AND ONLINE PURCHASE.
- GENERALITIES AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE PORTAL AND OF CONTRACTING
- GENERAL CONDITIONS OF USE OF THE PORTAL
- GENERAL CONDITIONS OF SERVICE CONTRACTING AND ONLINE PURCHASE
- ONLINE DISPUTE RESOLUTION LA VENDITA NATURAL, S.L.
1. GENERAL AND ACCEPTANCE OF THE GENERAL CONDITIONS OF USE OF THE PORTAL AND THE CONTRACTING OF SERVICES AND ON-LINE PURCHASES
1.1. Ownership: LA VENDITA NATURAL, S.L., with its fiscal address at Autovía EX A2, KM 20, de Don Benito (C.P. 06400), Badajoz, Spain, and with C.I.F: B-06443717, is the owner of the trademark LA VENDITA, being this trade specialized in products based on Aloe vera. LA VENDITA NATURAL, S.L. is the owner of the portal, web page or website www.lavendita.es.LA VENDITA NATURAL, S.L., (hereinafter also the “Portal”) and makes it available to those who browse the Internet and enter the Portal (hereinafter also “User/s”), in order to provide information about products, offers and promotions of LA VENDITA NATURAL, S.L. as well as to allow the provision of various services through the Portal, including the purchase of products, offers and promotions. online that will allow Registered Users of the Portal (hereinafter also “Registered User/s”), to purchase from their computer a selection of items from the La Vendita collection. LA VENDITA NATURAL, S.L. is registered in the register of distance selling companies.
1.2. Acceptance: These General Terms and Conditions together with the General Conditions of Use of the Portal defined in Point 2, the General Conditions for Contracting Services and Purchasing. Online defined in Point 3, as well as the Special Conditions that may be established, are intended to regulate both the provision of information and the commercial relations that may arise between LA VENDITA NATURAL, S.L. and the Users of the Portal. Both browsing and the use of any of the services of the Portal, including online shopping, imply the possibility of enjoyment by the User of all the contents that LA VENDITA NATURAL, S.L. offers. However, they also imply that the User accepts without reservations of any kind, each and every one of these General Terms and Conditions, the General Conditions of Use of the Portal and, in the case of contracting a service or making an online purchase, also the General Conditions of Service Contracting and Purchase. Online and Special Conditions that may be applicable, without the need for a conventional signature.
1.3. Validity and Modifications: LA VENDITA NATURAL, S.L. may at any time it deems appropriate and without being obliged to give prior notice, modify the configuration of the Portal, these General Terms and Conditions, the General Conditions of Use of the Portal, as well as the General Conditions for Contracting Services and Purchasing. OnlineThe User may remove, limit or suspend them temporarily or permanently, as well as prevent general access to the Portal, trying to inform through the publication of such modifications in the Portal, through a new wording of this Legal Notice (or in the event that access to the Portal is prevented, they will be published through a replacement of the web page), so that they can be known by the Users before proceeding to use the Portal itself, the services or before the acquisition of the services. online of any goods offered on the Portal, provided that the circumstances do not prevent it.
1.4. Regulatory Framework: General Conditions of Use of the Portal, General Conditions for Contracting Services and Online Purchasing. have been prepared in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons, Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights, Royal Decree 1720/2007 of 21 December; Law 34/2.002, of July 11, Services of the Information Society and Electronic Commerce; in the Law 7/1.998 of April 13 on General Contracting Conditions; in the Royal Decree 1.906/1.999 of December 17, which regulates Telephone or Electronic Contracting with General Conditions, in development of article 5.3 of Law 7/1.998 of April 13 on General Contracting Conditions; in Royal Legislative Decree 1/2.007 of November 16, by which the Revised Text of the General Law of Defense of the Consumers and Users and other complementary Laws is approved; in the Law 7/1.996 of January 15 of January of Ordering of the Retail Trade; in the Law 59/2.003 of December 19, of Electronic Signature, and as many state and/or autonomic legal dispositions turn out to be of application.
1.5. Age: In order to use the Portal, you must be of legal age and have sufficient legal capacity to be bound by these General Terms and Conditions and the General Conditions of Use of the Portal.
1.6. Language: The language of use of the Portal is Spanish.
1.7. Means to Access the Portal: All means and technical requirements of hardware and software needed to access the Portal and the services offered therein shall be the sole responsibility of the User.
1.8. Communications and Claims: For the purposes of any communication or claim that may be necessary between LA VENDITA NATURAL, S.L. and the User, the latter should contact us by e-mail (send a message to email@example.com or by mail to LA VENDITA NATURAL, S.L., at Autovía EX A2, KM 20, de Don Benito (C.P. 06400), Badajoz, Spain. The communications from LA VENDITA NATURAL, S.L. to the User will be carried out in accordance with the data provided by the User when registering in the Portal. The User expressly accepts and for all communications related to the use of the Portal, and/or the contracting of the services offered therein, the use of e-mail as a valid procedure for the remission of such communications, without prejudice that LA VENDITA NATURAL, S.L. may use any other means provided by the user.
1.9. Nullity and Ineffectiveness of the Clauses: If any point, paragraph, provision or clause of these General Conditions, General Conditions of Use of the Portal, General Conditions of Contracting and Online Purchase, or any Special Conditions that were established, were declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only that point, paragraph, provision or clause or part thereof that is null or ineffective, subsisting in all other respects, the rest of the General Conditions of Use of the Portal and will be integrated in accordance with the provisions of the Article 1258 of the Civil Code and the principle of objective good faith, the section, provision or clause or part thereof that is affected, and it may be determined that such point shall be deemed not to have been made, unless, because it is essential to these General Conditions of Use of the Portal, it would affect them in an integral manner.
1.10. Applicable Legislation: The present General Terms and Conditions, General Conditions of Use of the Portal, General Conditions of Contracting and Online Purchase, or any Special Conditions that may be established, shall be governed by Spanish law, which shall be applicable in all matters not provided for in this contract regarding interpretation, validity and execution.
2. GENERAL CONDITIONS OF USE OF THE PORTAL
2.1. These General Conditions of Use of the Portal shall apply both to the promotional activity and the provision of information through the Portal and to the provision of the services offered on the Portal, including online shopping.The same shall apply at all times both for the simple navigation through the Portal, as well as for the purchase of goods and/or the provision of services within the framework of the Portal, although the latter activities shall also be subject to the General Conditions for Contracting Services and Purchasing. Online and to the Special Conditions, if any, that may exist.
2.2. Intellectual and Industrial Property. Prohibition of Hyperlinks : All content displayed on the Portal and in particular, but not limited to, interactive screen designs, image and/or sound files, illustrations, photographs, computer graphics, images, designs, texts, graphics, logos, icons, labels, maps, distinctive signs, trade names, trademarks, drawings, industrial designs, general or specialized information and products and/or services, product sheets, tips, help, questions and answers, FAQ’s, user interface, thesaurus, indexing systems, buttons, frames, banners, software and its different codes, source and object or any other signs susceptible of industrial and/or commercial use are subject to the intellectual and industrial property rights of LA VENDITA NATURAL, S.L. or third parties who have duly authorized their inclusion in the Portal. Under no circumstances shall it be understood that any license is granted or any waiver, transfer, total or partial assignment of said rights is made, nor is any right or expectation of right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express written authorization of LA VENDITA NATURAL, S.L. or of the corresponding owners. Copying, reproduction or publication, in whole or in part, is expressly prohibited without the prior express written authorization of LA VENDITA NATURAL, S.L. or the corresponding owners. The modification, distribution, transmission, transfer of the elements described or the creation of new products or services derived from the information obtained in the Portal is expressly prohibited. No hyperlink may be established to the Portal from any other portal or web page without the express prior written consent of LA VENDITA NATURAL, S.L.. It is also expressly forbidden the publication, transmission, modification or distribution by any means of the elements of the Portal (including software), without the express prior written consent of LA VENDITA NATURAL, S.L.. It is expressly forbidden to circumvent, suppress, modify or manipulate the technical protection devices of the portal or those elements that integrate it.
2.3. Exclusion of Guarantees and Responsibility for the functioning of the Portal: LA VENDITA NATURAL, S.L. does not guarantee the availability and continuity of the functioning of this Portal. LA VENDITA NATURAL, S.L. shall not be held liable for any failure of the Portal or malfunction that prevents the User from continuing to browse, without prejudice to any commitments that LA VENDITA NATURAL, S.L. may have acquired before the failure occurred, for which LA VENDITA NATURAL, S.L. undertakes to respond. In this way, any liability for damages of any nature that may be due to the lack of availability or continuity of the operation of the Portal and its services and the usefulness that users may have attributed to this Portal is absolutely excluded.
LA VENDITA NATURAL, S.L. is not responsible for any damages that may arise from, including but not limited to (i) Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operative functioning of this electronic system or in the apparatuses and computer equipment of the Users, which prevent or delay the provision of the services or the navigation through the System or which, in this case without being caused by or originating from LA VENDITA NATURAL, S.L. cause loss of data or failure in the functioning of the User’s computer system, this risk being expressly assumed by the User when navigating through the Internet; (ii) Delays or blockages in the use caused by deficiencies or overloading of the Internet or other electronic systems; (iii) Problems that may be caused by third parties through illegitimate intromissions that are not attributable to LA VENDITA NATURAL, S.L.; (iv) The divergences in the information, documentation and/or other content of the Portal that may exist between the electronic version and the printed version. In particular, you are warned that the color of the products that appears on the screen may be subject to variations depending on the quality and configuration of your computer monitor, and LA VENDITA NATURAL, S.L. cannot guarantee that the colors that appear on your monitor are true to life; (v) The impossibility of providing the Service or allowing access for reasons not attributable to LA VENDITA NATURAL, S.L., due to the User, third parties, or force majeure. (vi) The differences that may exist in the prices of the articles published in the Portal, since they are prices of the Portal itself, not having to coincide with those existing in the Store visited by the User. (vii) The interpretation of the access map to the Store. (viii) Loss of information of the User that, as a consequence of the use of the Portal or its different elements, may be eventually stored, for any circumstance, either in its computer systems or in the Portal.
LA VENDITA NATURAL, S.L. does not control, in general, the use that Users make of the Portal. In particular, LA VENDITA NATURAL, S.L. does not guarantee under any circumstances that Users use the Portal in accordance with the Law, these General Conditions of Use of the Portal, morality and generally accepted good customs and public order, nor that they do so in a diligent and prudent manner. Likewise, it does not assume any responsibility for the information that the Users themselves, as a consequence of the use of the Portal, may store in the same, nor for the use that other Users may make of such information.
2.4. Obligations of the User: In general, the User is obliged to comply with these General Conditions of Use of the Portal, as well as with the General Conditions of Contracting and Online Purchase. and the Particular Conditions that may be applicable, as well as to comply with the special warnings or instructions for use contained therein or in the Portal and to always act in accordance with the Law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the Portal in any way that may prevent, damage or deteriorate the normal operation of the same, the goods or rights of LA VENDITA NATURAL, S.L., its suppliers, other Users or in general any third party. Any use other than that authorized is expressly prohibited.
Specifically, and without this implying any restriction to the obligation assumed by the User in general in accordance with the previous paragraph, the User undertakes, in the use of the Portal, as well as in the provision of services, including online shopping, to : (i) In the case of registration, the User undertakes to truthfully provide the data provided and to keep them updated; (ii) Not to enter, store or disseminate on or from the Portal, any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, sexual orientation, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and in general the current regulations. ; (iii) Not to introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that may cause damage to the Portal, to any of the Services, or to any of the equipment, systems or networks of LA VENDITA NATURAL, S.L., of any User, of the suppliers of LA VENDITA NATURAL, S.L. or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing the normal operation of the same; (iv) to adequately safeguard the “User Name” and “Password” provided by LA VENDITA NATURAL, S.L. to the Users, as identifying and enabling elements for access to the different services offered in the Portal, undertaking not to transfer their use or to allow access to them by third parties, assuming responsibility for any damages that may arise from an improper use of the same. Likewise, the user agrees to inform LA VENDITA NATURAL, S.L., as soon as possible, of any loss or theft as well as any risk of access to the “User Name” and/or “Password” by a third party; (v) Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for direct marketing purposes or for any other commercial purpose, or to collect or store personal data of third parties; (vi) Not to use false identities, or impersonate others in the use of the Portal or in the use of any of the Portal’s services, including the use of passwords or access codes of third parties or in any other way; (vii) Not to destroy, alter, use for its own use, render useless or damage the data, information, programs or electronic documents of LA VENDITA NATURAL, S.L., its suppliers or third parties; (viii) Not to introduce, store or disseminate through the Portal any content that infringes intellectual property rights, industrial or business secrets of third parties, or in general any content of which it does not hold, in accordance with the law, the right to make it available to third parties.
Viewing and downloading is only authorized for the user’s personal and non-commercial use, and may not be extended to third parties or entities.
2.5. In the event that the introduction of User data is requested, the User is solely responsible for the veracity of the data entered, so that in the case of having provided false or inaccurate data, LA VENDITA NATURAL, S.L. reserves the right to prohibit access to the Portal, without prejudice to legal action it deems appropriate in defense of its interests. LA VENDITA NATURAL, S.L. has no obligation to verify, and does not verify, the identity of the Users, nor the veracity, validity, completeness and/or authenticity of the data that they provide about themselves, or about other Users. ITEM 4 details the policy and regulation of the Portal’s Data Protection.
3. GENERAL CONDITIONS OF CONTRACTING SERVICES AND ONLINE PURCHASE
3.1. As explained in Point 1 (General), these General Terms and Conditions of Service Contracting and Online Purchasing together with the General Conditions of Use of the Portal already described and the Particular Conditions that may be established, shall specifically and expressly regulate the relations arising between LA VENDITA NATURAL, S.L. and the Users who contract the provision of the services or products offered through the Portal by means of the purchase of online. The use and/or the provision of any of the services of the Portal, including the purchase online imply the acceptance as User, without reservations of any kind, to each and every one of the General Conditions of Service Contracting and Purchase. OnlineThe user shall be bound by the General Conditions of Use of the Portal as well as, if applicable, to the Special Conditions that, if applicable, govern the acquisition, all without the need for a conventional signature. LA VENDITA NATURAL, S.L. will make you accept all these General Conditions and in its case Particular, through the action of checking a box by which expressly accepts them, along with a link that leads you to this Legal Notice for complete reading before the referred acceptance.
3.2. Age: In order to contract services and make Online Purchases, you must be of legal age and have sufficient legal capacity to contract and be bound by the General Conditions for Contracting Services and Online Purchases and the Special Conditions, if any, that may exist.
3.3. Language: The language in which the contracts will be formalized will be Spanish.
3.4. LA VENDITA NATURAL, S.L. informs that the procedures to purchase goods and/or obtain the provision of the services offered are those described in the present General Conditions for Contracting Services and Purchasing. Onlineand any other specific information that may be displayed on the screen during navigation. The User declares to know and accept these procedures as necessary to access the products and services offered on the Portal.
3.5. All information provided during the contracting process will be stored by LA VENDITA NATURAL, S.L. so that the User may, upon request made at the contact address established in POINT 1.8, request information regarding the operations carried out by him/her within the mandatory deadlines that are legally established at any given time.
3.6. In order to access the services offered through the Portal, including online shopping, it will be necessary to register. “Register” means to access the Portal by means of a User Name and Password in order to navigate in an identified and individualized way. Therefore, the condition of “Registered User” is acquired every time that the User Name and Password are introduced, losing such condition when leaving the session as Registered User, without prejudice that the User can access the Portal again and introduce his User Name and Password again. The User Name and Password provided to LA VENDITA NATURAL, S.L. are identifying and enabling elements to access the services and are personal and non-transferable. LA VENDITA NATURAL, S.L. reserves the right to cancel the User Name and Password, and prevent a User from registering, and therefore prevent access to the Portal to those Users who misuse the Portal, without prior notice.
3.7. Once you have accessed with your registration data, and to proceed to the use of the different services, the User must follow all the indications and instructions on the screen, filling in the Particular Conditions and other forms established for each service and/or purchase, which will imply the reading and acceptance of the General Conditions of Use of the Portal, of these General Conditions of Service Contracting and Purchase. Online, as well as any applicable Special Conditions.
3.8. Items Offered on the Portal as an Online Shopping Service: The items offered on the Portal are a selection of products from the collection of LA VENDITA NATURAL, S.L.. As they are a selection, they do not have to coincide with the exact offer of products of the physical Store LA VENDITA NATURAL, S.L., and many of the products offered in the Store LA VENDITA NATURAL, S.L. may not be found in the Portal. And vice versa, the same products offered on the Portal may not be found in said Store. Prices and offers do not have to match either.
3.9. Warranty: The items offered meet the requirements of quality, warranty and deadlines according to the nature of each item, always in accordance with current regulations. In those incidents that justify the use of the warranty, the options of repair, replacement of the article, rebate or refund, in the legally established terms, will be available. In order to make the warranty effective, it is essential to present the purchase invoice.
The Warranty does not cover:
- Wear and tear or other consequences of normal aging of the parts.
- Damage caused by misuse.
- Handling by unauthorized or unqualified persons if such specialized intervention is required in accordance with the user manuals.
Under no circumstances will LA VENDITA NATURAL, S.L. accept returns sent freight collect. In the event of any problem related to the Warranty of the articles, LA VENDITA NATURAL, S.L., once the error or defect has been verified, will pay the customer the shipping costs corresponding to the defective or erroneous article, always attending to the appropriate solution in accordance with the current regulations (repair, replacement, discount or return).
In the link Returns and Dismissal clearly explains the procedure to be followed, referring to the provisions of articles 97.1 and Art 102 of R.D.L. 1/2007, which approves the revised text of the General Law for the defense of Consumers and Users and other complementary laws.
Likewise, for any query or claim regarding Warranties, you may contact LA VENDITA NATURAL, S.L. at the addresses indicated in POINT 1.8.
3.10. Schedules. Orders can be placed 24 hours a day, 7 days a week, all year round.
3.11. Territorial Coverage of the Online Purchase Service: The products offered are distributed only in the Spanish peninsular territory and Balearic Islands, except for specific exclusions that are detailed, not carrying out delivery to other places.
3.12. Currency, Taxes and Prices: They are expressed in Euros and include Value Added Tax. Pursuant to what has already been expressed in POINT 2.3, it is hereby stated that the same do not necessarily coincide with those of LA VENDITA NATURAL, S.L. Stores, nor do the prices of said Stores have to coincide with each other, excluding any liability of LA VENDITA NATURAL, S.L. in this regard. The offers and promotions indicated will only be valid during the date indicated in the promotion, regardless of the fact that for technical and/or operational reasons the offer or promotion could not be withdrawn from the Portal even after the offer or promotion has expired.
3.13. Place where the sale operation is carried out: Sales operations shall be understood to be carried out at the LA VENDITA NATURAL, S.L. Store (Highway EX-A2, from Don Benito to Miajadas, exit 20).
3.14. Minimum and Maximum Purchase: There is no minimum purchase. The maximum purchase is €3,000. Users who are interested in making purchases in excess of that amount should contact LA VENDITA NATURAL, S.L. at the address indicated in POINT 1.8, where they will be informed about the different options for making the desired purchase.
3.15. Purchasing Procedure:
The same is reflected in the corresponding section of the Frequently Asked Questions navigation->How to Buy, and the steps indicated there must be followed in detail in order to confirm the purchase. Before paying and confirming the purchase, the shipping costs and delivery time to your address will be indicated.
3.16. Method of Payment: It will be the one indicated in the corresponding section of the navigation.
3.17. Purchase Confirmation: Once an order has been completed and payment has been made, LA VENDITA NATURAL, S.L. will send the User a Purchase Confirmation by e-mail which will include the shipping details, purchase details as well as the sales invoice if requested. Said Confirmation of Purchase implies the correct transaction and payment and therefore formalizes the contracting or purchase (with the condition expressed in point 3.18), there is no contracting if there is no payment and therefore LA VENDITA NATURAL, S.L. does not send said document of Confirmation of Purchase. Therefore, the contract exists from the moment LA VENDITA NATURAL, S.L. sends said document, regardless of whether the User receives it or not for reasons beyond LA VENDITA NATURAL, S.L.’s control. This contracting shall be conditioned, on a suspensive basis, to the confirmation of available stock, as described in the following section.
3.18. Condition Suspensive to the Sale and Purchase Agreement: Stock Availability: Exceptionally it may happen that, in spite of indicating that there is stock available, several simultaneous operations via online, or in the physical store, cause the available stock of a certain item to be exhausted. Therefore, the purchase-sale will not be considered formalized until LA VENDITA NATURAL, S.L. verifies its Stock. Being a very exceptional situation, in the event that there is no stock available, LA VENDITA NATURAL, S.L. will immediately call the customer to propose alternatives, and if these are not to their liking, to reimburse the full amount of the unavailable product, and, if the customer so wishes, of the rest of the products that would form the order. If LA VENDITA NATURAL, S.L. does not contact the customer within two working days after the order has been placed, the sale will have been definitively concluded.
3.19. Shipping: Will be made within 5 working days from order confirmation. The delivery does not include assembly, nor access to difficult or special areas of a house, use of lifting machinery or others, which must be budgeted separately.
It is also necessary to foresee that certain areas of different cities have restricted traffic at certain hours, an aspect about which the User must warn, at the User’s expense if he/she has not done so. No shipments will be made to Military Bases or Barracks or Post Office Boxes.
4. ONLINE DISPUTE RESOLUTION LA VENDITA NATURAL, S.L.
In compliance with Article 14.1 of Regulation (EU) No. 524/2013, via the following link.
you can access the European online dispute resolution platform.