WARNING: THE ENGLISH VERSION OF THE TERMS AND CONDITIONS IS FOR PURELY INFORMATIONAL PURPOSE. SHOULD ANY CONTRADICTION ARISE BETWEEN THE ENGLISH VERSION AND THE SPANISH VERSION, THE LATTER SHALL ALWAYS PREVAIL
This document (hereinafter, the “Terms”), together with any documents herein mentioned, sets forth the terms and conditions governing the use of the web page www.sylviacalvobcn.com (hereinafter, the "Website"), operated by Sylvia Calvo BCN (hereinafter, “SCBCN”, “we”, “us” or “our”) to provide information about its products and facilitate their purchase through the Website.
2. Our data
Name: Sylvia Calvo BCN
Tx ID number: 37743903Y
Registered office: Passeig del Ferrocarril, 337, 08860 Castelldefels (Barcelona), España
Phone: 934 417 675 / 650 391 414
Contact form: https://sylviacalvobcn.com/contactenos
3. Your personal data
The information or personal data that you provide us with will be processed in accordance with the Data Protection Policies. By using the Website you are consenting to the processing of such information and data and guarantee its correctness and accuracy.
4. Use of our Website
By using this Website and by placing any order through it, you undertake:
1. To use the website exclusively to make legitimate enquiries or orders.
2. 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.
3. To provide correct and accurate e-mail, postal and/or other contact details to us.
5. Service availability
Products offered through this Website are available for worldwide delivery.
You can register as a user on our Website to make your purchase, in which case all the data you provide us with will be securely stored in our systems so that you do not have to enter them again and your future purchases will be faster.
To register, click on the "My account" section that appears at the top of the Website, then click on “Create account” and fill in the registration form with the requested information. You can modify this information at any time by accessing the “My account” section again.
You can also de-register and delete your account at any time. For this, please contact us through our contact form or through any of the means referred to in clause 2 of these Terms.
7. Purchase as guest
Our Website also allows purchases to be made using the “purchase as a guest” feature, without any need to register. When using this purchase method, you will be asked only for the information that is essential for processing your order. Once the purchase process has been completed, you will be given the opportunity to register as a user or continue as an unregistered user.
8. Product availability
All orders for products are not subject to availability. If products are no longer in stock, you have the option to buy them upon request, but in this case you agree to be bound by the special delivery conditions set forth in clause 12 of these Terms.
9. Characteristics of the products
We have tried to accurately display the characteristics of its products, including the colors. However, the actual colors you see will depend on the screen of your device, and we cannot guarantee that your device will accurately display such colors.
10. Price and payment
The prices on the Website include VAT, but exclude delivery costs, which are added to the total amount owed according to the selected delivery method. The cost of each delivery method will be clearly shown during the purchase process.
Payment can be made by bank transfer, credit or debit card and PayPal. To minimize the possibility of unauthorized access, the data you provide us with will be processed in SSL encrypted form.
Credit and debit cards are subject to validation checks and authorization by your card issuer. If your card issuer fails to authorize payment to us, we will not be liable for any delay or non-delivery.
11. How to place an order
To place an order on the Website, follow these steps:
1. Add the product/s you wish to buy to the shopping cart.
2. In the overview screen for the shopping cart, click on “Checkout”.
3. Chose if you make your purchase as a registered user or as a guest.
4. Enter the required information and select a payment method.
5. Check if the entered data is correct and confirm the order.
After this, you will receive an e-mail confirming receipt of your order (the "Order Confirmation "). We will also inform you via e-mail when the product/s has/have been dispatched (the “Delivery Confirmation”).
If, for any reason, the order cannot be executed, you will be informed as soon as possible. In case we received the payment for this order, it will be reimbursed to you using the same method as that used for the payment.
12. Tracking your order
If you are a registered user, you can check the status of your order at any time by accessing the "Orders history" section of your account. If you placed your order using the guest option, you can track your order via the link provided in the Order Confirmation e-mail we sent you.
Unless there are any exceptional circumstances, we will try to execute your order consisting of the product/s listed in the Delivery Confirmation within the period indicated in the Website according to the selected delivery method.
Products purchased under request may be subject to a longer delivery time than as stated in the delivery method selection screen, which will depend on the manufacturing time of each product. This manufacturing time can be up to 14 working days.
In any case, the maximum delivery time is of 30 days from the date of the Order Confirmation. If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to continue with the purchase, establishing a new delivery date, or cancel the order with full reimbursement of the amount paid.
For the purposes of these Terms, it will be understood that the "delivery" has been made or that the order has been "delivered" at the moment you or a third party specified by you acquires physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address.
14. Risk and title
The products will be at your risk from the time of delivery.
Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery costs, or upon delivery (as defined in clause 12), whichever is the latter.
15. Returns policy
You may cancel the order at any time within a period of 14 calendar days from the delivery date of your order, by notifying your decision to SCBCN through our contact form or through any of the means referred to in clause 2 of these Terms.
If you are a registered user, you can cancel your order following the steps below:
1. Access the “Order history” section of your account.
2. Select the order you want to cancel, clicking on “Details”.
3. Select the product you want to return by marking the verification checkbox next to its name.
4. If you have purchased more than one unit, select the amount you want to return.
5. Explain the reasons for the return and click on “Make a return”.
In the “Returns” section of your account you can check the products and product units for which the return has been ordered, as well as the current status of the refund procedure. Once the return has been accepted (the status will change from “Awaiting confirmation” to “Awaiting the package”), you will receive an email confirming that the product can be returned.
No refunds will be given after the cancellation period has expired. The product must be returned to us in the same condition as it was when you received it. You must include with any product return or exchange all original boxes, labels, product instructions, hang tags, tags, documents, receipts and wrappings. Any product which is returned to us damaged or which is not returned to us in the same condition as when you received it will not be accepted for return.
You may return any product by presenting it directly at the SCBCN atelier, or by sending it to us through any other delivery method to the address indicated in clause 2 of these Terms. Please bear in mind that if you use the second return method, you will be responsible for the return costs.
Once we receive the product and after proper examination, we will reimburse you the amounts paid, including the delivery costs, within 14 calendar days from the date on which we received the product. The refund will be paid using the same payment method you used to pay for the purchase, unless indicated otherwise.
We offer a two year guarantee from the date of delivery on all the products purchased on our Website, covering any defects that become apparent within this period of time. However, any defect that appears after six months after the delivery must be proven to have existed at the time of the delivery; otherwise we will not be responsible.
It is understood that products have no defects when they:
• comply with the description given by us and possess the qualities that we have presented in the Website;
• are fit for the purposes for which products of their kind are normally used;
• show the quality and performance which are normal in products of the same type and can which can reasonably be expected.
If you consider that the product you purchased is defective, please notify us through our contact form or through any of the means referred to in clause 2 of these Terms. You may return the product by presenting it directly at the SCBCN atelier, or by sending it to us to the address indicated in clause 2 of these Terms.
Once we receive the product and after proper examination, we will send you an email confirming the defectiveness of the product and informing you of your right to have it replaced or repaired, or to request a refund. The replacement, repair or refund will be carried out within 14 calendar days from the date on which you received the email confirming the defectiveness of the product.
The refund will include the costs incurred to deliver the product to you and the costs incurred to return it to us. The refund will be paid using the same payment method you used to pay for the purchase, unless indicated otherwise.
Our products, which are entirely handmade, will often contain the natural characteristics of the materials used in the manufacture of the product. Natural characteristics such as grain, texture, knots and color variation should not be considered as defects, as they are inevitable and should be accepted as part of the individual appearance of the product.
Unless specifically provided otherwise in these Terms, our liability in connection with any product purchased through our Website is strictly limited to the purchase price of that product.
Except where provided otherwise by law, we will not accept any responsibility for the following losses, regardless of their origin:
• loss of revenue or sales;
• loss of business;
• loss of contracts;
• loss of anticipated savings;
• loss of data; or
• loss of management time or working time.
Due to the open nature of this Website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this Website.
18. Force majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations 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:
• Strikes, lock-outs or other industrial action.
• Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
• Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• Impossibility of the use of public or private telecommunications networks.
• The acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Any shipping, postal or other relevant transport strike, failure or accidents.
Our will 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 may be performed despite the event outside our control.
19. 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 the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized 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 contact details.
20. 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.
21. Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or your rights under the Contract or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term or condition will to that extent be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.
We reserve the right to revise and amend these Terms at any time and with no prior notice. We will inform you about any substantial changes made to them. You will be subject to the Terms in force at the time that you access this Website.
24. Governing law and jurisdiction
This Website is operated and controlled by SCBCN from its offices in Spain. Consequently, all and any matters which may derive from access to and/or utilization of the same shall be understood to be governed and construed in accordance with Spanish legislation.
Should the user have his or her domicile outside of Spain, SCBCN and the user shall submit to the competent courts and tribunals of Spain, expressly waiving their right to any other jurisdiction.
25. Comments, suggestions and complaints
You can submit any comments, suggestions or complaints through our contact form or through any of the means referred to in clause 2 of these Terms. We will deal with your request as soon as possible, but no later than one month after receipt of the request.
If you have a problem with any product that you have purchased from our Website and we were not able to solve it, we inform you that you have the right to submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).
The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.