1. General Information
This section establishes the particular conditions that will govern the relations between Lydia Cakes (hereinafter “the owner of the website”) and any client/user who makes an online purchase through this portal.
The parties agree that their relations will be governed by the general conditions contained in the “legal notice” section as well as by the particular conditions regarding electronic commerce established in this section. All of them accessible on the portal, and must be, in any case, previously accepted by the client. In the event of their modification by the owner of the website, the conditions to apply to each client/user will always be those that they accepted at the time of making their purchase.
The client/user, prior to contracting and in any case during the purchase process, may access, archive and print these general contract conditions for consultation. These contract conditions will be available in Spanish. We have the right to review and modify these Conditions at any time.
The client/user declares that he or she is eighteen years old, and has full legal capacity to make a purchase and sale on the website www.lydiacakes.com. In order to purchase any product offered on the portal, it is necessary to connect and register as a user/client, completing the electronic form that appears at all times on the store’s website and following the instructions indicated therein.
For such registration purposes, the Entity may provide the client/user with a User name and a secret key (“Password”). The User Name and Password provided by the Entity to the User are identifying and enabling elements to access the services and are personal and non-transferable. The owner of the website may make, with adequate notice, modifications to the User Name and/or password, in which case the modified passwords will lose their validity.
2.- Products
www.lydiacakes.com will try to capture, as accurately as possible, both the technical and aesthetic characteristics of the products.
The client/user must take into account that there may be slight differences between the appreciation of the product online and in reality/store; For this reason, she will have the possibility of withdrawing from her purchase taking into account the regulations in this regard that are reflected in the following sections.
Regarding the availability of the products offered on this portal, it is valid as long as the products are visible on it, with the available stock limits. As it is electronic commerce, the stock is updated online, so it could happen, eventually, that during the purchase process the stock runs out, making it impossible, therefore, in these cases, to continue with the purchase and sale that has been started.
In the event that there is a stock outage or specific unavailability of an item, the owner of the website will contact you to notify you and give you a new delivery time or, if it is not possible to serve you said product, proceed to cancel it. or, you will be offered, without implying a price increase, a product with similar characteristics that has the same or even higher quality.
3.- The price
The prices set on the portal www.lydiacakes.com are indicated in euros including VAT in each of them. The prices that appear on our website are shown excluding shipping costs.
The Retail Price of the item will always be indicated at the time the customer/user has completed the shopping cart, and the customer will be informed of the final price of their purchase before validating the payment. Prices may change at any time, but any changes will not affect orders for which we have already sent you an Order Confirmation.
Purchases destined for any of the territories of the Canary Islands, Ceuta, Melilla, Gibraltar and Andorra, regardless of the billing address, will be exempt from VAT, in accordance with current regulations on this matter.
Shipping costs are €6 (VAT included) in the areas designated for home delivery.
For shipments not in accordance with the general rates, costs are calculated in real time based on the weight and dimensions of the customer’s shopping basket.
In any case, shipping costs will be recalculated at all times when making the purchase through the portal, and will appear at all times in the customer’s shopping cart, clearly differentiated from the price of the item(s) included in it.
The customer will be informed of the final price of their purchase, including its transportation, before validating the payment.
4.- Purchase process
To proceed with the purchase of products, you must add the product you wish to purchase to the basket, according to the instructions on the screen, completing for this purpose the order form provided and validating it.
The validation of the order by the client/user expressly implies knowledge and acceptance of these general and particular contracting conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by the owner of the website constitute proof of all transactions carried out between www.lydiacakes.com and its clients. Therefore, the entity will archive the electronic document in which the contract is formalized and it will be accessible.
To place an order, you must follow the online purchasing procedure and click “Place order”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). Additionally, we will inform you by email that the product is being shipped (the “Shipping Confirmation”). Among the information that will be sent to you through this email is: the order identifier, details of the product characteristics, its price, shipping costs and the order invoice in pdf format.
5.- Payment method
The owner of the website proposes the following payment method:
Payment by Credit Card: Purchases can be paid with a Visa®, Mastercard® or American Express® credit card as well as with a 4B or 4B Maestro debit card (which implies an automatic charge). Payment is made through the secure Caixabank Comercia Global Payments Virtual POS Network network.
6.- Shipping
The products are sent to the shipping address that you have indicated in the order. Orders will be sent in national territory according to shipping conditions and rates. From your shopping cart you can select the type of shipping you want based on the area and delivery method you prefer. The shipping methods are:
– Standard Courier (national territory): Shipping of the order will depend on the carrier and will range between 24/48 business hours (Sundays not included) from confirmation of payment. All orders received after 12 noon on Saturday will be processed the following Monday.
– Pick up in store: The customer can pick up the order, once its availability is confirmed, in our store. As soon as it is available, the owner of the website will contact the customer to agree on the day and time for collection at the Montserrat store.
In the case of placing an order for several items with different availabilities, the shipping time will take into account the longest expected delivery. In exceptional cases, www.lydiacakes.com will reserve the right to break down the order, sending the available items and leaving the unavailable items pending a second shipment. In this case, the second shipment is made without any additional cost.
7.- Right of withdrawal
If you are not satisfied with the products purchased exclusively at www.lydiacakes.com, you have the right to withdraw from the contract by returning your purchases to our own online store, in accordance with the provisions of the following paragraphs.
Period for exercising the right of withdrawal: You can exercise the right of withdrawal without the need for justification within a period of 14 calendar days for all articles. This withdrawal period will expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
Refund due to withdrawal will not be possible in the cases contemplated in art. 103 of RD 1/2007 that regulates the consolidated text of the General Law for the Defense of Consumers and Users.
The consumer will be solely responsible for the decrease in the value of the goods resulting from their handling other than that necessary to establish their nature, characteristics or operation.
The client/user will have the possibility at any time to renounce the purchase made, even if confirmation has been made by the owner of the website www.lydiacakes.com by e-mail to the address info@lydiacakes.com, resulting in the return of the amount previously charged to the client/user, provided that the client’s order has not already been sent to its recipient at the time of receipt of the request by the client or is a product personalized exclusively at the request of the client/user according to their requirements.
If this were the case, the client/user must wait to receive the order to request a return, and once the order returns to our warehouse, and it verifies that both the packaging and the returned product are in perfect condition, you will be credited with the purchase amount, excluding shipping costs.
In any case, a delay within the indicated deadlines will not give the customer the right to demand any compensation.
To exercise the right of withdrawal, you must notify us at the address that appears in the legal notice or by writing to us by email or our contact form, of your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by postal mail or email).
8.- Product warranty
If you contract as a consumer and user, we offer you the manufacturer’s guarantee on the products that we sell through this website, in the terms legally established for each type of product, with the manufacturing company being responsible, therefore, for the lack of conformity. of the same that manifests itself within a period of two years from the delivery of the product.
It is understood that the products comply with the contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) they are suitable for the uses to which the products are ordinarily intended. of the same type and (iii) present the usual quality and performance of a product of the same type that are reasonably expected.
Unless proven otherwise, it will be presumed that the lack of conformity that appears within six months after the delivery of the product, whether new or second-hand, already existed when the thing was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.
In this sense, if any of the products do not comply with the contract as a wrong product, defective or in poor condition, you must inform us through www.lydiacakes.com and we will assist you as soon as possible to replace the product. for another with the same characteristics.
9.- Responsibility and exoneration of liability.
Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.
However, and unless otherwise provided by law, we will not accept any responsibility for the following losses, regardless of their origin:
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Loss of income or sales:
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loss of business;
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lost profits or loss of contracts;
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loss of anticipated savings;
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data loss; and
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loss of management time or office hours
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless stated expressly the opposite in it.
10.- Links from our website
In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from your use or from the malfunction of the website.
The owner of the website does not guarantee the legality, quality, reliability and usefulness of the services provided by third parties or those that the owner of the website acts solely as a mere advertising channel.
11.- Written communications
The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
12.- Notifications
The notifications you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.
It will be understood that notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter. To prove that notification has been given, it will be sufficient to prove, in the case of a letter, that it had the correct address, was correctly stamped and that it was properly delivered in the post office or in a mailbox and, in the case of an email, that it was sent to the email address specified by the recipient.
13.-Applicable legislation and jurisdiction
The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation.
Any controversy that may arise from access, use of this portal or online purchase is subject to the exclusive jurisdiction of the courts of the domicile of the owner of the website.
Legal texts reviewed and endorsed by:
ABOGADOS