General Conditions of Use and Contracting
These General Terms and Conditions of Use and Contracting (hereinafter, the “Terms and Conditions”) govern the access and use of the website accessible through the domain name www.ventyly.com and its subdomains (hereinafter, the “Website”), as well as contracting products and/or services offered through it. The simple access to the Website attributes to the person who use it the condition of user (hereinafter, the “User”) and implies the acceptance of all the terms included in these Terms and Conditions. In case of not agreeing with these Terms and Conditions, the User must immediately leave the Website without using it.
By means of the acceptance of these Terms and Conditions, the User states:
- That have read, understand and agree what is stated in these Terms and Conditions.
- That, in case you are willing to subscribe a service, you have sufficient legal capacity to do so.
- That, in the case of acting in the name and on behalf of a legal entity, you are in possession of the required and effective power to represent it.
- That is on the legal age.
1. Website’s General information
Website’s general information is as follows:
Owner: Online Lighting Services, S.L. (hereinafter, “O.L.S.”).
Registered office: Ausiàs Marc Street, 7, 2nd floor, 08010, Barcelona, Spain
Registration data: Barcelona Mercantile Registry, Volume 41379, Folio 1, Sheet 392173, 1st Registration.
2. Website access
The simple access to the Website is free except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.
3. Website use rules
The User agrees to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these Terms and Conditions. Likewise, it is obliged to make appropriate use of the services and/or contents of the Website and not to use them to carry out illicit activities or activities that constitute a crime, that violate the rights of third parties and/or that infringe the regulations on intellectual and industrial property, or any other norms of the applicable legal order.
By way of example, and in no case limiting or excluding, the User agrees to:
I.- Do not introduce or disseminate content or propaganda of a racist, xenophobic, pornographic nature, in support of terrorism or that violate human rights.
II.- Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.
III.- Do not disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public liberties recognized constitutionally and in international treaties.
IV.- Do not impersonate other Users using their registration keys to the different services and/or contents of the Website.
V.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the rights of intellectual and industrial property, patents, trademarks or copyright that correspond to the owners of the Website or to third parties.
VI.- Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of the secrecy of communications and the legislation on protection of personal data.
The User agrees to hold O.L.S. harmless before any possible claim, fine, penalty or sanction that may be required to bear as a result of the User’s failure to comply with any of the aforementioned rules of use, reserving O.L.S. the right to request the corresponding compensation for damages.
O.L.S. reserves the right to prohibit any User who violates the rules and obligations established in these Terms and Conditions, the use of the services offered through the Website.
4. Content and services linked through the Website
The Website may contain technical linking devices, directories and even other tools that allow the User to access other Internet pages and portals (hereinafter, “Linked Sites“). In those cases, O.L.S. will only be responsible for the content and services provided in the Linked Sites to the extent that it has effective knowledge of its illegality and has not deactivated the link to them with due diligence. In the event the User considers there is a Linked Site with illicit or inappropriate contents, the user can communicate it to O.L.S.
In any case, the existence of Linked Sites must presuppose the existence of agreements between O.L.S. and the responsible or owners thereof, either as the recommendation or promotion of the Linked Sites and or their contents by O.L.S. Unless expressly stated otherwise on the Website, O.L.S. does not know the contents and services of the Linked Sites and, therefore, is not responsible for any damages that may be caused to the User or any third party.
5. Intellectual and industrial property
The content of the Website is understood, for a merely enunciative but not exhaustive, as texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound content, as well as their graphic design and source codes, are under intellectual property of O.L.S. or third-party licensors, without which any of the exploitation rights recognized by the current regulations regarding intellectual property over them can be understood to be assigned to the User.
Trademarks, trade names and other distinctive signs published on the Website are owned by O.L.S. or third parties and/or licensors, without giving to the User any right over them.
6. Contracting of products and/or services
6.1. Main characteristics of the goods
The main characteristics of the goods offered through the Website can be found in the descriptive sheet with which they are presented.
6.2. Purchase procedure
The languages in which the contract can be formalized are Spanish and English.
The procedure to buy products through the Website is as follows:
- Click on any of the tabs of the different products.
- Select the desired product by clicking on the “Add to cart” button. The User will be able to see the selected products on the Website, being able to remove those that they do not want from the list before continuing with the purchase process. The User can enter the coupon code if he has a discount code. The User can consult the transport costs according to the shipping address that he indicates, by clicking on the “Update order” button. Then click on the “Place order” button.
- Finally, the User will see a screen message confirming the correct completion of the purchase process. The User will also receive an email confirming the correct completion of the purchase process.
O.L.S. will keep electronic proof of the contracting made by the User. The User will receive a copy by email and can request another one writing to firstname.lastname@example.org.
6.3. Correction and identification of errors in data entry
When the User forgets to fill in correctly any data indicated as mandatory in the corresponding form, the User will not be able to advance in the validation process until it has been completed. A message on the screen will warn the User of this circumstance.
The User can modify or update at any time the data provided during the purchase process, before its completion, going back to the desired step.
By accessing its account, the User may modify and/or update at any time the data provided at the time of registering as a user of the Website.
6.4. Delivery of orders
The User will receive its order within a maximum period of 24-48 hours from the date of purchase within the Iberian Peninsula for most product variations. Some variations can take up to 72 hours. International shipments are delivered within 3-4 days.
6.5. Price, payment methods and shipping costs
The prices indicated for each product on its corresponding sheet include, unless expressly stated otherwise, Value Added Tax (VAT) and, in any case, are expressed by default in Euro (€) currency. Said prices, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the purchased product or service.
The payment methods available on the Website are as follows:
- Credit card (Visa or Mastercard).
7. Right of withdrawal
7.1. Exercise period
The User can cancel the contract concluded through the Website within a period of 14 calendar days without the need for justification
In the case of a sales contract, the withdrawal period will expire 14 calendar days from the day on which the User or a third party indicated by him, other than the carrier, has acquired material possession of the goods.
To exercise the right of withdrawal, the User must notify O.L.S. its decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). The User can use the downloadable withdrawal form model here, although its use is not mandatory.
To meet the withdrawal period, it is sufficient that the User’s communication regarding the exercise of this right is sent before the corresponding period expires.
7.2. Consequences of withdrawal
In case of withdrawal, O.L.S. will return all payments that it has received from the User, including delivery costs without any undue delay and, in any case, no later than 14 calendar days from the date on which the User informs O.L.S. of its decision to withdraw from the contract. O.L.S. shall proceed to make such refund using the same means of payment used by the User for the initial transaction, unless expressly provided otherwise; in any case, the User will not incur any expenses as a consequence of the refund. O.L.S. can retain the refund until the User have received the goods, or until the User has presented proof of the return thereof, depending on which condition is met first.
The User must return or deliver the goods directly to O.L.S., without any undue delay and, in any case, no later than 14 calendar days from the date on which he communicates his decision to withdraw from the contract. The deadline will be considered fulfilled if the User return the goods before the deadline has expired. The User must bear the direct cost of returning the goods.
The User will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
8. Complaints, claims and requests for information
The User can direct their complaints, claims and/or requests for information to O.L.S., using any of the following channels:
- Sending a letter to Ausiàs Marc Street, 7, 2nd floor, 08010, Barcelona, Spain.
- Sending an email to the address email@example.com.
Calling the phone 902104808 from 09:00h to 18:00h, Monday to Friday except holidays.
O.L.S. has official complaint/claim sheets that the User can request.
9. Legal guarantee of conformity for products
The User is reminded that, in accordance with the provisions of articles 114 and following of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, all products delivered by OLS must be in accordance with the contract concluded, responding O.L.S. in front of the User for the lack of conformity that appears within a period of two years from the delivery of the product.
In its case, the lack of conformity resulting from an incorrect installation of the product will be equated to the lack of conformity of the product when the faulty installation has been carried out by the User due to an error in the installation instructions.
The scope and form of execution of the rights conferred on the User by said legal guarantee can be consulted in articles 114 and following of the aforementioned norm.
10. Nullity and ineffectiveness of clauses
If any clause included in these Terms and Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the rest of the Terms and Conditions in everything else and considered as such totally or partially disposed by not included.
11. Applicable legislation and competent jurisdiction
These Terms and Conditions will be governed and interpreted in accordance with Spanish legislation.
In case of controversy, the User can choose to file their claim before the Courts or Tribunals that correspond to its domicile.