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Legal terms Merchandise return
1. General
Except for a special agreement verified in writing, the sending of the order formulated by the Client implies his agreement with the present general conditions of sale. No stipulation made by the Client regarding the purchase conditions, letters, acknowledgments of receipt or other documents will differ from those that have not been previously expressly accepted by this Company. The information contained in the catalogs and price lists is only indicative. You can modify them at any time, without prior notice, depending on the evolution of economic conditions, in order to keep the client promptly informed of said changes.
2. Orders
All requests may be fomulated by written or phonecall. An order is not final until it is accepted by administration. Any stipulation that repeals or completes these general conditions of sale will be considered accepted by the Client if there is no written response from the latter.
3. Prices
“The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros.
The prices for shops and companies appear without value added tax (VAT) which will be detailed later on the invoice.
Stores that have an equivalence surcharge will also have it specified in the billing.
4. Reservation of ownership - Risks
4.1. Ownership of the products delivered is expressly reserved until full payment of the sale price, interest, expenses, etc. Consequently, payment will not be considered made, according to this provision, of bills of exchange, promissory notes, checks or any other title that creates an obligation to pay until the collection of said documents is successfully completed.
4.2. However, the risks are transferred to the Client from the delivery of the products. The Client agrees to the custody and conservation of the products and to subscribe the pertinent insurances in order to cover the damages and accidents that may be caused to the products.
4.3. In the event that the Client suspends payments, he may claim the products.
The amounts on account previously paid will remain in the hands of as a penalty clause.
5. Termination clause
5.1. The total or partial breach by the Client of any of its obligations, the failure to meet any payment when due, a delay by the Client in payment and, in particular, the knowledge of his protest or a guarantee on all or part of your business, could imply, at the discretion of , on the one hand, the expiration of the term and, consequently, the immediate enforceability of the outstanding amounts, as well as the interruption of all deliveries and, on the other, the termination of all contracts in course.
5.2. The termination of the contracts will take place by operation of law and without judicial formalities within a period of seven (7) days counted from the sending to the Client of the payment request, by registered letter with acknowledgment of receipt, stating the intention to use this clause.
5.3. In the event of carrying out this resolutive clause, or its representatives are expressly authorized to enter the Client's premises in order to recover the products affected by the application of the sixth section.
6. Right of withdrawal for consumers and users
You have the right to withdraw from this contract within a period of 14 calendar days without justification.
The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
To exercise the right of withdrawal, you must notify us:
Flora and Fauna SLU Group
C/ Guadalquivir, n17-A
Phone: +34 95 402 2235
info@ornithobird.com
Your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the withdrawal form model below, although its use is not mandatory.
To comply with the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.
We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first. You must return or deliver the goods directly to us or to Grupo Flora y Fauna SLU, Calle Guadalquivir 17 A, to the attention of Alberto Rodríguez without undue delay and, in any case, no later than 14 calendar days from the date in which you inform us of your decision to withdraw from the contract. The term will be considered fulfilled if the goods are returned before said term has expired”;
"You must assume the direct cost of returning the goods."
"You must assume the direct cost of returning the goods" You will only be responsible for the decrease in value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and operation of the goods.
Exceptions to the right of withdrawal
The right of withdrawal will not be applicable to contracts that refer to:
-The supply of goods whose price depends on fluctuations in the financial market that the employer cannot control and that may occur during the withdrawal period.
-The supply of goods made according to the specifications of the consumer and user or clearly personalized.
-The supply of goods that can deteriorate or expire quickly.
-The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
-The supply of goods that after their delivery and taking into account their nature have been mixed inseparably with other goods.
-The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered before 30 days, and whose real value depends on market fluctuations that the employer cannot control.
-The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
-The supply of daily press, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
7 Warranty
All our products are guaranteed against manufacturing defects for two years from the date of delivery. The guarantee does not include damage caused by misuse or habitual wear and tear as stated in the LGCU.
To make use of the guarantee, it is essential to keep the proof of purchase and the delivery note of the products.
In case of defective product, the client must send the products to the facilities of Grupo Flora y Fauna SLU, calle Guadalquivir nº 17 A, C.P:41510 Mairena del Alcor (Seville).
Flora and Fauna will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, within a period of 15 business days once the defective merchandise has been received at its facilities.
8 Order cancellation
If the cancellation of the order arrives before the departure of the merchandise, the client will not have any expense.
9 Force Majeure
The parties will not incur responsibility for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure. If the force majeure lasts beyond two (2) months, the contract can be terminated at the request of one of the two parties, without any type of compensation.