Privacy Policy
- INTRODUCTION
- WEBSITE OWNERSHIP
- LINKS TO CONTENT
- TERMS OF USE
- REQUIREMENTS FOR REGISTERED USER STATUS
- USER OBLIGATIONS
- NOTIFICATIONS
- OFFER COVERAGE
- CONTRACT WITH MAISON OLIVA AND ORDER ACCEPTANCE
- PRODUCT RETURN POLICY
- PRODUCT AVAILABILITY
- PURCHASE PROCEDURE
- SHIPPING
- DELIVERY PROBLEMS
- TRANSFER OF RISK AND OWNERSHIP
- CURRENCY, TAXES, AND PAYMENT METHODS
- DEFECTIVE PRODUCT RETURNS
- PRODUCT INFORMATION
- LIABILITY AND DISCLAIMER
- FORCE MAJEURE EVENTS
- PRIVACY AND COOKIE POLICY
- APPLICABLE LAW
INTRODUCTION
We invite you to review the General Terms and Conditions that regulate the offer and sale of MAISON OLIVA products through the online store included on this website.
This document contains the terms that regulate the use of this website hosted under the domain www.maison-oliva.com, as well as any others that may be determined in the future, and the contract that binds us both, JUANJO OLIVA EDITION, S.L. – you and us – (hereinafter referred to as the "Terms"). These Terms establish the rights and obligations of all users (hereinafter "you"/"your") and those of MAISON OLIVA (hereinafter "we" and "our") in relation to browsing the website, acquiring user status, the rights and obligations associated with such status, as well as commercial transactions and the use of the services listed on the site.
By using this website, you are bound by these Terms, Privacy Policy, and Legal Notice, and we recommend that you carefully read these Terms. If you do not agree with them, you should leave the website.
These Terms could be modified at any time, so you must read them before placing each order.
All the products offered on www.maison-oliva.com are sold directly by "JUANJO OLIVA EDITION, S.L." with a registered office at Avenida Andalucía 38, 28041 Madrid, and with CIF number B-85567196.
CONTACT: For any type of question, inquiry, or suggestion, you can send your comments to the email contact@maison-oliva.com.
WEBSITE OWNERSHIP
All intellectual and industrial property rights of the domain www.maison-oliva.com as well as its content belong to MAISON OLIVA, so no user is authorized to use, print, or store them on any physical medium for any purpose other than personal and private use. Thus, the modification, decompilation, or commercial use of any part of it is prohibited.
The use of the content of the web domain is authorized only for informative and service purposes, provided that the source is cited or referenced, and the user is solely responsible for the misuse of the content.
Access to this website does not grant users any rights or ownership over the intellectual or industrial property rights or content hosted on it. Users who access this website cannot copy, modify, distribute, transmit, reproduce, publish, assign, or sell the aforementioned elements, nor create new products or services derived from the information obtained without prior and express written authorization from MAISON OLIVA.
Altering the content or structure of this website by the user is strictly prohibited.
MAISON OLIVA reserves the right to take legal action against users who violate or infringe intellectual and/or industrial property rights.
If the user detects any activity that could infringe any Intellectual Property, Industrial, or other types of rights, we ask that you notify us via our email address contact@maison-oliva.com.
The information displayed on the website is current as of the date of its last update. The company reserves the right to modify the contents of the web domain without prior notice and may limit or restrict access to the website.
LINKS TO CONTENT
MAISON OLIVA reserves the right to block electronic links directed to the website that have not been expressly authorized in advance.
If the website contains links to third-party content, MAISON OLIVA assumes no responsibility for the information contained on third-party websites or for the information contained therein.
MAISON OLIVA will remove any link as soon as it becomes aware, by any means, of the unlawfulness of its content or that it infringes upon the rights or property of a third party.
TERMS OF USE
These conditions are designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a company.
These conditions regulate the offer, acceptance of purchase, and delivery of MAISON OLIVA products between you and us.
MAISON OLIVA offers its products exclusively to end users to acquire goods without intent for resale.
The term "end user" refers to any individual or legal entity acting within www.maison-oliva.com for purposes other than their normal commercial, business, or professional activities.
MAISON OLIVA reserves the right to refuse orders made by individuals who are not the end user. Only registered end users who comply with these General Conditions may purchase goods and services marketed through the website.
REQUIREMENTS FOR REGISTERED USER STATUS
Acquiring registered user status allows access to restricted areas on the website, use of services that require prior identification, and purchase of MAISON OLIVA products that may be offered through the website.
Adults with full capacity to enter into contracts who accept these General Conditions can acquire registered user status. Becoming a registered user implies the express and unconditional acceptance of the terms of these General Conditions, which the user acknowledges having known beforehand. They may store and reproduce these terms. Registration is an essential requirement to contract services or purchase MAISON OLIVA products through the online store.
The username and password generated, which will allow the user to identify themselves and use the service, are strictly personal and confidential. The user is responsible for maintaining their confidentiality. Consequently, the user expressly accepts, unless proven otherwise, that we assume that the uses of the service made using their login credentials are carried out by the registered user, unless they have previously notified us of the loss or theft of these credentials.
The password can be freely changed by the user through the procedures we have established for this purpose. Once a new password is generated, the previous one will be void as a means of identification.
We may block access to and use of the website when deemed necessary for security reasons. The Service will be automatically blocked in the event of three successive login errors using the user’s credentials.
We will adopt the necessary organizational and technical measures in our computer systems to ensure proper use of the Service by users and prevent unauthorized access aimed at disclosing unauthorized financial information accessible through the Service.
USER OBLIGATIONS
The user is required to:
a) Provide MAISON OLIVA with all necessary data for accessing and using services that require prior identification, which must be accurate, current, and truthful. The user is required to provide accurate and correct personal information (name, surname, postal address, email, and other contact details) and agrees that we may use this information to contact them if necessary. If the user does not provide all the necessary information, we will not be able to process their order. In such cases, MAISON OLIVA will not be liable for any delays or failures in delivery resulting from the error or omission of this information.
b) The user may not place any fraudulent, false, or speculative orders. MAISON OLIVA reserves the right to cancel the order and/or notify the relevant authorities if there are reasonable grounds to believe it is fraudulent.
c) By placing an order on this website, you warrant that you are over 18 years old and have the legal capacity to enter into binding contracts.
d) Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password, as well as notify MAISON OLIVA immediately of any loss, theft, or unauthorized access to your username, and any third-party knowledge of them.
e) Make appropriate use of the Services included on the website, always in accordance with the law.
f) Refrain from engaging in any activity that disrupts or interferes with the operation of the Services included on the website.
g) Pay for MAISON OLIVA products that you have contracted through the website and any shipping and handling costs, if applicable.
NOTIFICATIONS
Some of the information or communications we send you will be in writing, as required by applicable law. Therefore, by using this website, you agree that most communications with us will be electronic. We will contact you via email or provide you with information by posting notices on this website. Consequently, you agree to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we send to you electronically comply with legal requirements to be in writing. This condition does not affect your statutory rights. We may send notifications to you by email or to the postal address you provide when placing an order. It will be understood that notifications have been received and correctly issued at the moment they are posted on our website, 24 hours after sending an email, or three days after the postmark date of any letter.
OFFER COVERAGE
The MAISON OLIVA products offered are distributed exclusively within Europe (excluding the UK), the United States, and the Middle East.
Any order with a delivery address outside these countries cannot be fulfilled. We are working on being able to deliver worldwide.
CONTRACT WITH MAISON OLIVA AND ORDER ACCEPTANCE
The content of our website is an invitation to do business. Until your order is accepted by us (even if the charge has already been made to your account), there will be no contract between you and us. If your order is not accepted and we have already charged you, the amount will be refunded in full.
After clicking "buy," you will receive an email acknowledging receipt. This does not imply that the order has been accepted, as it is an offer from you to us to make a purchase. Orders are subject to our review and acceptance. We will confirm acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this point will the contract between you and us be formalized.
Only the MAISON OLIVA products listed in the Shipping Confirmation will be part of the contract. We are not obligated to supply any other products that may have been part of the order until we confirm the shipment in a separate Shipping Confirmation.
MAISON OLIVA may choose not to fulfill orders that do not present sufficient creditworthiness, are incomplete or incorrect, or if the MAISON OLIVA products are unavailable, without liability to you or any third party. In any case, we commit to informing you, and if we have already charged you for the order, we will refund the amount you paid.
PRODUCT RETURN POLICY
You may withdraw from the contract within the greater of the following timeframes:
- Within fourteen (14) calendar days from the day you, or a third party indicated by you other than the carrier, acquired physical possession of the goods, or, in the case of multiple goods that make up your order delivered separately, within 14 calendar days from the day you, or a third party indicated by you other than the carrier, acquired physical possession of the last of those goods.
In the event of withdrawal, MAISON OLIVA will refund all payments received from you, including delivery costs if applicable.
Notwithstanding the above, if you have expressly chosen a delivery method other than the least expensive standard delivery, MAISON OLIVA will not refund the additional costs arising from this choice.
If the recipient of the MAISON OLIVA products is different from the person who made the payment, the refund will be made to the person who made the payment.
If you placed an order containing more than one item and do not wish to return all the items in the order, we will only refund the amount for the items you wish to return, without refunding any portion of the delivery costs related to the order. This is because the delivery costs to your address are fixed and are paid per order placed, regardless of the number of items in the order.
For returns by mail or courier, you must send the MAISON OLIVA products to the following address: Avenida de Andalucía 38, 28041 Madrid, Spain.
The right of withdrawal will be applicable as long as the MAISON OLIVA products are returned in the same condition as you received them, along with their complete original packaging, tags, and any related accessories.
We will determine whether the MAISON OLIVA products are in the same condition as they were sent to you. You will be responsible for any decrease in the value of the products resulting from handling them beyond what is necessary to establish their nature, characteristics, or functioning. Products that have been returned damaged, incomplete, worn, or dirty due to customer negligence will not be refunded and will be made available to the sender and returned at their expense.
Whichever payment method you used, the refund will be processed as soon as possible, but always within 14 calendar days from the date on which MAISON OLIVA is informed of the consumer's decision to withdraw from the contract. However, MAISON OLIVA may withhold the refund until it has received the products or until the consumer has provided proof of their return, whichever condition is met first.
You may exercise your right of withdrawal through any clear statement indicating your decision to withdraw from the contract.
The following are exceptions to the above provisions, and therefore, there will be no right of withdrawal in the following cases:
- The purchase of Personalized Products, for which there will be no right of withdrawal once the order has been placed. For these purposes, Personalized Products include all products where an individual choice or decision by the consumer is decisive in the product's creation, or where the consumer has requested the customization of some of its characteristics or components, such as, but not limited to, the inclusion or engraving of initials on the product. However, products made using standard options offered by MAISON OLIVA to the general public, such as color, pattern, or size, will not be considered personalized products.
- For health and hygiene reasons, the purchase of sealed goods, such as underwear and swimwear, that have been unsealed after delivery.
PRODUCT AVAILABILITY
You agree that the products offered by MAISON OLIVA in its online store are subject to stock limits. All orders for MAISON OLIVA products are subject to their availability. If any product is unavailable after placing your order, we will notify you as soon as possible. At that point, you may cancel your order.
The price of the products will be as stipulated on our website at all times.
MAISON OLIVA reserves the right to modify the products offered on the website at any time without prior notice. These modifications will not affect orders for which we have already sent a Shipping Confirmation.
PURCHASE PROCEDURE
The following procedure has been established for purchasing through the MAISON OLIVA website, which can be done in Spanish, English, or French.
The user must access the online store hosted on the MAISON OLIVA website, where the MAISON OLIVA products available for purchase through the online store are listed, along with the following information:
a) Product description, reference, size, characteristics, colors, composition, and photo.
b) Unit price.
c) Shipping costs.
d) Conditions of validity of the offer, if applicable.
Once the MAISON OLIVA product or products have been selected, the user must add them to the shopping cart on the website, indicating the quantity they wish to purchase. Once the selected MAISON OLIVA products have been added to the shopping cart, the user will be able to access the purchase summary, which must be accepted by clicking "buy," where the following information is detailed:
a) Product.
b) Description.
c) Add to Favorites.
d) Quantity.
e) Unit price.
f) Total price for each MAISON OLIVA product purchased.
g) Total purchase price.
h) Shipping costs and return policy.
If the user has a promotional code, they must include it at this time to benefit from the conditions resulting from its application.
Next, the user must provide their details. If the user is already registered, they must provide their username and password. If the user has not previously registered, they must create an account on the website.
Once the user has entered their details, they will access the Shipping Details page, where they can review their shipping and billing details, modify them, and request an invoice (only for Spain). Next, they will access the Shipping Confirmation page, where they will see the shipping and billing addresses, payment method, and if they wish, they can choose the option to send the order as a gift and write a card with a message. The user must accept the Purchase Conditions and proceed by clicking the "Buy" button.
Once the User Confirmation has been completed, an email will be sent to confirm that we have received the order and provide the corresponding order details. We will then proceed to review the order to ensure it meets all the requirements for processing. Once the review is complete, we will send an email confirming the order and its shipment or rejection.
SHIPPING
MAISON OLIVA products are shipped via a courier service. Your order will be delivered within a maximum of 15 business days from the date we confirmed your order.
Once your order has left our warehouse, you will receive an email notifying you that your order has been accepted and is being shipped.
Orders will be shipped to the delivery address you provided, so it is important that you pay attention when entering your delivery details. We are not responsible if the delivery address is incorrect or incomplete.
You can track the status of your order through our website.
For security reasons, MAISON OLIVA will not ship to PO boxes or military addresses, nor will we accept any order if it is impossible to identify the recipient of the order and their address.
If you choose PayPal as your payment method, once the order has been placed, no changes to the delivery address will be allowed.
Shipping costs will not be charged for purchases over 350 euros. If the total base price of the products is less than this amount, the shipping costs will be charged to the buyer.
DELIVERY PROBLEMS
If the timeframe indicated in the Shipping section for the selected shipping method has passed and you have not received your order, you should notify MAISON OLIVA of this circumstance.
If delivery is impossible, the courier company will contact you again to arrange a new delivery date. If at that time you wish to modify the initially selected delivery address and/or method, you will be responsible for any additional costs incurred as a result of these changes.
We will return any orders that cannot be delivered within fifteen calendar days due to a lack of response from the customer after the courier company's first attempt.
Once the orders have arrived at our warehouse, we will refund the order amount and the delivery costs. If you have expressly selected a delivery method different from the least expensive standard delivery method, MAISON OLIVA will not refund the additional costs resulting from this. Similarly, the costs of returning the order (return shipping to our warehouse) will be borne by you.
When your order is delivered, you must check that everything is in accordance with what you ordered. If there is any discrepancy or problem with the order, you must contact MAISON OLIVA at the contact email, providing your personal details and order number, detailing the discrepancy or problem, and we will contact you shortly to resolve the issue.
TRANSFER OF RISK AND OWNERSHIP
You acquire ownership of JUANJO OLIVA products at the moment you receive the shipping confirmation and the product leaves our warehouse. Responsibility for MAISON OLIVA products is transferred to the user at the time the order is delivered.
CURRENCY, TAXES, AND PAYMENT METHODS
The prices on our website are displayed in euros for all countries, except for the United Kingdom, where prices are displayed in pounds.
According to current legislation, all purchases made from our website will be subject to Value Added Tax (VAT) or any other applicable tax or fee based on the destination country.
According to Spanish law, we are required to issue an invoice for orders exceeding 3,000 euros (including taxes). For other destinations, the applicable legislation in those regions will apply.
If you are an EU VAT taxpayer (companies, entities, organizations...) with an intra-community VAT number, you will be exempt from VAT (not applicable for sales made in Portugal), provided that you send the document through our website.
Shipping costs will be added to the purchase summary before making the payment.
When entering the online store, we give you the option to choose the country from which you will make the purchase so that you can see the prices of MAISON OLIVA products based on the country. If at the time of purchase, you select a different country from the one you were viewing the products in, the prices and shipping costs displayed in the final order summary may vary.
The price of the products will be as stipulated at any given time on our website.
MAISON OLIVA reserves the right to modify the prices displayed on the website without prior notice. These modifications will not affect orders for which we have already sent the Shipping Confirmation.
All statutory rights are preserved.
MAISON OLIVA accepts payments via credit or debit card (Visa, Visa Electron, Mastercard, and Maestro, AMEX) and PayPal.
To protect the security of payments made by credit or debit card, we use secure payment systems. Confidential payment data is transmitted directly and encrypted (SSL) to the financial institution. When making a payment through a secure payment gateway, the system automatically verifies that the credit card is activated for Secure Electronic Commerce. It will then connect with the issuing bank, which will authorize the transaction.
Refunds will be made using the same payment method.
MAISON OLIVA complies with the regulations required by the various payment methods used to make purchases.
MAISON OLIVA reserves the right to verify personal data and take appropriate measures to ensure that the goods are delivered correctly.
DEFECTIVE PRODUCT RETURNS
If you receive an incorrect or defective order, please contact us immediately, within 24 hours, on our website, indicating the error or defect along with your personal details.
Incidents will be handled from the same country where the purchase was made.
In the case of packaging problems, you must notify the courier company when receiving the order.
We will carefully examine the returned product and notify you by email within a reasonable period if the return or replacement is appropriate (if applicable). The return or replacement of the item will be made as soon as possible, and in any case, within 30 days of the date on which we send you an email confirming that the return or replacement of the non-compliant item will proceed.
Amounts paid for products returned due to a defect, where one genuinely exists, will be fully refunded, including the shipping costs incurred to deliver the item and the costs you incurred to return it to us. The refund will be made in the same manner used to pay for the purchase.
Please note that applicable consumer and user legislation grants our products a legal warranty of 3 years from the date of delivery for non-conformity.
PRODUCT INFORMATION
The products displayed on our website are a carefully selected sample from our collection. We have taken great care to accurately display the colors and characteristics of our products. However, the calibration of each monitor varies, and we cannot guarantee that your monitor will display the colors with complete accuracy.
LIABILITY AND DISCLAIMER
Nothing in these purchase conditions excludes or limits our liability for (1) death or personal injury caused by our negligence, (2) fraudulent misrepresentation, or (3) any other liability that cannot be limited or excluded by applicable law.
Subject to the above paragraph and to the extent permitted by law, we shall not be liable for economic losses (including loss of income, data, profits, contracts, business, or anticipated savings) or loss of goodwill or reputation or special or indirect losses suffered or incurred by you arising from or in connection with these Terms.
The provisions in this section do not affect your statutory rights as a consumer or your right to withdraw from the contract.
FORCE MAJEURE EVENTS
We will not be liable for any failure or delay in fulfilling any of our obligations under a Contract due to events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events will include any act, event, non-performance, omission, or accident beyond our reasonable control and will specifically include (without limitation) the following:
- Strikes, lockouts, or other labor actions.
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport, or other public or private transportation.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations, or restrictions of other governments.
Our obligations under any Contract will be suspended for the period during which the Force Majeure Event continues, and we will be granted an extension of time to fulfill those obligations during that period. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution through which we can fulfill our obligations under the Contract despite the Force Majeure Event.
PRIVACY AND COOKIE POLICY
DATA CONTROLLER
Who is responsible for processing your personal data?
Identity: JUANJO OLIVA EDITION, S.L. (hereinafter "MAISON OLIVA")
Address: Avenida de Andalucía 38, 28041, Madrid-Spain.
Email: contact@maison-oliva.com
PURPOSES
For what purpose do we process your personal data?
In compliance with the provisions of European Regulation 2016/679 General Data Protection Regulation (GDPR), as well as any applicable national law, we inform you that at MAISON OLIVA we request only the data strictly necessary for the following purposes:
- Processing your registration as a customer and managing the purchase process.
- Sending commercial communications about MAISON OLIVA products (emails, phone calls, SMS, PUSH notifications, regular mail, etc.).
- Creating commercial profiles based on information obtained from internal and external sources, to send you personalized advertising and analyze your purchasing behavior.
- Preventing abuse and fraud (fraudulent activities, denial of service attacks, etc.).
- Transferring data to public authorities and entities (administrative or judicial) when required by legal and regulatory provisions.
DATA RETENTION PERIOD
How long will we keep your data?
Your data will be retained as long as the contractual relationship lasts, or they are necessary to fulfill the purpose for which they were obtained, or until you request their deletion, as well as for the time necessary to fulfill legal obligations.
LEGITIMATION
What is the legal basis for processing your personal data?
The legal basis for processing your personal data for each of the purposes (1) to (5) listed in the previous section (“Purposes”) is as follows:
- Purpose (1): The execution of a contract with MAISON OLIVA in relation to the purchase of products.
- Purpose (2): Express consent given to MAISON OLIVA at the time of collecting your personal data.
- Purpose (3): Express consent given to MAISON OLIVA at the time of collecting your personal data in relation to creating profiles based on external sources and a legitimate interest pursued by MAISON OLIVA in creating profiles based on internal sources.
- Purposes (4) and (5): Compliance with legal obligations applicable to MAISON OLIVA.
- Purpose (6): (i) The execution of a contract between the customer and MAISON OLIVA when the query or request relates to products purchased from MAISON OLIVA (order status, returns, etc.), and (ii) MAISON OLIVA's legitimate interest in addressing and resolving queries or requests that are unrelated to purchases made from MAISON OLIVA.
RECIPIENTS
To whom will your personal data be communicated?
Your personal data may be accessed by our service providers when necessary for the proper provision of services and the execution of the purposes for which the data were obtained. In this regard, your personal data may be accessed by:
(i) Shipping and logistics companies,
(ii) Financial entities for fraud detection and prevention,
(iii) Customer service providers,
(iv) Technology and analytics service providers,
(v) Advertising and digital marketing providers, who, in certain cases, may act as joint data controllers.
Additionally, your data may also be transferred to public authorities and entities (administrative or judicial) in cases where a legal rule establishes such an obligation.
RIGHTS
What are your rights when you provide us with your personal data, and how can you exercise them?
You have the right to access your personal data and request the rectification of inaccurate data or, where applicable, request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
In certain circumstances, you may request the restriction of the processing of your data, in which case we will only retain them for the exercise or defense of legal claims.
In certain circumstances and for reasons related to your particular situation, you may object to the processing of your data. MAISON OLIVA will stop processing the data, except for compelling legitimate reasons or the exercise or defense of possible legal claims.
You may also exercise the right to data portability, as well as withdraw any consent given at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.
If you wish to exercise any of your rights, you can contact us by sending a written communication to the email address contact@maison-oliva.com or our postal address at JUANJO OLIVA EDITION S.L., Avenida de Andalucía 38, 28041 Madrid, Spain. If we have reasonable doubts about the identity of the person exercising their rights, we may request that you provide us with a copy of an official document that identifies you (ID, driver’s license, or passport) to verify the identity of the requester.
Finally, we inform you that you can file a complaint with the Spanish Data Protection Agency or other competent public authorities for any claim arising from the processing of your personal data.
APPLICABLE LAW
The use of our website and the purchase contracts for products through said website will be governed by Spanish law.
Any dispute that arises or is related to the use of the website or such contracts will be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are contracting as a consumer, nothing in this clause will affect your rights as recognized by applicable law.