WEB TERMS AND CONDITIONS
The present Specific Conditions of Contracting, hereinafter “CPC” present on our website, regulate the terms and conditions of access and use of lidaria.com, (see details in Legal Notice) hereinafter LIDARIA, which the User of the Portal must read and accept in order to use all the services and information provided through the portal.
In any case, the user declares that he/she is of legal age, has full capacity to act, knows how to read and fully understands all the clauses included in these general conditions of use. In the event of being a minor, he or she may not use the Portal without the prior consent of his or her parents or guardians.
The User, as well as LIDARIA, may be referred to jointly as the Parties or each one separately as the Party. The mere access and/or use of the Portal, of all or part of its contents and/or services means the full acceptance of these CPCs. The provision and use of the Portal is understood to be subject to strict compliance with the terms set out herein.
The following CPCs apply to the use of this website and describe the legal responsibilities between LIDARIA and the User By placing an order in our online shop, you confirm that you have read, understood and accepted these CPCs. These CPCs have been drawn up and displayed in good time, in accordance with the legislation in force.
www.lidaria.com is an e-commerce website owned by:
- Company name: IBERIAN QUALITY FOODS, S.L., (hereinafter, LIDARIA).
- CIF: B40609232
- Address: C/ DOCTOR SERRANO, 1-13, 46006, VALENCIA, VALENCIA.
- Telephone: (+34) 632 56 47 29
- Email: firstname.lastname@example.org
The Parties agree that the following terms have the meanings set out below
The Portal: The website located at the following Internet address: lidaria.com, as well as any subdomain or extension thereof.
User: A person who accesses the Portal and/or uses the accessible services or information.
3. INFORMATION AND SERVICES
The Portal offers access to product and/or service information as is, and does not provide any equipment, material or service to access it. For the correct access and use of certain information and services, the User must download certain programs onto his or her equipment.
The Portal does not intervene in the creation of those contents and/or services provided or supplied by third parties in and/or through the Portal, in the same way that it does not control their legality. In any case, it does not offer any kind of guarantee on them. The User acknowledges that the Portal is not and shall not be responsible for the contents and/or services provided or supplied by third parties in and/or through the Portal. The User accepts that the Portal will not assume any responsibility for any damage or harm caused as a result of the use of this information or services by third parties.
There are certain contents, data, information and services that, in order to access them, the User must pay a fee. In these cases, the Portal will inform the User beforehand.
5. OBLIGATIONS OF THE USER
The User must at all times respect the terms and conditions established in these CPCs. The User expressly declares that he or she will use the Portal diligently and assumes any responsibility that may arise from the breach of the rules.
The User undertakes not to use the information and services offered from the Portal for taking decisions with economic implications, as he or she knows that such information and services are not updated and may contain errors or mistakes. Likewise, in those cases where data or information is requested, the User undertakes not to falsify his/her identity by pretending to be someone else. The User accepts that the use of the Portal will be carried out for strictly personal, private and particular purposes. The User may not use the Portal for activities that are contrary to the Law, morality and public order, as well as for purposes that are prohibited or that infringe or injure the rights of third parties. Likewise, the dissemination, storage and/or management of data or contents that infringe the rights of third parties or any regulations governing intellectual or industrial property rights is prohibited.
The User shall not use the Portal to carry out acts that support, incite or promote;
- Illegal or criminal acts, denigrating, defamatory, discriminatory for reasons of sex, race, religion, beliefs.
- Violent, pornographic, degrading acts and/or in any way contrary to morality, good manners.
Likewise, the User may not use the Portal to transmit, store, divulge, promote or distribute data or contents that carry viruses or any other computer code, files or programs designed to interrupt, destroy or damage the operation of any computer or telecommunications equipment or program.
The User shall not use the Portal to send advertising that has not been authorised by the recipient.
The User undertakes to indemnify and hold the Portal harmless for any damage, harm, penalty, fine or indemnification that the Portal has to pay, as well as, including the fees of lawyers and/or solicitors, or any third party, arising from the User’s failure to comply with these General Conditions.
6. AVAILABILITY OF THE INFORMATION AND SERVICES OF THE PORTAL
The Portal does not guarantee the continuous and permanent availability of the services, thus being exonerated from any responsibility for possible damages caused as a consequence of the lack of availability of the service due to force majeure or errors in the telematic networks for data transfer, beyond its control, or due to disconnections made for improvement or maintenance work on the equipment and computer systems. In these cases, the Portal will make its best efforts to give 24 hours notice of the interruption. The Portal shall not be liable for the interruption, suspension or termination of the information or services. Likewise, it shall not be liable for any omissions, loss of information, data, configurations, improper access or breach of confidentiality arising from technical problems, communications or human omissions, caused by third parties or not attributable to the Portal. Nor shall it be liable for damage caused by computer attacks or caused by viruses that affect computer programs, communications systems or equipment used by the Portal, but manufactured or provided by a third party. The Portal may, at its sole discretion, refuse, withdraw, suspend and/or block access to information and services at any time and without prior notice to those Users who do not comply with these rules.
7. RESPONSIBILITY OF THE PORTAL
The User knows and accepts that the Portal does not grant any guarantee of any nature, whether express or implicit, on the data, contents, information and services that are incorporated and offered from the Portal. Except in cases where the Law expressly requires otherwise, and exclusively to the extent and to the extent that it is imposed, the Portal does not guarantee or assume any responsibility whatsoever for any possible damages caused by the use and utilization of the information, data and services of the Portal.
In any case, the Portal excludes any responsibility for damages that may be due to the information, products and/or services provided or supplied by third parties other than the Company. All responsibility will be that of the third party whether it is a supplier, collaborator or other.
8. DETAILS OF THE OFFER. COVERAGE, INFORMATION AND GUARANTEES
In order to place an order through the Website, the User must be of legal age (18 years or older) and must be the End User. Minors are expressly excluded.
All the contents of the www.lidaria.com website are the exclusive property of LIDARIA, including, without limitation, reproductions of the articles, graphic design, logos, images, texts, illustrations, photographs, brands and other distinctive signs, in any of the programming languages used or usable, as well as all the operating and development software of the website. The reproduction, distribution, communication to the public, making available to the public, transformation, transfer and any other act or form of exploitation, in any online or offline format that has not been authorised by the owner of the exploitation rights, are expressly prohibited.
The delivery time varies according to the brand and product, and is indicated inside each of our files. As we work with products from all over the world, LIDARIA cannot be held responsible for delays caused by transport companies or complications in production. However, LIDARIA will provide all types of information on a timely basis, relating to delivery times and possible delays. Likewise, there is the possibility of variations in delivery days during the summer season or temporary factory breaks, typical of public holidays, which will be informed during the order process or in the subsequent confirmation of the status.
COVERAGE OF THE OFFER
The products offered and / or services are distributed in mainland Spain and the Balearic Islands, if you need to place an order from the Canary Islands, Ceuta, Melilla or another country you can contact us through the contact form.
INFORMATION AND DATA
LIDARIA reserves the right to modify the contents, products or services marketed from the website, as well as the commercial offers presented at any time.
LIDARIA makes every effort within its means to offer the information contained on the website in a truthful manner and without typographical errors. Should any error of this type occur at any time, which is beyond the control of LIDARIA, it will be corrected immediately. If there is a typographical error in any of the prices shown and a User has made a purchase decision based on this error, LIDARIA will inform the User of this error and the User will have the right to cancel the purchase without any cost on their part.
LIDARIA is not responsible either directly or indirectly for any of the information, contents, statements and expressions contained in the products and/or services marketed by LIDARIA. This responsibility lies at all times with the manufacturers, producers or distributors of these products. The User understands that LIDARIA is a mere intermediary between him/her and said manufacturer or distributor.
Each product is accompanied by the following data:
- Name of the article.
- Images of the article.
- Description of the article.
- Reference number.
- Delivery time.
- Price (VAT included).
- Customization of the product.
LIDARIA has made an effort to show the colours, shapes and textures of the products as close to reality as possible. However, the colour of the products shown on the screen may be subject to variations depending on the quality of the computer monitor. In this respect, LIDARIA cannot guarantee that the colours appearing on your monitor are a faithful match to reality.
Special offers, promotions or discounts will be valid until the date indicated or until stocks run out. As a general rule, discounts cannot be accumulated with those of other promotions unless otherwise indicated during the purchase process.
We hereby provide you with a summary of the purchasing process on our website.
- Items to be purchased must be selected and added to the shopping cart by clicking on the corresponding “Add to Cart” button.
- The shopping cart will contain the reference of the selected item, its name, photograph, unit price, quantity and price (taxes included, not including shipping or assembly or handling costs). In the shopping cart, the User must indicate where the product is to be sent and choose the shipping method. The shipping costs (and in the case of assembly) will depend on the place selected for delivery.
- Once the purchase order has been completed, and before the order is sent, a summary will be presented identifying the item(s) purchased, their total price (including taxes) and the delivery details. The transport of the same one, will be able to appear or not in the summary of the order. In both options, LIDARIA will inform you of this during the purchase process. The order must be confirmed by clicking on the “Buy” button, which will be enabled once the general sales conditions have been accepted.
- The payment methods for purchases will be by credit or debit card, PayPal or bank transfer to the account indicated in the order confirmation email. In order to identify the owner of the order, it is very important that in the SENDER or ORDERER field you indicate your name, or the name of the person making the payment by transfer. In the “SUBJECT” you must indicate the order number, assigned by the Website. No other forms of payment will be accepted. For payments by credit or debit card, the charge will be made online, i.e. in real time, through the secure payment gateway once the data provided has been verified as correct.
- Once the transaction has been confirmed, the order number will be communicated on the website.
- An email will also be sent, with a description of the order and the personal data that has been communicated. The non-reception of this message may be due to some transitory communications problem on the network or to a writing error in the e-mail address communicated. In both cases, it is advisable to contact LIDARIA.
All orders for products are subject to availability and, in this regard, if there are difficulties in supplying them, or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If you do not wish to order such replacement products, we will refund any amount you may have paid.
REFUSAL TO PROCESS AN ORDER
LIDARIA reserves the right to withdraw any product and/or service from this website at any time and/or to remove or modify any material or content from it. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after sending the order confirmation.
We will not be liable to you or to any third party for the removal of any product from this website, whether or not that product has been sold, or for the removal or modification of any material or content on the website.
CURRENCY AND TAXES
The prices on this website are shown in Euros. The User will always know the price and characteristics of the items offered prior to their purchase, these being detailed and determined on this website. Prices in Euros include VAT.
FORM OF PAYMENT AND SECURITY
In order to provide maximum security to the payment system, LIDARIA uses the Verified by VISA, Mastercard Securecode secure payment gateway. In this way, confidential payment data is transmitted directly and in encrypted form (SSL) to the corresponding financial institution.
For payment by Visa and MasterCard, LIDARIA only accepts CES (Secure Electronic Commerce) transactions with the international 3D Secure protocol. Secure Electronic Commerce is an initiative whose basic principle is to guarantee security in Internet transactions. When you make a payment through the secure payment gateway, the system will automatically verify that the credit card is activated for Secure Electronic Commerce. It will then connect to the bank that issued the card, which will request that it authorises the operation by means of a personal authentication code. The operation will only be carried out if the credit card issuing bank confirms the authentication code. Otherwise, the transaction will be rejected.
METHOD OF SHIPMENT AND DELIVERY OF THE PRODUCT
In the event that the User chooses transport and delivery at street level, the transport of the purchased items will be carried out through the transport service contracted by LIDARIA and detailed in the purchase process or in a link on the Website. The estimated delivery time is that indicated at the time of purchase. In order to avoid delivery incidents (wrong addresses, inability to find someone at home, etc.), it is essential to fill in the corresponding form by also filling in the box relating to the contact telephone number.
The delivery costs depend on the destination of the product and will be indicated before the purchase is made. Transport is free (with delivery at street level) in Spain Peninsula for purchases over 50 ?.
Transport costs will be quoted during the purchase process, as well as free transport for some European countries excluding islands or territories that are difficult to access. In this case, the order will be subject to a personalised estimate including the best transport quote, which will be sent to the User for approval. If the quotation is not accepted, LIDARIA will proceed with the full refund of the amount paid and cancel the order immediately.
If we do not have stock, the maximum waiting period is 30 days from the confirmation of the order.
LIDARIA will make every effort to ensure that deliveries are made correctly. In the event that deliveries cannot be made due to access difficulties, the User will be responsible for both the outward and return journeys. They must notify any details to facilitate delivery.
Prices do not include assembly for items that require it.
The material is delivered fully packed and protected inside its box. If for any reason you order the unpacking of it before its final destination, any damage caused will be out of our responsibility. The delivery times shown on the website are for guidance only and will be detailed during communications between LIDARIA and the User.
Delivery will be made by LIDARIA or a third party on behalf of LIDARIA to the address indicated by the User on the purchase form, unless the User chooses a different method of Home Delivery. The User assumes the risk of deterioration, damage and loss of the products from the moment the products have been made available to him/her in accordance with this clause. In the event that the products are damaged due to transport, the User must indicate the anomalies on the carrier’s delivery note, and it is highly advisable to provide graphic proof by means of a photo or video. In this case, LIDARIA will initiate a process of analysis and investigation into the traceability of the product from its origin to its destination, in order to clarify the causes and, if appropriate, repair or replace the defective products as soon as possible. The lack of observations by the User at the time of delivery is equivalent to their full conformity with the products received.
In general, unless expressly provided otherwise, all products are guaranteed against manufacturing defects for a period of one (1) year in accordance with the law. To claim the guarantee, the presentation of the purchase invoice is required, which will be included in the shipment of your order. The guarantee does not cover displacements, nor defects caused by blows, scratches, improper use or normal wear and tear of materials.
USER RIGHTS AND RETURN POLICY
LIDARIA does not guarantee users the availability or delivery time of the products offered on the website, except for those products where a specific guarantee or availability is expressly mentioned (products in stock).
LIDARIA guarantees its Users the possibility of cancelling their order from stock at any time and at no cost, provided that the cancellation is communicated before the order has been prepared and made available to the carrier for shipment, with the exception of items ordered to order.
The User shall have a period of 30 calendar days from the date of delivery of the order to terminate the contract and return the product purchased. The date of the receipt certifying the delivery shall serve for the purposes of calculating the 30 calendar day period referred to in this clause. The User shall notify LIDARIA within the stipulated period and by any means permitted by law, of his or her wish to exercise the right to terminate the contract. The returned order must be delivered together with the delivery note and invoice issued to LIDARIA at the address shown on the Website or through the link in Legal Notice.
Returns will be accepted for those products that are broken due to transport reasons, for which the User will have to make a note of this on the carrier’s own checkbook at the time of receipt, if he or she notices that the article may be damaged (glass) or the packaging is deteriorated.
The company will reimburse the corresponding amount (excluding shipping and customs handling costs for said shipment) without undue delay and, in any case, before 3 calendar days have passed since the product arrived at our facilities.
The User may return any item purchased from the LIDARIA online shop as long as it is a stock product (delivery 2-4 days) and the products have not been opened or used and retain their original seal or packaging.
LIDARIA will return the amount paid minus the corresponding transport costs to the User within a maximum period of 30 working days following receipt of the product in our warehouse, provided that the product was received by LIDARIA under the conditions set out in the previous paragraph. In the event that the returned products have any damage, the User must compensate LIDARIA for the amount corresponding to such damage, deducting this amount from the amount to be reimbursed to the User as a result of the return. The refund of the purchase amount will be made through the means of payment by which the User would have made the purchase. In cases where payment has been made by bank transfer, the refund will be made to the account indicated by the User.
IMPORTANT: By exception, the right of withdrawal will not be applicable in the following cases: In the case of products such as personalised products, which have been expressly made at the request of the User and when they are ordered by order.
If a product other than that requested by the User is delivered due to an error on the part of LIDARIA, it will be withdrawn and the correct product will be delivered at no additional charge to the User. For any incident related to the return of articles from our Website, you can contact the User Service Department by e-mail: email@example.com (Monday to Friday, working days from 9am to 5pm).
The LIDARIA User undertakes to provide true information at all times about the data requested on the user registration or order forms, and to keep them updated at all times.
The User accepts these general conditions contained in this contract.
The applicable regulations require that some of the information or communications we send you be in writing. By using this website, the User accepts that most of the communications with LIDARIA will be electronic. For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition will not affect your rights under the law.
LIDARIA, will provide the User with an identifier and a password (as the case may be, chosen by him). The User undertakes to keep his/her personal access codes confidential and with the utmost diligence.
Notifications that you send us should be sent exclusively through our contact form or by e-mail: firstname.lastname@example.org
Notifications shall be deemed to have been received and correctly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent. To prove that the notification has been made, it will be sufficient to prove that the e-mail was sent to the e-mail address specified by the recipient.
EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in the performance of any of our obligations under a Contract caused by events beyond our reasonable control (“Force Majeure”).
Force Majeure” shall include any act, event, failure to perform, omission or accident that is beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation of war.
- Fire, explosion, storm, flood, earthquake, subsidence, health epidemic or pandemic or any other natural disaster.
- Impossibility of the use of 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 other governments
- Strike, failure or accident of maritime or river transport, postal or any other type of transport.
It will be understood that our obligation to comply with any Contract will be suspended during the period in which the “Force Majeure Cause” continues, and we will have an extension of time to comply with our obligation for the duration of such period. We shall use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can fulfil our obligations under the Contract despite the Force Majeure Event.
PRESERVATION AND FILING OF TRANSACTIONS
The archiving of the transactions made is carried out on a reliable, durable support and with all the RGPD security measures on the LIDARIA server.
At LIDARIA you can make purchases 365 days a year, 24 hours a day, as long as the technical means allow. It is thus exonerated from any responsibility for possible damages caused as a result of the unavailability of the Website. In these cases, LIDARIA will make its best efforts to give 24 hours notice of the interruption of https://lidaria.com/ and will not be liable for the interruption, suspension or termination of the online shop service.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These CPCs are subject to Spanish legislation, therefore, sales operations will be understood to be carried out at the tax domicile of LIDARIA. In the event of any conflict or discrepancy, the competent jurisdiction will be that established by Spanish legislation in its law on consumers and users.
Nullity and ineffectiveness of the clauses: If any clause included in these CPCs were to be declared, totally or partially, null or ineffective, such nullity or ineffectiveness will only affect that provision or the part of it that is null or ineffective, with the rest of these general conditions remaining in force, with such provision being considered, totally or partially, as not included.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send us your comments and suggestions via our contact form.