1. GENERAL INFORMATION
The owner of this website, www.lladrobarcelona.com, (hereinafter Website) is: Aurea Arranz Pelayo, with NIF: 36547334N, and whose contact details are:
Plaza de la Hermandad, 1
Contact telephone: 934 23 26 54 / 932 84 41 80
Contact email: email@example.com
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.lladrobarcelona.com) and the purchase or purchase of products and/or services on it (hereinafter, Terms).
For the purposes of these Conditions, the activity that Lladro Barcelona carries out through the Website is understood to include:
Marketing and distribution of goods
In addition to reading these Conditions, before accessing, navigating and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Lladro Barcelona. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and by all of the above, so if he does not agree with all of them, you must not use this Website.
It is also reported that these Terms may be amended. The User is responsible for consulting them each time he accesses, navigates and/or uses the Website as those that are in force at the time the purchase of products and/or services is requested will be applicable.
For all questions that the User may have regarding the Conditions, they may contact the holder using the contact details provided above or, where applicable, using t
2. THE USER
The access, navigation and use of the Website confers the status of user (hereinafter referred to, without distinction, individually as User or jointly as Users), so that they are accepted, from the beginning of the navigation on the Website, all the Conditions set out here, as well as their subsequent modifications, without prejudice to the application of the corresponding binding legal regulations as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:
- Make use of this Website only for legally valid enquiries and purchases or acquisitions.
- Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities informed.
- Provide truthful and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to conclude contracts through this Website.
The User may, at his or her choice, enter into a contract with Lladro Barcelona for the purchase and sale of the products and/or services desired in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website by the means and forms established. They must follow the procedure of purchase and/or online purchase of www.lladrobarcelona.com, during which several products and/or services can be selected and added to the cart, basket or final purchase space and finally click on “Buy now”.
In addition, the User must fill in and/or check the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Lladro Barcelona has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, if applicable, you will also be informed by email when your purchase is being sent. Where appropriate, this information may also be made available to the User through his personal space connecting to the Website.
Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email, and where appropriate, through their personal space of connection to the Website. Likewise, the User can, if he wishes, obtain a copy of his invoice on paper, requesting it to Lladro Barcelona using the contact spaces of the Website or through the contact details provided above.
The User acknowledges being aware, at the time of the purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where appropriate, image thereof on its website page, indicating, but not limited to, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, how they are to be carried out and/or cost of the services; and acknowledges that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly stated otherwise, Lladro Barcelona is not the manufacturer of the products sold or which may be marketed on the Website. Although Lladro Barcelona makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and/or the materials and/or components of the products may contain additional or different information from that appearing on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions that accompany the product.
All purchase orders received by Lladro Barcelona through the Website are subject to the availability of the products and/or to no circumstances or cause of force majeure (clause nine of these Conditions) affects the supply of such services and/or the provision of services. If there are any difficulties regarding the supply of products or if there are no products in stock, Lladro Barcelona undertakes to contact the User and to refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes impracticable.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless by legal requirement, especially with regard to VAT, it is indicated and apply different issue.
However, and unless it is indicated, punctually, the prices of the items offered exclude the shipping costs, which may be incurred, which will be added to the total amount due to the time of managing the shipping procedure by the User, and where the latter will consult the available shipping methods and costs and will freely choose the one that suits him best.
In no case will the Website add additional costs to the price of a product or a service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The payment methods accepted will be: credit or debit card, PayPal, and bank transfer.
Lladro Barcelona uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.
Credit cards shall be subject to checks and authorisations by the banking institution issuing them, if that institution does not authorise payment, Lladro Barcelona will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once Lladro Barcelona receives the purchase order from the User through the Website, a pre-authorisation will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time when the User is sent the confirmation of shipment and/or confirmation of the service provided in form and, where applicable, place established.
If the payment method is Paypal, the charge will be made when Lladro Barcelona sends a confirmation of the purchase order or purchase of products and/or services to the User.
In any case, by clicking on “Buy now” the User confirms that the payment method used is his.
The purchase or acquisition orders in which the User selects as payment means the bank transfer will be reserved for 5 calendar days from the confirmation of the order to be able to leave enough time for the bank transfer to be taken into account by the payment system used by Lladro Barcelona for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
By means of this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Lladro Barcelona will not be able to validate the order, which will be cancelled.
In the cases where the physical delivery of the contracted goods is appropriate, the deliveries will be made in the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.
Except in cases where there are unforeseen or extraordinary circumstances or, where appropriate, resulting from the personalisation of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, not later than 30 calendar days from the date of the order confirmation.
If for any reason, which is attributable to you, Lladro Barcelona could not comply with the delivery date, will contact the User to inform him of this circumstance and, the buyer may choose to proceed with the purchase by setting a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.
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 would leave a notice explaining where the order is and how to make it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Lladro Barcelona to arrange the delivery another day.
In the event that 30 days have elapsed since your order is available for delivery, and has not been delivered for reasons not attributable to Lladro Barcelona, Lladro Barcelona will understand that the User wishes to withdraw from the contract and this will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned to him, with the exception of the additional costs resulting from the User’s own choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, not later than 14 calendar days from the date on which the contract is deemed to have been terminated.
However, the User must bear in mind that the transportation resulting from the resolution may have an additional cost that may be passed on to him.
For the purposes of these Conditions, it shall be understood that the delivery has taken place or that the order has been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of their delivery. The User acquires ownership of the products when Lladro Barcelona receives the full payment of all amounts due in connection with the purchase made, including shipping costs, or at the time of delivery, if this takes place at a time after the full receipt of the amount to be paid by Lladro Barcelona.
In accordance with the provisions of Law 37/1992 of 28 December on Value Added Tax (VAT), purchase orders for delivery and/or service will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canary Islands, Ceuta and Melilla. The rate of VAT applicable shall be that which is legally in force at any time depending on the particular article in question.
In the same vein, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders shall be located for delivery and/or supply, in that Member State of the European Union in which the address in the purchase order is located and, therefore, the VAT applicable shall be that in force in that Member State.
In the case of orders to the Canary Islands, Ceuta and Melilla, deliveries shall be exempt from VAT pursuant to Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User should take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with the current regulations, and that these could run for their part.
For the rest of locations, other than the previous ones, where the purchase orders are located, for their delivery and/or provision will apply the regulations in force at all times; the User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could run for their part. For further information, the User should contact the customs office at destination.
7. TECHNICAL MEANS FOR ERROR CORRECTION
The User is informed that in the event that he detects that an error has occurred when entering data necessary to process his purchase request on the Website, may modify them by contacting Lladro Barcelona through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact details provided in clause 1 (General information). Likewise, this information could also be corrected by the User through his personal space of connection to the Website.
In any case, the User, before clicking on “Buy now”, has access to the space, cart, or basket where they are writing down their purchase requests and can make modifications.
In the cases in which the User purchases products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from such purchase within 14 calendar days without justification.
This withdrawal period shall expire at 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired physical possession of the goods purchased on the Lladro Barcelona Website or in the event that the goods forming part of the order are delivered separately, within 14 calendar days of the day on which the User or a third party authorised by him, other than the carrier, acquired physical possession of the last of those goods which made up the same purchase order, or in the case of a service contract, within 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify Lladro Barcelona of his decision. You can do so, if necessary, through the contact spaces enabled on the Website or through:
Plaza de la Hermandad, 1
Contact telephone number: 934232654
Contact email: firstname.lastname@example.org
The User, regardless of the means he chooses to communicate his decision, must state clearly and unequivocally that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Lladro Barcelona puts at its disposal as part annexed to these Conditions, however, its use is not mandatory.
In order to comply with the withdrawal period, it is sufficient for a communication that unequivocally expresses the decision to withdraw to be sent before the expiry of the withdrawal period.
In case of withdrawal, Lladro Barcelona will refund to the User all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a different shipping modality to the less expensive modality offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Lladro Barcelona is informed of the decision to withdraw by the User.
Lladro Barcelona will refund the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Lladro Barcelona may withhold such reimbursement until it has received the products or items from the purchase, or until the User presents proof of the return of the same, depending on which condition is first met.
The User can return or send the products to Lladro Barcelona at:
Plaza de la Hermandad, 1
Av. Francesc Ferrer i Guarda, 13
It shall do so without undue delay and, in any event, no later than 14 calendar days from the date on which Lladro Barcelona was informed of the withdrawal decision.
The User acknowledges that he must bear the direct cost of returning (transport, delivery) the goods, if any are incurred. In addition, it shall be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary legislation. This would include, but is not limited to: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.
In the same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and their acknowledgement that they are aware that, once the contract has been fully executed by Lladro Barcelona, they will have lost their right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening of the product, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original wrappers, instructions and other documents that may accompany them, as well as a copy of the purchase invoice.
The Model Withdrawal Form can be downloaded at the following link:
Return of defective products or shipping errors
These are all cases in which the User considers that, at the time of delivery, the product does not comply with the terms of the contract or purchase order, and that, therefore, you should contact Lladro Barcelona immediately and let him know the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it actually exists, will be refunded in full, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, it will always be to the rights recognized in the legislation in force at all times for the User, as consumer and user.
The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, in the terms legally established for each type of product, responding Lladro Barcelona, therefore, because of the lack of conformity of the same that is manifest within a period of two years from the delivery of the product.
In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Lladro Barcelona and possess the qualities presented therein; they are suitable for the uses to which the products of the same type are ordinarily destined; and present the usual quality and performance of a product of the same type and which is essentially expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping error. However, some of the products marketed on the Website may have non-homogeneous characteristics provided that they derive from the type of material with which they have been manufactured, and thus form part of the individual appearance of the product, and they won’t be a defect.
On the other hand, it could be the case that the User acquires on the Website a product of a brand or manufacture by a third party. In this case, and considering the User that this is a defective product, the manufacturer also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise its right of legal guarantee directly against them during the two years following the delivery of those products. To do this, the User must have kept all the information regarding the guarantee of the products.
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Lladro Barcelona will not accept any liability for the following losses, regardless of their origin:
- any losses not attributable to any default on its part;
- business losses (including loss of profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred); or
- any other indirect loss which was not reasonably foreseeable by both parties at the time the contract for the sale of the products was concluded between the two parties.
Lladro Barcelona also limits its liability in the following cases:
- Lladro Barcelona applies all measures concerning providing a faithful display of the product on the Website, however is not responsible for the minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser being used or others of this nature.
- Lladro Barcelona will act with the utmost diligence to put at the disposal of the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a transport malfunction, especially for causes such as strikes, roadblocks, and in general any other proper sector, resulting in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Lladro Barcelona puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseen event or force majeure
- Lladro Barcelona will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, Lladro Barcelona will also not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
- In general, Lladro Barcelona will not be responsible for any failure or delay in the fulfilment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, that are due to force majeure, and may include, but not be limited to:
- Strikes, lockouts or other demands.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (whether declared or not) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
- Impossibility of use of trains, ships, aircraft, motor transport or other means of transport, public or private.
- Inability to use 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 Lladro Barcelona will have an extension in time to comply with them for a period equal to the duration of the cause of force majeure. Lladro Barcelona will use all reasonable means to find a solution that will enable it to fulfil its obligations despite force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User accepts that most of the communications with Lladro Barcelona are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Lladro Barcelona sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User may send notifications and/or communicate with Lladro Barcelona through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Also, unless otherwise stated, Lladro Barcelona may contact and/or notify the User in their email or at the postal address provided.
No waiver by Lladro Barcelona of a specific right or legal action or the lack of requirement by Lladro Barcelona of strict compliance by the User with any of its obligations will imply, or a waiver of other rights or actions arising from a contract or the Terms, or exonerate the User from the performance of their obligations.
No waiver by Lladro Barcelona to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Conditions and any document expressly referred to therein constitute the entire agreement between the User and Lladro Barcelona in relation to the object of sale and supersede any other agreement, prior agreement or undertaking agreed orally or in writing by the same parties.
The User and Lladro Barcelona acknowledge that they have consented to the conclusion of a contract without relying on any declaration or promise made by the other party, except for those expressly mentioned in these Conditions.
14. DATA PROTECTION
The information or personal data that the User provides to Lladro Barcelona in the course of a transaction on the Website, will be processed in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided are truthful.
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Lladro Barcelona and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to Lladro Barcelona their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).
In addition, Lladro Barcelona has official complaint sheets available to consumers and users, which they can request from Lladro Barcelona at any time, using the contact details provided at the beginning of these Conditions (General Information).
Also, if the conclusion of this purchase contract between Lladro Barcelona and the User results in a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: 1 July 2021