TERMS AND CONDITIONS
Eva Garcia Valiño, cif: 33.290.361T, Fonte de San Antonio 8, 2º, 15702 Santiago de Compostela, Spain, (hereinafter “erva” or “we”), operates an online shop at the internet address www.erva-design.com (the “Site”). All orders placed by you via the Website as well as our deliveries and services are governed exclusively by the General Terms and Conditions set out below, as applicable at the time the order is placed. We do not accept any diverging terms and conditions from the customer except where specifically agreed in writing.
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when completing an order you will be redirected to paypal where you will be required to provide payment details that you represent and warrant, that are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers until your order is completed.
Erva offers products for sale that are in stock and available for dispatch. Occasionally however, we may be waiting for shipments. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been received. Your rights regarding Advance Purchase are the same as those for any other purchase at Erva. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.
Prices shown on the Site are in Euros. All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Customers purchasing from a country outside the E.U. will incur relevant import duty and tax. Items will be posted DDU (delivery duty unpaid) and will be charged by erva for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from the carrier.
Please note that our online shop only accepts orders from the E.U., Switzerland, Hong Kong, Japan and U.S.A. For delliveries to any other country please contact us at email@example.com or directly here on the website under Contact.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and erva will be completed when we email you to confirm the goods have been dispatched
Orders will be shipped to the address provided when placing the order on our Site not the address provided on Paypal
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the terms and conditions
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Your payment options for orders with erva-design.com are Paypal (no account needed) with their accepted credit cards. You can also send a bank transfer
All payments and credit notes will be handled in euros.
All credit card information is solely provided to PayPal and is subject to their discretion.
INSURANCE AND DELIVERY
Erva insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by erva, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 24-48 hours on business days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. Erva is not responsible for any delays caused by destination customs clearance processes.
Orders in Spain will be send by Seur. E.U. and Switzerland by TNT (tracking number will be provided). For shipments to any other countries registered post will be used
You have the right to return unwanted items, to do so you should notify us within 14 days of receiving your order and returned goods should be received in our premises within 30 days of order receipt
Return transport charges and export/import taxes that may apply are at the customer expense
Items should be returned unused and with all garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
Returns will be credited to your account/card, any losses caused by currency fluctuations will not be refunded. Please note that shipping, handling and taxes charges will not be refunded.
For any questions about your right of return, please contact our Customer Care Team: firstname.lastname@example.org or using our contact form here.
INTELLECTUAL PROPERTY RIGHTS
Your use of the Sites and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below) All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by erva and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. erva tries to ensure that the information on this site is accurate and complete. erva does not promise that erva-design.com’s Content is accurate or error-free. erva does not promise that the functional aspects of the Site or erva-design.com’s Content will be error free or that this Site, erva Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
NO COMMERCIAL USE
This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis.
LIMITS ON OUR LIABILITY
We accept liability arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents
If erva breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and erva at the time of you placing your order, and erva dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control.
At our request, you agree to compensate us fully, defend us, and hold us erva harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terma and conditions by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
If you breach the Terma and conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms and conditions.
The Terms and Conditions together with all our policies and procedures will be governed by and construed in accordance to the relevant Spanish law and the relevant courts of Spain will have exclusive jurisdiction