TERMS AND CONDITIONS
1.- Ownership of the Website
In agreement with arranged in the article 10 of the Law 34/2002, of July 11, of Services of the Society of the Information and of Electronic Trade (hereafter, "LSSI"), we put in your knowledge that the website www.totoli.es (hereafter, the "Website" or the "Portal") is operated by Vicente Todolí, with NIF. 19.983.999-N, whose registered office is in Esglesia Street, number 28, of the locality of Palmera, province of Valencia.
2.- Use of the Website
The current Legal Notice (hereafter, "Legal Notice "), together with the General Conditions (hereafter, "General Conditions"), establish the conditions that regulate the utilization of the services of the Society of the Information that Tot Oli puts at the disposal of the users of the network the Internet through the Website. The aspects relative to the treatment of the personal information of the Users on the occasion of the use of the Website are regulated in the Policy of Privacy.
Thus, the access and use of the Website suppose that the user of the same one (hereafter, the "User") agrees in its entirety and commit himself to fulfill completely the present Legal Notice, the General Conditions, the Policy of Privacy as well as the instructions or recommendations that are indicated in every concrete case.
The access to the Website is free, except in the case of the cost of connection through the network of telecommunications supplied by the supplier of access that the User will have contracted.
Tot Oli saves itself the faculty to effect, at any time and without need of previous notice, modifications and updates of the Website and its contents, configuration and presentation, included this Legal Notice and the General Conditions, for what we recommend its reading before every access and browsing on the Website.
The User promises not to use the Website with fraudulent purposes, as well as not to carry out any conduct that could damage the image, the interests and the rights of Tot Oli or of third parties, binding to use the Portal, the services and the contents included in the same one of diligent, correct and lawful form. Especially, the User promises to abstain from: to suppress, to elude or to manipulate the "copyright" and other identifying data of the rights of the title holders incorporated into the contents of the Portal, as well as the technical devices of protection, or any mechanisms of information that will be able to include the above mentioned contents. Likewise, the User promises not to realize any act in order to damage, to render useless or to overload the Website, or that was preventing, of any form, the normal utilization and functioning of the same one.
In case of breaking this Legal Notice and/or the General Conditions, or we (in Tot Oli) suspect reasonably that the User is breaking them, Tot Oli saves itself the right to border, to suspend or finish User’s access to the Website, adopting any technical measure which would be necessary to undertake this purpose. Likewise, Tot Oli saves itself the faculty to decide, at any time, on the continuity of the services that delivers through the Website.
3.‐ Intellectual and industrial Property.
The rights of intellectual property about the regulation of the contents of the Website (included the of its own kind right on the database), its graphical design (look & feel), the distinctive signs (brands and trade names), the underlying programs of computer (included the source codes), as well as the different elements that integrate the Website (texts, graphs, pictures, videos, and so on), they correspond to Tot Oli or, in any case, Tot Oli holds the right of use and development of the same ones, and to this respect they constitute works protected by the current legislation of intellectual and industrial property.
The use of the Website by the User doesn’t suppose the transfer of the right of intellectual and/or industrial property on the Portal, its contents and/or Tot Oli's distinctive signs. To this end, by means of the present Legal Notice, except in those suppositions in those that it is allowed legally, the User still has expressly prohibited the reproduction, transformation, distribution, public communication put to disposition, extraction and/or reutilization of the Website, its contents and/or Tot Oli's distinctive signs.
It is expressly prohibited the reproduction of elements or contents of the Website in order to make profit or with commercial purposes.
4.‐ Limitation of liability
The User admits and accepts that the use of the Website is realized at all time under his entire risk and responsibility, for what Tot Oli does not take responsibility of the misuse that could be made of the Portal. To this end, it only will be responsible for the damages that the User could suffer for the use of the Website, when the above mentioned damages are due to our fraudulent action.
In particular, Tot Oli will not be responsible of:
- The content of the sites connected through the links included on the Website. In this regard, there will ensue from application the terms gathered in the paragraph 5 of the present Legal Notice.
- The damages and prejudices of any type caused in the IT equipments of the User caused by virus, computer worms, Trojans or any another harmful element. The User admits that the use of the Internet supposes the assumption of a risk that his IT equipments could be affected by the elements before enunciated. To this end, it corresponds to the User, in any case, the availability of tools adapted for the detection and elimination of electronic harmful programs.
- Any type of damages produced to the User which may result in failures or disconnection in the networks of telecommunications that produce the suspension, cancellation or interruption of the service of the Website during the presentation of the same one or with previous character. In this regard, the User admits that the access to the Portal needs of services supplied by third parties external to Tot Oli's control (for example: operators of networks of telecommunications, suppliers of access, and so on) whose reliability, quality, continuity and functioning does not correspond to Tot Oli.
The Website includes technical devices of linking (links) that allow to the User to access to other websites and Internet portals (hereafter, “Linked Sites”). In these cases, Tot Oli acts as a lender of services of intermediation in accordance with the article 17 of the LSSI, and it only will be responsible for the contents and services supplied in the Linked Sites to the extent that it has effective knowledge of the unlawfulness and have not deactivated the link with due diligence. Supposing that the User thinks that there is a Linked Site with illicit or inadequate contents, we request to communicate it to Tot Oli by email (email@example.com). In no case, this communication will carry the obligation to withdraw the corresponding link.
The existence of Linked Sites doesn’t imply that Tot Oli has effective knowledge or of other type of the services and contents in case of unlawfulness, neither it supports necessarily agreements with the people in charge or holders of the Linked Sites. Neither the existence of those links implies recommendation, promotion, identification or Tot Oli's conformity with the manifestations, contents or services provided through the Linked Sites. In consequence, Tot Oli is not responsible for the content of the Linked Sites, neither for its conditions of use and policies of confidentiality, being the User the only one responsible of verifying them and to accept them whenever they access and uses the same ones.
The User and, in general, any natural or juridical person who proposes to establish a link from their website to the Portal, will have to obtain a previous authorization and in writing from Tot Oli. The establishment of the above mentioned link, it doesn’t involve, in any case, the existence of relations between Tot Oli and the owner or holder of the website, neither the acceptance nor approval by Tot Oli of its contents or services.
In any case, Tot Oli reserves the right to forbid or render useless at any time the links to the Website, especially in the suppositions of unlawfulness of the activity or contents of the website in which the link is included.
The User will be able to deactivate the cookies freely. In case the User decides to deactivate the cookies, the quality and rapidity of the service can diminish and, even, they will lose the access to some of the services offered in the Portal.
7.- General aspects
The use of the Website is regulated and interpreted according to the Spanish law and there will be understood that, just by using the Portal, the User agrees in that any conflict or litigation that arises between the User and Tot Oli will be dealt with the competent courts according to the applicable legislation.
In the case that some of the dispositions contained in the present Legal Notice were declared void, one will proceed to the retreat or substitution of the same one. In any case, the above mentioned declaration of nullity will not concern the validity of the rest of regulations gathered in the present Legal Notice.
In fulfillment of the disposed in the Law 15/1.999, of December 13, about Protection of Information of Personal Character (in forward, "LOPI") its regulation of development, we inform that the information that you facilitate to us on the occasion of your registration in the website www.totoli.es (hereafter the "Portal"), as well as the derivatives of the commercial relationship and/or delivery of the products acquired through the same one, will be incorporated into a file, which is Tot Oli's responsibility. The purpose of the treatment is the commercialization of the products offered by Tot Oli in the Portal, including the Service of Attention to the Client, the attention of enquiries and requests of information, as well as the management of claims.
Unless otherwise indicated, all the information that we request in the process of registration and the available forms in Tot Oli are obligatory, in such a way that the omission of someone of them, it might imply the impossibility that we could give you the requested services and/or address your requests. We ask you to communicate to us immediately any modification of your information so that the information contained in our files should be updated at all time and should not contain mistakes. In this respect, you state that the information and the data that you facilitate to us are exact, current and true.
the process of registration, the User expressly give his consent to his information could be treated by Tot Oli with the purpose to send commercial information (including the electronic newsletter) about the products commercialized by Tot Oli, and on the activities and services that Tot Oli develops, as well as third companies that maintain commercial agreements with Tot Oli and which offer their products and services through the Website, by post, e-mail, SMS, or any another mean of electronic equivalent communication, as well as in order that his information is treated to make segmentations and/or to elaborate profiles with identical promotional or advertising purpose, though adapted to his profile like user of Tot Oli's services.
At any time, You will be able to exercise the right of access, rectification, cancellation and opposition, as well as to revoke your consent for the commercial treatment of your information. To that end, you can either:
- Send a written communication to, Tot Oli, Customer Service, carrer Esglesia 28, 46714 Palmera, Valencia, attaching a photocopy of your ID card or official document that accredits your identity.
- Send an email to firstname.lastname@example.org indicating your Name, Surnames, contact telephone number and a photocopy of your ID card or official document that accredits your identity.
Finally, we inform you that Tot Oli will always treat your information absolutely confidential and keeping the obligation of secrecy with respect to it, according to the regulation of application, adopting the necessary technical and organizational measures that guarantee the safety of your information and avoid its alteration, loss, treatment or not authorized access, given the condition of the technology, the nature of the stored information and the risks to which they are exposed.
1.- Aim and general aspects
The current General Conditions of Contracting (hereafter, the "General Conditions"), together with the particular conditions that could be established, regulate the conditions of purchase of products through the website Vicente Todolí www.totoli.es (hereafter, the "Website" or the "Portal"), Vicente Todolí's ownership, with NIF. 19.983.999-N, whose registered office is in carrer Esglesia, number 28, in the locality of Palmera, Valencia.
The use of the services of the Website, as well as the acquisition of any of the offered products, supposes the acceptance by the User, without any kind of reservations, of each of the present General Conditions. The registration in the Portal and the use of the services involves that your information as User will become part of Tot Oli's files, and its treatment will be in accordance to as expected in the Policy of Privacy, which the User declares expressly to know and to agree.
Tot Oli provides information about the products, and offers the possibility of their acquisition through the Website. The people who expect to acquire products must have the condition of "Registered User " or of "Invited User", which conditions are acquired completing the respective form of registration before the process of purchase and following the steps that Tot Oli later communicates through the Website.
The current General Conditions, together with the Legal Notice and the Policy of Privacy of the Website, are the only conditions applicable to the use of the Portal and to the purchase of the products through the same one and substitute any other conditions, except previous agreement and in writing between Tot Oli and the User. In consequence, the User who accesses to the Website registers himself and makes the purchase of products through the Portal he agrees to submit and agrees to be bound by the General Conditions, Legal Notice and the Policy of Privacy as they are written in the moment in which one accesses to the Website.
Every User who registers in the Website must have, at least, eighteen (18) years.
2.- Information about the products
The pictures, graphical or iconographic representations and videos relative to Tot Oli's Products, as well as trade names, brands or any kind of distinctive signs contained in the Website, have as an object to provide the most information, nevertheless, the User has to take into account that they have an intention to guide and, in consequence, they lack exhaustive character.
Tot Oli reserves the right to decide, in every moment, the products offered to the Users through the Portal. Thus, Tot Oli will be able to add at any time new products to the included ones in the Portal, being understood, except that one arranges another thing, that such new products shall be governed by the provisions in the General Conditions that they find in force in that moment.
Likewise, Tot Oli reserves the right to stop facilitating the access, at any time and without previous notice, to any of the products offered in the Portal.
n the case in which, due to majeure circumstances, a product is not available after the purchase having been made, Tot Oli will inform the User by email of the total cancellation or, where appropriate, partially of the order. The partial cancellation of the order does not give right of cancellation of the total of the order, without prejudice to the exercise of the right to desist that corresponds to the User according to the established in the current General Conditions.
3.- Purchase system
To proceed to the purchase of the product, the registered or invited User, who has to be over 18 years old, will have to select the product that he wants to buy and to add it to the Basket of the Purchase. Once completed the selection of products, the User will have to click the icon "Finish". Then, the selected products will be indicated for their purchase and the User will have to select the delivery of the products to the address got in his information of registration (being able to choose among any of the addresses contained in his information of registration). Finally, the User will have to click the button "Confirm and pay”.
The User's name, the email address and the password facilitated to Tot Oli are identifying elements and enablers to access and to make the purchases and they are personal and non-transferable. The name of the User, the password and the email address will be able to be modified, in which case the modified password, User's name and/or email address will lose its validity.
Once the process of purchase is finished, Tot Oli will send to the email facilitated by the User, an email of confirmation of the receipt of the order in the next twenty-four (24) hours following the placing of the same one. The confirmation of the order sent by Tot Oli will not take validity as an invoice, only as a proof of purchase. The Customer Service of Tot Oli will send to the User the corresponding invoice in a term lower than thirty (30) days from the execution of the purchase.
4.- Prices of the products
The prices of the products offered in the Website include all the applicable taxes. The shipping costs of the products on behalf of the buyer will be detailed and broken down in the description of the order.
Tot Oli reserves the right to modify the prices expressed in the Website, at any time. The products will be invoiced to the current price stated in the Website, in the moment of the registration of the order.
5.- Payment of the products
The payment of the price of the bought goods and of the shipping costs, which will appear on screen, will be able to be made by credit card and by other systems of payment indicated in the Website.
To proceed with the payment, the User will have to follow the instructions that appear on screen depending on the chosen system of payment.
As system of electronic payment, Tot Oli uses the system HIPAY WALLET. All the information provided to these effects is encrypted under the protocol SSL (Secure Socket Layers) to guarantee the maximum security of the same ones.
The User will have to notify Tot Oli, through email@example.com any undue or fraudulent charge in the account provided for purchases in the Website, as soon as possible, in order that Tot Oli could make the proper arrangements.
6.- Delivery of the products
Tot Oli undertakes to deliver the products acquired by the User in the process of purchase in the as brief as possible period, and in any case, in a period of thirty (30) calendar days from the date of the order placement. The delivery will be made, in the address indicated to this end in the process of registration in the Shop Tot Oli, products will not be delivered neither in P.O. boxes nor phone booths.
Tot Oli will not be responsible for the mistakes or damages caused in the delivery when the address of delivery facilitated by the User does not adjust to the place of delivery wanted by the same one.
7.- The return of products
(i) Right of cancellation
The User will have a maximum period of fourteen (14) calendar days from the delivery of the product to desist, total or partially, from the purchase of the product, according to the applicable legislation.
Once finished the period of fourteen (14) calendar days, Tot Oli will not accept returns for cancellation of purchases of products.
In the supposition of desisting from the purchase of a product, the User will have to contact Tot Oli by email to firstname.lastname@example.org. In any case, in the supposition of desisting from the purchase, the following requirements will have to be fulfilled:
1) The product must be in the same condition in which it was delivered and it will have to preserve its original packing and labeling.
2) The return to Tot Oli must be done using the same box or envelope used in the delivery or, where that is not possible, in some similar format that guarantees the return of the products in perfect condition.
3) There will have to be included a copy of the receipt of the purchase and the delivery note of the products inside the parcel, where in addition the return products will be indicated and the reason of the return.
The returns of the orders will have to be sent to Tot Oli's address, Esglesia street, 28, 46714 Palmera, Valencia. The User will assume the delivery costs for return in case of exercise of the right of cancellation.
(ii) The return of defective products
Without prejudice of any other rights that could correspond to him, the User will have right to the refund of the price of the defective products or of the delivered products if they do not correspond with the order made by the User. Alternatively, the User will have right to demand, and to receive the same product, in perfect condition.
In the suppositions of return to Tot Oli of defective products or that do not correspond with his order, this one will have to carry out on the part of the User by the procedure established in the previous paragraph (i), though the User, in this case, will not have to cover the expenses of return of the above mentioned products.
Providing that the User has followed the procedure established in the previous paragraph (i) and there have been fulfilled the requirements established in this paragraph, Tot Oli will reimburse the paid price corresponding to the returned products that are defective or that do not correspond with the order of products made by the User, according with the established in the following paragraph (iii).
(iii) Reimbursement of the Price of the products to the User
Providing that the User has followed the procedure established in this paragraph and the requirements established in the same one have been fulfilled, Tot Oli will reimburse the price paid by the User corresponding to the returned products. In case the return would be made in the right of cancellation of the User described in the paragraph (i) Tot Oli neither will pay nor will cover the expenses and/or costs of return.
The User will not have right to the reimbursement of the price of the returned products that were not in the same conditions in which they were delivered, or there have not been fulfilled the requirements established in the present General Conditions.
The partial returns of an order will result in the reimbursement of the price corresponding to the product or products really returned.
Tot Oli will manage the order of return of the price by the same system of payment used by the User for the acquisition of the products, within a period of thirty (30) days from the withdrawal of the returned order and once Tot Oli has verified that the returned products comply with the requirements established in the previous paragraphs (i) and the (ii). The application of the return of the price in the account of the User will depend on the bank entity.
8.- Modification of the General Conditions
Tot Oli reserves the right to modify, at any time and without previous notice, the presentation and configuration of the Website, as well as the General Conditions. The Users always will have these General Conditions in a visible place, accessible for all the enquiries wanted to be made. The Users promise to read carefully these General Conditions whenever they accede to the shop of the Website. In any case, the acceptance of the General Conditions will be a previous and indispensable step to the contracting of any available product through the Website.
9.- Communications between Tot Oli and the User
All the communications between Tot Oli and the User regarding these General Conditions or the acquisition of the products through the Website, will be made in writing and according to the procedures of communication established in these General Conditions for every particular case.
For the rest of assumptions that are not expressly regulated in these General Conditions, the communications that the User wants to send to Tot Oli will go to Tot Oli's address indicated in the First Condition and there will be made in writing and with a system that allows to confirm the content and the receipt by Tot Oli of the corresponding communication.
10.- Integrity of the General Conditions
The current General Conditions, the Policy of Privacy and the Legal Notice constitute the express and unique will of Tot Oli and the User in relation with his purpose and it invalidates and replaces any other agreements or contracts, verbal or in writing, previously reached by the parties.
11.- Partial nullity
In the event of any Clause of the current General Conditions is declared void, one will proceed to the retreat or substitution of the same one. In any case, the above mentioned declaration of nullity will not concern the validity of the rest of regulations gathered in the current General Conditions.
12.- Applicable Law and Jurisdiction
The current General Conditions are ruled and interpreted according to the Spanish Law.
In the event of any type of discrepancy or claim between the parts in relation with the fulfillment or the content of the present General Conditions, the parties agree to submit the decision of the issue raised, to the competent Courts according to the applicable legislation.