GENERAL CONDITIONS OF SALE
1. SCOPE
These general conditions of sale (hereinafter, the "GCS") apply to any order made through the website www.organicdesign.es and internet addresses derived therefrom (hereinafter the "Website"), owned by the company TUO AGENCY REPRESENTACIONES, S.L., with registered address in Calle Doctor Fleming, N.º 4 Bajo, registered in the Commercial Registry of Alicante with the N.I.F. B42655985 and with intra-Community VAT number ESB42655985 (hereinafter, "ORGANIC DESIGN").
These GCSs apply to the purchase of goods to be delivered in Spain (hereinafter the "Products"). The GCSs have been made available to the buyer (hereinafter, the “Client”) prior to the order confirmation, which requires prior, express and unreserved acceptance thereof, prevailing over all previous versions or specifications emanating from the Client. The GCSs accepted by the client are adjoined to the contractual documentation derived from the conclusion of the contract.
2. ORDERS
2.1 Offer of Products
The Products for sale are those available at the time of confirmation and payment of the order by the Client. Organic Design reserves the right to modify its offer at any time, in particular by adding new Products, removing others or modifying the presentation thereof.
Products are presented in accordance with legal provisions and as accurately as possible. An accurate representation of the Products on the Website and/or in the Catalogues cannot be guaranteed due, in particular, to differences in colour finishes in Internet browsing software and/or device screens. There may be differences between the Products delivered and those represented on the Website or catalogue, mainly in terms of artisanal Products, the homogeneity of manufacture of which cannot be guaranteed or those Products that have undergone adaptations relating to technical or technological developments.
Personalised Products: Products made to measure, according to the specifications of the Client or that have been customised by the Client may not be exchanged, refunded or returned for any reason.
2.2 Place an order
The Client can place an order by telephone by calling 673.819.364 or through the Website.
Any order placed through the Website requires the creation of an account (hereinafter, the “Client Account”). The Client must add the selected Products to his/her basket (hereinafter, the “Basket”). The Client can verify the details of his/her order and its total price, making changes before the final validation of the order. Orders sent to Organic Design by mail, fax or any other means other than those indicated shall not be processed.
2.3 Validation of the order
For the Client, the order shall be firm and valid from the moment he/she confirms it and, for Organic Design, from the validation of the payment and the confirmation of the processing of the order.
Organic Design reserves the right to refuse an order for any legitimate reason.
Organic Design shall send by email, as soon as possible, a confirmation of the order’s substantial elements (order number, Products ordered, place of delivery, etc.).
All orders for Products are subject to availability. In the absence of availability of one or more Products ordered, difficulties in supply or lack of stock, Organic Design undertakes to contact the Client by email as soon as possible, informing him/her of the expected date of arrival of the goods. Textile is manufactured on request and the manufacturing time is 35 to 40 days from the date of payment.
3. PRICE/PAYMENT
3.1 Price of the Products
The prices of the Products are expressed in euros. Taxes related to the sale of the Products, including VAT, are included unless otherwise indicated. The prices presented do not include the costs of preparation and shipping, which shall be duly detailed prior to the confirmation of the order by the Client.
Organic Design reserves the right to modify the prices of its Products. In any case, the price conditions in force on the date of validation of the order by the Client shall apply.
3.2 Payment
The payment shall be made in full and in euros when placing the order by bank card, bank transfer or Stripe. Orders shall be processed once payment is authorised.
3.2.1 Payment by bank card
The following bank cards are accepted: Visa and MasterCard.
To avoid online fraud, Organic Design may verify the authenticity of the bank details and/or the identity of the Client prior to the confirmation of the order, respecting at all times the applicable regulations on personal data protection. By placing the order on the Website, the Client undertakes to provide the requested data to Organic Design as mandated by law. Should the information required by Organic Design not be provided within the established period, it reserves the right to cancel the order that requires this verification.
3.2.2 Payment by bank transfer
Should the bank transfer not be received within eight (8) days of the confirmation of the order by the Client, the order shall be considered cancelled.
3.2.3 Payment with Stripe
In the event that the Client has an account with Stripe, he/she may use it to make purchases through the Website or create a Stripe account when choosing this means of payment.
3.3 Billing
The invoice addressed to the Client shall incorporate the data indicated by the Client in his/her Client Account. The Client may modify this data each time he/she places a new order from the Website.
4.DELIVERY
4.1 Modes and delivery costs
When the Client places the order, the delivery method shall be indicated (by carrier or by postal package). The delivery costs shall be specified before the confirmation of the purchase, detailing the place of delivery, the nature of the Products ordered and the nature of the service that the Client chooses.
Delivery in store: Free in-store delivery is available for non-bulky items (tableware, textiles, small decorative items...). This mode of delivery is not available for furniture and large orders. This option is specified during order validation. To collect the Products in store, the Client must present an identity document stating the name appearing on the order. A third party may be responsible for its collection, provided that it has the copy of the identity document of the Client and has a power of attorney or authorisation granted by the latter for this purpose.
Delivery by packages: The delivery of the order shall be made by a specialised carrier. A driver shall be dispatched to the Client’s address once the goods are shipped. The packages shall be left at the Client’s door. Prices do not include direct home delivery or installation. The indicative delivery date shall be clearly stated in the order placed through the Website.
Delivery by carrier: The delivery of large items or furniture shall be made by a specialised carrier. Furniture shall be delivered wrapped, in boxes or pallets to ensure maximum protection. The Organic Design delivery service shall contact the Client to set a delivery date within the deadlines mentioned in the order summary.
The date and time of delivery shall be agreed between the Client and the carrier. The carrier and delivery conditions differ according to the volume of the order. It is the Client’s responsibility to verify the delivery times during the validation of the order.
The Client, if necessary, must assemble the furniture delivered disassembled, any assembly arrangement being subject to a specific quote.
After the acceptance of the quote by the Client and Organic Design, the Client must mention the obstacles to a delivery through the normal access routes, the deliveries shall be made at street level at the address indicated by the Client.
The risks of the Product are transferred to the Client at the time of the effective delivery of the Products by the Organic Design carriers on the delivery date agreed upon with the latter.
Customised or custom-made Products: Any order including Products made to measure or according to the Client’s specifications, or that have been the subject of a special order, may only be delivered by carrier at the address indicated by the Client.
4.2 Receipt and claims
When receiving the order, the Client must proceed to detect possible breakdowns, deficiencies, defects or other apparent defects, as well as the non-conformity of the Products delivered with his/her order.
In case of lack of conformity of the Product delivered with the Product purchased, the Client has a period of two (2) months, from the moment he/she becomes aware of this circumstance, to communicate it to Organic Design customer service department, by email to info@organicdesgin.es or by phone at the number 673.819.364. Failure to comply with this period shall not entail the loss of the pertinent warranty against hidden defects, the Client being responsible, however, for the damages actually caused by the delay in communication.
Accepted claims shall result in a change of the defective or non-conforming Product, or a refund in case of unavailability of the Product on the date indicated in the warehouse or with suppliers.
5. PRODUCT WARRANTY/LIABILITY
5.1 Warranty coverage
Products are warranted for a period of three (3) years from delivery against any manufacturing, design or material defects. However, the Client must inform Organic Design of the lack of conformity within two (2) months of becoming aware of it and, in the event that this period is exceeded, any damages shall be borne by the Client.
During the warranty period, Organic Design undertakes to either replace or repair the Products considered defective for its services. If repair or replacement of the goods cannot be carried out, the Client can return the goods and recover the money or keep the goods and recover a part of the money. The exchanged Products enjoy the warranty for the remaining period. The warranty does not include:
-Damage to the Product resulting from normal wear and tear taking into account its nature, function, composition and price.
-Any Product defects that may result from:
-Installation, storage, conservation or defective assembly (failure to comply with assembly instructions).
-Defect in maintenance, incorrect use or use not in accordance with technical or usage specifications (non-observance of maintenance recommendations).
-Modifications or repairs made by the Client or a third party of damage caused by external objects (e.g. an excessively heavy television on a piece of furniture not designed for such use).
-External events such as accidents, bumps, fires, vandalism, water damage, natural or artificial lights (in case of discolouration).
-Natural catastrophes or adverse weather conditions.
5.2. Special conditions, warranty of Products and Comfort Systems and Sofas
The sofas have a 3-year warranty, unless the warranty document issued by the manufacturer specifies a longer term.
For manufacturing processes, these articles may have a margin of error of dimensions of ±6cm in any of their measurements, with respect to the specification sheet provided.
The sofas’ warranty shall be invalidated in the following cases:
Transport, accidents, improper use and other damage not due to the normal use of the Product by the Client after the delivery of the goods. This warranty only covers damage caused by transport prior to receipt of the good.
The loss of volume of polyurethane foam, napkins, acrylic fibres, feathers and other stuffing Products in pillows (seats, backs, arms and back cushions) is a direct consequence of the use thereof. Therefore, it should not be confused with loss of elasticity or accelerated fatigue caused by the manufacturing process or the materials used. A loss of up to 10% of the height and width shall be considered normal, as well as marks that remain where people have been sitting for several hours.
Sitting on materials can cause ripples in the support and seat areas. This phenomenon is normal and does not alter the characteristics of the Product or its use.
Burns, cuts, rubbing, wrinkles, marks, scratches or other damage caused by animals or improper use of the Product.
Use or contact with chemicals.
Colour deterioration due to exposure of the Product to the action of sunlight or other heat sources.
To activate the warranty, the original invoice and supporting elements must be presented.
5.3 Legal guarantees
The Products come with a warranty against any defects of conformity and hidden defects as per the provisions of the General Law for the Protection of Consumers and Users and the Civil Code.
5.4 Liability of Organic Design
Organic Design’s liability for the Products delivered, included in the framework of the applicable contractual or legal guarantees, is limited to the price of the defective or non-conforming Products. Organic Design shall not be obliged to compensate for indirect damages, or any other financial damages experienced by the Client or a third party.
6. RIGHT OF WITHDRAWAL
6.1 Right to withdraw from the Purchase
The Client, as a consumer, may withdraw from the Purchase within fourteen (14) calendar days from the date of delivery of the order. Once the withdrawal has been made, Organic Design shall refund the price paid for the Products, deducting the shipping costs, within a maximum period of fourteen (14) calendar days from the date of withdrawal. This period may be postponed and, in this case, shall be counted from the date of receipt of the returned Products or proof of their shipment.
No amount shall be refunded in the event that the Product cannot be put back on sale due to causes attributable to the Client.
The formalisation of the right of withdrawal may take place before the expiry of the period of fourteen (14) calendar days mentioned above, through the form that Organic Design makes available for this purpose in the annex to these GCSs.
To exercise his/her right of withdrawal, the Client may also do so by accessing his/her personal account on the Website, in the “My Orders” section (“Order Details” and then by contacting Client Service through the “Contact Us” tab).
The request shall be immediately communicated to customer service, which shall contact the Client to coordinate the return of the Product and indicate the steps to follow, which shall vary depending on the original method of shipment of the Product.
The direct costs of return shall be borne by the Client, as per the applicable regulations (Articles 107 and 108 of Royal Legislative Decree 1/2007, of 16 November).
Exclusion: The right of withdrawal shall not apply to Products made to measure or to Products made to the specifications of the Client or that have been the subject of a special order.
7. USE OF THE WEBSITE
7.1 Intellectual property
The elements published on the Website, including, in particular, logos, trademarks, texts, photographs, images, drawings, videos, models, paintings, visual elements, sound elements, as well as any element owned by Organic Design, are protected by intellectual or industrial property rights. Therefore, the reproduction or the total or partial representation of the Website is strictly prohibited without the express and prior consent of the owners of these rights and may constitute a violation punishable under the provisions relating to Intellectual and Industrial Property rights and/or a criminal offence of those persons who have violated the aforementioned rights.
7.2 Responsibility of Users
The Users are solely responsible for navigation on the Website. Organic Design shall not be held responsible for breakdowns, errors or computer viruses that could damage the continuity of access to the Website or for malfunctions in the computer equipment of Users that may be verified as a result of access to the Website. Consequently, Organic Design has no obligation to repair direct or indirect damage that may arise from the use, access or download of elements stored on the Website (images, text, video files, etc.).
7.3 Personal Data Protection
Organic Design attaches great importance to the protection and respect of the privacy of its Clients and their personal data and undertakes to respect the applicable regulations, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016. Organic Design collects and processes the personal data of its Clients in order to store and process Client orders, respond to requests for information and/or conduct satisfaction surveys. The Client has a right of access, rectification, limitation or opposition to the processing and deletion of his/her personal data, as well as the portability thereof. The Client can exercise these rights by sending an email to info@organicdesign.es, specifying his/her contact details (names, surnames, address, email and telephone number). Organic Design may have to verify the identity of the Client to ensure the processing of his/her request. For more detailed information on Organic Design’s Personal Data Protection Policy, visit our website in the “Privacy Policy” section.
8. FORCE MAJEURE
No party shall be held liable for total or partial non-compliance with its obligations if such non-compliance is due to fortuitous causes or an element considered to constitute force majeure such as, for example, but not limited to, floods, fires, storms, lack of raw materials, transport strikes, partial or total strikes, or closures. The Party affected by such events shall inform the other Party as soon as possible and no later than five (5) business days after the event.
The parties agree that, as soon as possible, they must jointly stipulate the modes of execution of the order during the period of validity of the cause of force majeure.
If the force majeure period is longer than one (1) month, Organic Design may not make the order effective and must refund the Client, if applicable, the amounts paid by the latter for the order concerned.
9. MISCELLANEOUS
9.1 Website
Publisher identification
The company TUO AGENCY REPRESENTACIONES, S.L.
Tel.: 673,819,364
NIF B42655985
Identification of the web hosting provider:
The company CONSULTORÍA MARKETING PINCHAAQUI, S.L.
Registered in Alquerías del Niño Perdido, Spain. More information at: https://www.pinchaaqui.es/
9.2 Proof
By express agreement between Organic Design and the Client, the parties’ emails and the automatic registration systems used on the Website shall serve as proof as regards the nature and date of the order.
As per the rules of common law, the Client may consult the electronic contract concluded with Organic Design. To do this, he/she shall contact customer service by email, providing all the information necessary in this regard, in particular the order number and his/her data.
9.3 Partial invalidity
If one or more stipulations of these GCSs are deemed or declared invalid by virtue of a law, regulation or following a final decision of a competent court, the other stipulations shall remain in full force and scope.
9.4 Lack of waiver
The fact that one of the parties has not demanded the application of any clause of these GCSs, either permanently or temporarily, cannot under any circumstances be construed as a waiver of the rights of the party deriving from that clause.
9.5 Title
In the event of a dispute over how to construe the titles of the articles and chapters in connection with the clauses, the titles shall be deemed non-existent.
9.6 Amendment of the GCSs
Organic Design reserves the right to amend these GCSs. Any new versions of the latter shall be indicated on the Website.
The version of the GCSs available on the Website at the time the order is placed and previously accepted by the Client shall prevail over any other version of these GCS.
9.7 Integrity of the contract
These GCSs and the order summary communicated to the Client constitute a contractual set and the entirety of the contractual relations established between the parties.
GOVERNING LAW/JURISDICTION
The relations between the client and Organic Design shall be governed by Spanish law and the dispute shall be subject to Spanish jurisdiction.
ONLINE DISPUTE RESOLUTION
In the event that Organic Design has not satisfactorily resolved a complaint lodged directly with it by a consumer, the consumer may refer the matter to an alternative resolution entity notified to the European Commission, as per the provisions of the law transposing into Spanish law Directive 2013/11/EU of the European Parliament and of the Council, of 21 May 2013, on alternative dispute resolution in consumer matters.
Access to this type of procedure is facilitated through the following hyperlink: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
WITHDRAWAL FORM TEMPLATE
ANNEX: WITHDRAWAL FORM TEMPLATE
(please fill in and send this form only if you wish to cancel your purchase)
For the attention of Organic Design’s customer service department, by email to the address: info@organicdesign.es.
I/we hereby notify (*) my/our (*) withdrawal from the contract relating to the sale of the Product (*)/to the provision of the following service (*):
-Product name:
-Product reference:
-Order number:
-Order made on (*)/received on (*)
-Name of Clients:
-Address of Clients:
-Email address used for Clients' Client Account:
Signature of Clients
Date
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