GENERAL TERMS AND CONDITIONS

The present contractual document will be applied during the purchase of products and services through the website http://www.ofeliahomedecor.com/, property of OFELIA HOME DECOR SL, hereafter referred to as the PROVIDER.

  • By accepting this document, the USER:
  • Has read, understands, and accepts what is exposed in this document.
  • Is a person with sufficient contractual capacity.
  • Assumes all the obligations set forth herein.

These conditions shall be valid for an indefinite period and shall be applied to all purchases made on the PROVIDER's website.

The PROVIDER informs that the company is aware of and responsible for the legislation in use in the countries where the goods will be delivered and reserves the right to revise the conditions unilaterally, without this affecting the goods or promotions that were purchased prior to the change.

The contracting parties

First party, the PROVIDER of the goods or services contracted by the USER is OFELIA HOME DECOR SL, with its registered office at Pol. Calle Industria, parcela, 11 - 12550 ALMAZORA - CASTELLÓN (Castellón), NIF B44504983 and with customer service / USER telephone number 679049663.

As second party, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and safekeeping, and is responsible for the accuracy of the personal data given to the PROVIDER.

Purpose of the contract

The purpose of this contract is to govern the contractual sales relationship between the PROVIDER and the USER when the USER accepts the corresponding box during the online purchase process.

The contractual sales relationship leads to the delivery of a specific item or service for a specific price, which is displayed on the website.

Procedure

The USER, to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the Regulation (EU) 2016/679 of 27 April 2016 (GDPR) regarding the privacy of individuals with respect to the personal data treatment, detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and a password, undertaking to make diligent use of them and not to make them available to third parties, as well as to inform the PROVIDER of the loss or theft of them or of possible access by an unauthorised third party, so that the PROVIDER may proceed to block them immediately.

  • Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:
  • 1. General contract terms
  • 2. Delivery of orders
  • 3. Right of withdrawal
  • 4. Claims
  • 5. Force majeure
  • 6. Liability
  • 7. General terms and conditions
  • 8. Price and offers
  • 9. Delivery costs
  • 10. Payment, methods and discounts
  • 11. Order
  • 12. Applicable warranties
  • 13. Warranties and returns
  • 14. Law and Jurisdiction
  1. GENERAL CONTRACT TERMS

    Unless otherwise stipulated in writing, the placing of an order with the PROVIDER implies the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

  2. DELIVERY OF ORDERS

    The PROVIDER shall not deliver any order until the payment has been confirmed.

    Shipments of goods will usually be made by Express Courier, according to the destination freely indicated by the USER.

    Delivery dates or deadlines shall be understood to be approximate, and any delay shall not constitute a major non-compliance. In case the PROVIDER has not delivered the goods 30 days after the agreed delivery date, the customer shall be entitled to cancel the order and receive a refund of the total amount paid without any cost, and without any liability for damages attributable to the PROVIDER.

    Delivery times vary according to destination:

    - DELIVERY IN SPAIN PENINSULAR AND BALEARIC ISLANDS: approximately 2-6 working days.

    - DELIVERY IN THE CANARY ISLANDS: approximately 15 working days.

    - DELIVERY IN EUROPE: from 5 to12 working days approximately.

    These terms are valid as long as the availability of the goods has been confirmed and full payment of the order has been approved.

    The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate, or incomplete data provided by the USER.

    Delivery will be considered to have been made when the courier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

    If the products are damaged due to transport, the USER must verify that the package/pallet received is in correct external state and check that it is in good condition. It is the receiver's responsibility to check the delivery status of the merchandise and to indicate on the delivery note any observations that is considered appropriate.In case of damage, breakage, defects, or missing goods, please indicate the irregularities on the delivery note of the courier, "damaged packaging". It is not legally valid to state "pending inspection". This is essential to be able to claim any damage to the product. For optimal management, it would be best to notify within the first 48 hours. Once the product has been unpacked, the customer must keep the original packaging (including pallet) in case it needs to be returned or replaced.

    In this case, OFELIA HOME DECOR will repair or replace the defective items as soon as possible. If the customer does not make any comments at the time of delivery, this is equivalent to full conformity with the received items.

  3. RIGHT OF WITHDRAWAL

    The USER has the same rights and deadlines to make any returns and/or claims for possible defects or faults of the goods or services, both in online and offline modalities.

    The USER has fourteen natural days from the date of receipt of the item to return it (article 71 of Law 3/2014 of 27 March). Except if the return is made due to product defects, the shipping costs will be borne by the USER. The product must be returned in its original packaging and in perfect condition.

    The right of withdrawal shall not apply in the following cases:

    • - If the product is not returned in perfect condition.
    • - If the packaging of the product is not the original or is not in perfect condition. The original packaging must protect the item so that it can be received in good condition, and the use of seals and adhesive tapes applied directly to it is prohibited.
    • - When the product has been opened without being able to demonstrate that it has not been used.
    • - When they are personalised products or those which, for reasons of hygiene or other legally foreseen exceptions, are not susceptible to this right.

    All refunds must be notified to the PROVIDER by e-mail to web@ofeliahomedecor.com, specifying the invoice or order number.

    Once the USER has received the return confirmation, he/she will return the product to the PROVIDER, with the shipping costs being paid by the USER, at the address of OFELIA HOME DECOR SL, Pol. Calle Industria, parcela, 11 - 12550 ALMAZORA - CASTELLÓN (Castellón).

  4. CLAIMS

    Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

    • Postal: OFELIA HOME DECOR SL, Pol. Mijares. Calle Industria, parcela, 11 - 12550 ALMAZORA - CASTELLÓN (Castellón)
    • Telephone:  679049663
    • Mail: web@ofeliahomedecor.com

    Online Dispute Resolution (ODR)

    In accordance with Art. 14.1 of EU Resolution 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the USER and the PROVIDER, without the need to resort to the courts of law, by means of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two parties. This entity is neutral and will dialogue with both parties in order to reach an agreement and may finally suggest and/or impose a solution to the conflict.

    Link to the ODR platform:  http://ec.europa.eu/consumers/odr/

  5. FORCE MAJEURE

    The parties shall not be liable for any default due to force majeure. Performance of the obligation shall be delayed until the force majeure has ceased.

  6. LIABILITY

    The USER may not assign, or transfer the rights, responsibilities and obligations contracted in the purchase contract.

    If any clause of these terms and conditions should be considered null and void or impossible to comply with, the validity, legality and compliance of the remaining clauses shall not be affected in any way, nor shall they be modified in any way whatsoever.

    The USER declares that he/she has read, understands and accepts these General Conditions.

  7. GENERAL TERMS AND CONDITIONS

    All sales and supplies performed by the PROVIDER shall be subject to the present General Terms and Conditions.

    No modification, amendment or agreement contrary to the Commercial Proposal of OFELIA HOME DECOR SL or herein stipulated shall have any effect, unless expressly stated in a written agreement signed by the PROVIDER, in which case, these agreements shall prevail.

    Due to continuous technical developments and product improvements, the PROVIDER reserves the right to modify its technical specifications regarding the information provided in its offers, insofar as this does not affect the value of the offered items. These changes shall also apply if, for any reason, the possibility of supplying the offered items should be affected.

  8. PRICE AND OFFERS

    The prices of each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include the costs of delivery, handling, packaging, shipping insurance or any other additional services and annexes to the item or service purchased.

    The prices of the products are those shown on the website and are quoted in EURO currency. The USER acknowledges that the price of some of the products may vary at any time.

    Before placing an order, you can check online all the quotation details: items, quantities, price, availability, delivery costs, charges, discounts, taxes and the total amount of the purchase. Prices may change daily until the order is completed.

    All payments made to the PROVIDER will be invoiced to the registered USER or to the company name given by the USER when placing the order. If the customer wishes to receive the electronic invoice, it should be requested by email to web@ofeliahomedecor.com .

    For any order information, the USER may contact the PROVIDER's customer service phone number 679049663 or via e-mail at web@ofeliahomedecor.com.

  9. SHIPPING COSTS

    The prices do not include delivery or shipping costs, nor do they include additional services. The delivery charges will be added when saving the basket or quotation and these will be calculated for the total price of the basket. Orders over 100 euros will have free delivery and orders less than 100 euros will cost 6.90 euros (deliveries to peninsular Spain). All orders are delivered at street level. For orders that the customer requests special delivery (door-to-door delivery or business deliveries), the costs will be determined separately and by previous notification by email at: web@ofeliahomedecor.com.

  10. PAYMENT METHODS AND DISCOUNTS

    The PROVIDER offers the following payment methods for placing an order:

    1. Credit card By credit/debit card, in which case you will provide:
      1. Name and surname
      2. Card number
      3. CVV/CVC
      4. Card expiry date

      Once you have validated all the information about your order (items, shipping methods, delivery and billing address), you will be asked to choose the payment method you wish to use and enter your details. In case the payment platform informs you that the card has been refused, the order will be automatically cancelled, informing the customer of the cancellation online and immediately, as mentioned above. Your card details will not be stored in our database, as they will be filled in on the secure website of your chosen bank. Your card details are protected by secure servers of the bank, using SSL encryption in their communications in every step of the process.

    2. PAYPAL
  11. ORDER

    Basket (budget simulation)

    Any product from our catalogue can be added to the basket. The basket will only show the items, the quantity, the price and the total amount. Once the basket has been saved, taxes, charges and discounts will be calculated according to the payment and delivery information provided.

    The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

    1. You can place an order from the shopping basket by following the steps below:
    2. Checking the invoicing details.
    3. Checking the delivery address.
    4. Selecting the payment method.
    5. Place the order (buy).

    Once the order has been placed, the system sends an instant email to the PROVIDER's sales department.

    Orders (purchase requests)

    Within a maximum of 24 hours, on working days, you will receive an e-mail confirming your order.

  12. APPLICABLE WARRANTIES

    All products offered through the website are completely original, unless otherwise indicated in their description. They all have a two-year guarantee period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

  13. WARRANTIES AND RETURNS

    1. The warranty of the delivered products will be in accordance with the following articles of the Law 23/2003 of 10 July 2003 on Warranties for the sale of consumer goods:
    2. Conformity of the products with the contract.
      1. Except in the case of contrary proof, it will be understood that the products are in accordance with the contract as long as they comply with all the requirements expressed below, unless, due to the circumstances of the case, some of them are not applicable:
        1. They are in accordance with the description made by OFELIA HOME DECOR SL.
        2. They are fit for the purposes to which products of the same type are normally used.
        3. They are fit for any special use required by the customer when this has been communicated to OFELIA HOME DECOR SL at the time of the execution of the contract, as long as the customer has admitted that the product is suitable for this use.
        4. They are of the usual quality and performance of a product of the same type that the customer may reasonably expect, considering the nature of the product and, if appropriate, the descriptions of the specific characteristics of the products made by OFELIA HOME DECOR SL.
        5. OFELIA HOME DECOR SL describes the details, technical characteristics and photographs of the products provided by the manufacturer and is not bound by these public statements.
      2. The lack of conformity resulting from an incorrect installation of the product shall be equated to the lack of conformity of the product if the installation is included in the purchase contract and has been carried out by OFELIA HOME DECOR SL or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
      3. No liability shall be accepted for any lack of conformity which the USER is aware of or could not have been unaware of at the time of concluding the contract or which has its origin in materials supplied by the USER.
    3. PROVIDER's liability

      OFELIA HOME DECOR SL will be liable to the USER for any lack of conformity that exists at the time of the product delivery. OFELIA HOME DECOR SL recognises the USER the right to repair the product, to its substitution, to the price discount and to the withdrawal from the present contract.

    4. Repair and replace of products
      1. If the product does not conform to the contract, the USER may choose between demanding repair or replacing it, unless one of these options proves impossible or unreasonable. Once the USER informs OFELIA HOME DECOR SL of the chosen option, both parties must abide by it. This decision by the USER is understood to be without prejudice to the provisions of article IV for cases in which the repair or replacement fails to bring the product into conformity with the contract.
      2. Natural characteristics such as texture or colour variation should not be classed as faults or defects and should be accepted as part of the individual appearance of the item.
      3. Any form of remedy that imposes costs on OFELIA HOME DECOR SL that are unreasonable, compared to the alternative form of remedy, considering the value that the product would have if there were no lack of conformity. The relevance of the lack of conformity and whether the alternative form of remedy could be carried out without major inconvenience to the USER, shall be considered unreasonable.
    5. Rules for repair or replace of the product
      1. Repair and replacement will be performed in accordance with the following rules:
      2. They will be free of charge for the USER.

        This free of charge shall include the necessary costs incurred to remedy the non-conformity of the products with the contract, in particular shipping costs, as well as costs related to workmanship and materials.

      3. They will be carried out within a reasonable period and without major inconvenience for the user, considering the type of products and the purpose they were intended for the USER.
      4. The repair suspends the calculation of the periods referred to in article VII. The period of suspension will begin from the moment the USER places the product at the disposal of OFELIA HOME DECOR SL and will end with the delivery to the USER of the repaired product. During the six subsequent months after the delivery of the repaired product, OFELIA HOME DECOR SL will be responsible for the lack of conformity that caused the repair. It is deemed to be the same lack of conformity when defects of the same origin as those initially stated are found in the product.
      5. Replacement suspends the time limits referred to in Article VII from the exercise of the option until delivery of the new product. The second paragraph of Article VII shall in any case apply to the substitute product.
      6. If, once the repair has been completed and the product has been delivered, it is still not in conformity with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or a price discount or withdrawal from the contract in accordance with article V.
      7. The USER may not demand replacement in the case of non-fungible products, nor in the case of second-hand products.
    6. Price discount and cancellation of the contract

      The price discount and cancellation of the contract shall proceed, at the USER's choice, when the USER cannot demand the repair or replacement of the product and in cases where this has not been performed within a reasonable period of time or without major inconvenience for the USER. Cancellation shall not be applicable when the lack of conformity is of minor importance.

    7. Discount conditions

      The price reduction shall be proportional to the difference between the value that the product would have had at the time of delivery if it had been in conformity with the contract and the value that the product delivered had at the time of delivery.

    8. Deadlines
      1. OFELIA HOME DECOR SL is liable for any lack of conformity within a period of two years from delivery. In the case of second-hand products, OFELIA HOME DECOR SL and the USER may agree on a shorter period, which may not be less than one year from delivery.

        Unless there is proof to the contrary, it will be presumed that any lack of conformity that becomes apparent within six months subsequent to delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

      2. Unless there is proof to the contrary, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if this is posterior. The action to claim compliance with the provisions of the above articles prescribes three years from the delivery of the product.
      3. The USER must inform OFELIA HOME DECOR SL of the lack of conformity within two months of becoming aware of it.

      Unless there is evidence to the contrary, it shall be understood that the USER's notification has taken place within the established period.

    9. Legal proceedings against the producer

      When it is impossible or excessively difficult for the USER to contact OFELIA HOME DECOR SL due to a lack of conformity of the products with the purchase contract, the USER may claim directly against the producer in order to obtain the replacement or repair of the product.

      In general, and without prejudice to the fact that the responsibility of the producer ceases, under the same terms and conditions as those established for OFELIA HOME DECOR SL, the producer will be responsible for the lack of conformity when this refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

      Producer means the manufacturer of a product or the importer of a product into the territory of the European Union or any person who presents himself as such by indicating on the product his name, trademark or other distinguishing mark.

      The party liable to the USER shall have a period of one year in which to rectify the non-conformity. This period shall run from the time of completion of the remedy.

  14. LAW AND JURISDICTION

    These conditions shall be governed by or interpreted in accordance with Spanish law except where expressly established. The PROVIDER and the USER agree to submit any dispute that may arise from the products or services covered by these Conditions to the courts and tribunals of the USER's residence.

    If the USER is located out of Spain, the PROVIDER and the USER expressly renounce to any other legal forum, submitting themselves to the Courts and Tribunals closest to the town of ALMAZORA - CASTELLÓN (Spain).

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