TERMS & USE CONDITIONS FOR ANNAROVIRA.COM

1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of items through this website (hereinafter, the “Terms”). Please read through these Terms, our Cookies Policy and our Privacy Policy (together the “Data Protection Policies”) prior to using this website.

By using this website or placing an order through it, you are consenting to be bound by these Terms and our Data Protection Policies. If you do not agree to all of the Terms and the Data Protection Policies, do not use this website. These Terms and the Data Protection Policies may be amended. It is your responsibility to regularly read through them, as the Terms and the Data Protection Policies in force at the time that you use this website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

If you have any questions regarding the data protection policies or the conditions please contact us through our contact ways.

By purchasing any product from this website, you enter into a contract with us on these terms.

2. OUR DETAILS

Sale of items through this website is carried out under BIG WAVE HANALEI, SLU, a spanish company with registered offices at Calle Madrazo, 141, bajo 2ª local izquierdo, registered in Registro Mercantil de Barcelona, al Tomo 45580, Folio 133, Hoja 492546 y CIF B66863325, email address [email protected]

3. YOUR DETAILS AND YOUR VISITS TO THIS WEBSITE

The information or personal details that you provide us with shall be processed pursuant to the Data Protection Policies. By using this website you are consenting to the processing of such information and details and you represent that the whole information or details you have provided us with are true and accurate.

4. USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

  • To use the website exclusively to make legitimate enquiries or orders.
  • Not to make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
  • To provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Data Protection Policies).

If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

5. SERVICE AVAILABILITY

Items offered over this website are only available for delivery to:

  • Spain
  • Peninsular Portugal

6. HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale, but rather an invitation to treat. No contract in respect of any items will exist between us and you until your order has been expressly accepted by us, whether or not funds have been deducted from your account. If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you must follow the online shopping process and click on “Authorise payment” to submit the order. After this, you will receive an email from us confirming receipt of your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted.

Your order constitutes your offer to us to buy one or more items from us. All orders are subject to acceptance by us, and we will confirm this acceptance to you by sending you an email that confirms that the item is being sent (the “Shipping Confirmation”). The contract for the purchase of an item between us (the “Contract”) will only be formed when we send you the Shipping Confirmation. The Contract will relate only to those items whose dispatch we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other items which may have been part of your order, until the dispatch of those items has been confirmed in a separate Shipping Confirmation.

7. MEDIOS TÉCNICOS PARA CORREGIR ERRORES

If you detect that an error occurred when entering your personal data during your registration as a user of this web site, you can modify them in the “My account” section.

In any case, you can correct errors related to the personal data provided during the purchase process to email [email protected], as well as exercise the right of rectification referred to in our privacy policy.

This web page shows windows of confirmation in various sections of the purchasing process that do not allow to continue with the order if data of these sections has not been supplied correctly. This website also provides details of all the items you have added to your cart during the purchase process, in such a way that, before making payment, you can modify the data of your order.

If you detect an error in your order subsequent to the completion of the checkout process, you must be contacted immediately with our customer service, at the above mentioned email address, to remedy the error.

8. AVAILABILITY OF ITEMS

All orders for items are subject to availability and in this regard, in the event of supply difficulties or because items are no longer in stock, we reserve the right to give you information about substitute items of an equal or higher quality and value which you can order. If you do not wish to order the substitute items we will reimburse any monies that you may have paid.

9. DELIVERY

Unless circumstances arising from the personalization of products exist, or unforeseen or extraordinary circumstances arise, we will send you the order consisting of the product(s) listed in each confirmation of shipment in due time in the web page according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of confirmation of order.

If for some reason we could not meet the delivery date, you will be informed and give you the option to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. Please note, in any case, that we do not deliver on Saturday or Sunday.

For purposes of these terms and conditions, “delivery” has occurred or the item(s) have been “delivered” in the moment in which you or a third party indicated by you take possession of the products, which will be credited by the signature on the recepcion of the order at the agreed delivery address.

Shipping policy:

We will be shipping on Mondays and Thursdays. The estimated delivery time is between 24h and 72 h for peninsular Spain. Shipping times can vary depending on causes outside of our responsibility.

10. UNABLE TO DELIVER

If it is impossible to carry out the delivery of your order, we will try to find a safe place to leave it. If we cannot find a safe place, your order will be returned to our studio.

Also, we will leave you a note explaining where your order is, and how to get it to be sent to you again. If you won’t be at the place of delivery at the agreed time, please get in contact with the company responsible for the delivery of your order.

In the event that after 15 days since your order is available for delivery, the order has been undelivered for reasons not imputable to us, we understand that you want to cancel the contract and will consider it resolved. As a result of the resolution of the contract, we will refund you payments received from you, including delivery costs (with the exception of the additional costs resulting from the election of another form of delivery different from the ordinary delivery we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date we consider the contract solved. Please note that transport derived from the resolution may have an additional cost, so we will be authorized to charge you the corresponding costs.

11. TRANSMISSION OF RISK AND PROPERTY

The risks of the products will be yours from the moment of its delivery.

You will acquire the ownership of the products when we receive full payment of all amounts due in connection with them, including shipping, or the time of delivery (as defined in clause 9 above), whichever is the later.

12. PRICE AND PAYMENT

The price of any items will be as stipulated on our website from time to time, except in cases of obvious error. While we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of items you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the items you will receive a full refund.

We are under no obligation to provide the items to you at the incorrect (lower) price (even after we have sent you a Shipping Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an incorrect price.

The prices on this website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Buying Guide. Prices are liable to change at any time, but (other than as set out above) changes will not affect orders in respect of which we have already sent you an Order Confirmation.

Therefore, except as provided above, price adjustments on previous orders are not permitted. Once you have finished shopping, all the items you wish to purchase are added to your basket and your next step will be to go to the checkout process and make payment. To do this, you must follow the steps of the purchase process, completing or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order. There is a detailed description of the purchase process in the Buying Guide. Also, if you are a registered user, a record of all the orders placed by you is available in the “My Account” area.

Payment can be made by Visa and Mastercard.

To minimise the possibility of unauthorised access, your credit card details will be encrypted. By clicking “Authorise payment” you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or the credit voucher card. Credit cards are subject to validation checks and authorisation by your card issuer, but if your card issuer fails to authorise payment to us, we will not be liable for any delay or non-delivery and may not be able to form a contract with you.

13. VALUE ADDED TAX AND INVOICES

In accordance with the provisions of article 68 of the law 37/1992 of 28 December, the value added tax, delivery of items shall be located in the territory of application of VAT Spanish if the delivery address is in the territory Spanish except Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the legally applicable at each time according to the specific article in question.

Orders with destination to the Canary Islands, Ceuta and Melilla, the deliveries will be VAT exempt by application of the provisions of article 21 of law 37/1992, without prejudice to the application of taxes and corresponding duties in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic form, but you can tell us at any time your willingness to receive an invoice on paper, in which case we will issue and send you the invoice in this format.

14. RETURNS POLICY

14.1. Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without justification. The withdrawal period will end at the 14th day from the day you or a third party by you indicated, other than the carrier, acquired the possession of material goods or if the assets that make up your order are delivered separately to 14 days from the day you or a third party by you indicated, other than the carrier, acquired the material possession of the last of those goods.

To exercise the right of withdrawal, you should notify us to Big Wave Hanalei by writing to the email address [email protected], your decision to withdraw from the contract through a clear statement.

However, to meet the withdrawal deadline, it is sufficient for you to let us know about your decision to withdraw from your order before the withdrawal period has expired.

Effects of withdrawal

We will refund all payments received from you, including the costs of our standard delivery option, without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw. We will use the same means of payment that you used to pay for your order and this will not cause you any extra fees.

For all other purchases: We may withhold the refund until we have received the items back, or you have supplied evidence of having sent back the items, whichever is the earlier.

You must send back the items or hand them over to us without undue delay, and in any event no later than 14 days from the day on which we are informed about your decision to withdraw.

Unless you make the return of goods directly in our study, you would bear the direct cost of returning the pieces.

You are only liable for any diminished value of the items resulting from their handling, other than that which is necessary to establish the nature, characteristics and functioning of the items.

14.2 Common provisions

You will not be able to withdraw from the contract whose object is a personalised item.

Your right to cancel the contract shall apply exclusively to products that are returned in the same condition in which you received them. No refund will done if the product has been used beyond the mere opening of the product, if it’s not in the same conditions it had when it was delivered or if has suffered any damage, so you must be careful with the  product(s) while they are in your possession. Please return the item using or including all of its original packaging, instructions and other documents that accompany it in its case.

After consideration of the article we will tell you if you are entitled to a refund of the amount paid. Reimbursement of transport costs will only be made when the right of withdrawal exercise within the legal deadline and returned all the items that make up the order in question. The refund shall be made as soon as possible and, in any case, within the period of 14 days from the date in which you communicated its intention to withdraw. However, can retain the refund until receipt of the goods, or until you have presented proof of the return of property, according to what condition is met first. The refund shall be made always by the same means of payment you used to pay for the purchase.

You assume the cost and risk of return products, as indicated previously. If you have any questions, please contact us through our contact ways.

14.3 Returns in Canary Islands, Ceuta y Melilla

If you wish to change or return a product that had been delivered in the Canary Islands, Ceuta or Melilla, you may do so through the courier, making the return at your own cost.

14.4 Defective product returns

Anna Rovira pieces have been created one by one handcrafted. We put a lot of effort in making sure that they don’t have any defects beyond possible differences that may have regarding the product photography. This can happen because of the very nature of the product. In this case it will not be considered a defect of the product.

In cases in which you consider that at the time of delivery the product does not conform to the contract, you must please contact us immediately through our means of contact facilitating the data product as well as the damage the product has suffered.

The product may be returned to our studio directly or via courier.

We will proceed to carefully examine the returned product and will inform you by e-mail within a reasonable period if the refund or replacement is applicable. Refund or replacement of the article shall be carried out as soon as possible and, in any case, within 14 days following the date in which we send you an email confirming that reimbursement or replacement of the article appropriate non-compliant.

The amounts paid for those products that are returned because of a defect, where it really exists, you will be entirely refund including delivery expenses incurred to deliver the item to you and the costs that you have incurred to return it to us. Repayment shall be made in the same method of payment that was used to pay the purchase

There are in any case the rights recognized by the legislation in force.

15. LIABILITY DISCLAIMER

Unless expressly otherwise provided in these terms, our liability in connection with any product purchased on our website will be strictly limited to the purchase price of that product.

However, with legal provision to the contrary, we will not accept any responsibility for the following losses, regardless of their origin:

i. loss of income or sales:

II. loss of business;

III. loss of profits or loss of contracts;

IV. loss of anticipated savings;

v. loss of data; and

VI. waste of management time or office time

Due to the open nature of this website and to the possibility of errors in the storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained through this web site unless it is expressly provided otherwise herein.

16. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of this website shall remain at all times vested in us or our licensors.

You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

17. VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website/App by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorized access to this website/App, to the server which hosts this site/App or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.

By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website/App will cease immediately. We will use reasonable care and skill to ensure that this website and App are safe, secure and free from bugs, viruses and other defects.

Except to the extent it results from our failure to do so, we accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

18. LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

19. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory

rights.

20. NOTICES

All notices given by you to us should be given to us via email to [email protected] Subject to and as otherwise specified in Clause 21, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.

21. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control.

An event outside our control includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

1. Strikes, lock-outs or other industrial action.

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether

declared or not) or threat or preparation for war.

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

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of

public or private transport.

5. Impossibility of the use of public or private telecommunications networks.

6. The acts, decrees, legislation, regulations or restrictions of any government.

7. Any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that any event outside our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event outside our control to a close or to find a solution by which our obligations under the Contract may be performed despite the event outside our control.

22. WAIVER

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

23. SEVERABILITY

If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

24. ACUERDO COMPLETO

Las presentes Condiciones y todo documento a que se haga referencia expresa en las mismas constituyen el acuerdo íntegro existente entre usted y nosotros en relación con el objeto de las mismas y sustituyen a cualquier otro pacto, acuerdo o promesa anterior convenida entre usted y nosotros verbalmente o por escrito.

Usted y nosotros reconocemos haber consentido la celebración de un contrato sin haber confiado en ninguna declaración o promesa hecha por la otra parte o que pudiera inferirse de cualquier declaración o escrito en las negociaciones entabladas por los dos antes del mismo, salvo aquello que figura expresamente mencionado en las presentes Condiciones.

Ni usted ni nosotros dispondremos de acción frente a cualquier declaración incierta realizada por la otra parte, verbal o escrita, con anterioridad a la fecha de un contrato (salvo que se hubiera hecho tal declaración incierta de forma fraudulenta) y la única acción de que dispondrá la otra parte será por incumplimiento de contrato de conformidad con lo dispuesto en las presentes Condiciones.

25.  OUR RIGHT TO VARY THESE TERMS

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

26. LAW AND JURISDICTION

The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.

Any dispute arising out of or relates to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.

If you are contracting as a consumer, nothing in this clause shall affect rights as such it recognizes the legislation.

27. FEEDBACK

We welcome your comments and feedback. Please send all feedback and comments to us via e-mail address [email protected].

If you as a buyer consider your rights have been breached, you can address your complaints to us via the e-mail address [email protected]

If you purchased from us through our website, you may be entitled to seek to settle the consumer dispute with us out-of court, through the EU platform for online dispute resolution which is available at http://ec.europa.eu/consumers/odr/.