Allgemeine Geschäftsbedingungen (Englisch)
1. INTRODUCTION
Before using this website, we recommend that you carefully read the Contractual Conditions, as well as the Cookis, Privacy and Data Protection Policies. If you make purchases or adoption through this website www.mydolia.com , you agree to be bound by the conditions and other legal regulations detailed below. If you do not agree, do not use this website or make purchases or adoptions.
For the commercialization of our products, MyDolia has made free and various translations into languages, warning that the only valid legal version is the one in Spanish.
2. OUR DATA
The sale of items through this website is carried out under the name MYDOLIA, with address for notification purposes at Plaça de l'Església N ° 6, 43440 Espluga de Francolí (Tarragona). Contact phone +34 620297104 and email info.mydolia@gmail.com .
3. DATA PROTECTION POLICY
The personal data provided by you will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of such information, as provided in the Legal Notice section.
4. COMMITMENT TO USE THE WEB AND MARKETING OF PRODUCTS
By using this website you agree to: a) Do not make false or fraudulent orders. If this is the case, we will cancel the order. b) That the data and addresses provided are truthful and exact. If these data are not correct and complete we will not be able to complete your order. c) Said personal data will be used to contact you. d) When you make an order through this website, you state that you are over 18 years of age and have the legal capacity to contract. Minors under 18 years of age may not contract.
5. ONLINE PURCHASE PROCEDURE
For the sponsorship or purchase of our products you must follow the procedure established on the web. After paying for a product from our store you will receive an acknowledgment email. In case of observing errors, you should contact us by email info.mydolia@gmail.com , to correct them.
If you wish to subscribe to one of our sponsorship plans, the order will be confirmed directly by submitting the form. Once the form is received, Mydolia will contact you by email with all the information of the sponsorship and the direct debit. Once the payment has been made, you will receive part or all of the product, as desired in accordance with the following point 7. With the acceptance of the budget you agree to maintain the sponsorship during the agricultural year of the harvest. This will be automatically renewed, if it is your will. If, on the other hand, you wish to cancel the subscription, see point 17.
6. SUBJECT TO PRODUCT AVAILABILITY
If for any reason it is not possible to deliver the product in the agreed time and in the established amount, we will refund the amount paid and not consumed. All orders are subject to product availability.
In the event of frost, hail or loss of the harvest for any reason, you will have the right to request a refund of the amount paid for your sponsored olive trees or vineyards, without under any circumstances being a penalty or generating contractual or extra-contractual civil liability some on both sides. In these cases, if you wish and with prior information from us, we can offer you a similar product (not organic) from other local producers that market similar oils or wine. For this we will need your confirmation by mail to info.mydolia@gmail.com
If due to product customization or delay in our suppliers, shipping is delayed, it will not mean the order will be terminated nor will MyDolia be liable. MyDolia will try to speed up personalization and send the personalized order as soon as possible.
7. THE DELIVERY
Except for the unforeseen causes of point 6, MyDolia will send you the confirmed product after payment, within the established deadlines and depending on the availability of the carrier.
If you have contracted a sponsorship, the first delivery will be made two weeks after the subscription is paid. For successive years, delivery will take place in January, one month after harvesting and product development. On the other hand, if there is a desire on your part to receive the divided shipment, contact us at info.mydolia@gmail.com .
It will be understood that the delivery has occurred when you or a third party indicated by you have acquired the material possession of the product, which will be justified by the signature of receipt of the order at the address agreed by you.
If the delivery times are delayed by causes beyond our control (loss of the crop due to inclement weather or others, transport problems, etc.), MyDolia will not be responsible for civil or non-contractual contract.
In case of unsuccessful impossibility of sending the order, it will be communicated to you by email. In this case and if the delay is more than 30 days, you will be entitled to a refund or to receive the order without transportation costs.
At the time of receiving the order and before signing the acknowledgment of receipt ("Proof of Delivery" or "POD") you must check that the boxes or packaging are closed and unopened, as well as that no box / bottle or container is missing Of the order. In the opposite case, you must communicate your disagreement in detail to the carrier and keep a proof of the disagreement as well as a photo of what you consider a poor reception of the packaging, communicating it to info.mydolia@gmail.com immediately, attaching a photograph of the receipt claim and other photo of the defective packaging. While you should not open the boxes waiting for MyDolia to tell you how to proceed.
We will not accept your return if you do not record your claim on the order delivery receipt.
Once the order is received correctly, but the products have hidden defects that make them unusable for consumption, you will notify us as soon as possible and always within 14 days from receipt at info.mydolia@gmail.com , indicating the reason and a photo if possible.
Transit times may vary depending on the country and locality you choose as the delivery address.
8. IMPOSSIBILITY OF DELIVERY
In the event that it is not possible to receive the order on the agreed day and time, contact the carrier to arrange another day. In the event that 15 days elapse after your order is available for delivery, and the order has not been delivered for a reason not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund the amount of the products discounting the logistics costs of the failed delivery once the order is returned to us.
9. THE COST AND METHOD OF PAYMENT
The price of the products are conditioned to the annual production costs, with which they may vary according to these in the future. However, changes in prices will not affect the products that you have contracted annually or the orders in which we have received a confirmation from you. Prices will include legally applicable tax charges.
The logistics shipping costs may vary depending on the transport costs that the buyer will bear.
To place the order you must follow the steps established on the web. The price will be charged once you have finished and verified all your data. It will be done by credit card, direct debit or Paypal.
In the case of sponsorship, payment will be made 3 business days after sending the sponsorship form and therefore having accepted the MyDolia terms and conditions. This payment will be made by direct debit. Before each payment of the subscription to the sponsor, you will be notified with 3 working days in advance by email.
To minimize the risk of unauthorized access, your credit card details and IBAN and BIC numbers will be encrypted. Credit cards and bank accounts will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we will not be able to formalize any contract with you.
10. BILLING
Purchases will generate a purchase ticket with taxes included. In case you need an invoice, you must send us the necessary data: registered office, Tax Identification Number (NIF / DNI), full address, in these cases we will send you an electronic invoice, unless you state that you want it on paper.
11. RETURNS
In accordance with the provisions of article 102 and following of the Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, you will have fourteen (14) calendar days from receipt of the shipment to request the withdrawal of this contract and the refund of the amount paid for the unconsumed and sealed products.
In the event that you wish to exercise the right of withdrawal and cancel a subscription , you must send to info.mydolia@gmail.com a letter with your data expressing your desire to terminate the sponsorship, up to a month before the annual deadlines of the payment of sponsorship. Thus, the cancellation of the subscription can be made until November 31. This will mean that you will stop receiving the products derived from the sponsorship from the moment MyDolia receives your request to withdraw, generating no more producer shipments or collection of sponsorship fees.
In the case of products from the store, the withdrawal will mean the return of the price of non-perishable products that have been returned in due time and form. We will proceed to make said refund using the same means of payment used by you for the purchase. You must return the products to us as soon as possible and in any case, within a maximum period of 14 calendar days from the date you communicate your decision to withdraw from the contract. To do this, you must contact MyDolia on tel +34 620 297 104 or +49 176 458 224 09.
In the event that the production of our fields suffers a decrease due to inclement weather, diseases or intermittent production cycles, Mydolai may substitute said production for that of other fields of its property in which its production is of the same variety and quality. However, olive and wine products could vary in their organoleptic qualities in a substantial way, mainly in their appearance, color, smell and taste. These qualities may not be the reason for any return.
The right of withdrawal will not apply to the delivery of: a) personalized products: oil with packaging and personalized wine bottles with a name chosen by you unless the product was damaged or defective upon receipt. b) products that do not allow their return due to hygiene or health protection reasons if they have been unsealed by you after delivery, or that were, after delivery, inseparably mixed with other products. c) The products of Crowdfarming for being of a special nature will be governed by the Crowdfarming contract of which you will receive a copy in the order confirmation of the tree.
However, if you consider that part of the products received are not in suitable conditions for consumption, you must notify us in writing at info.mydolia@gmail.com within the first 48 hours of receiving the box, providing photographs of the food in poor condition inside the original box. Our team will contact you to propose additional solutions. However, the rights recognized by current legislation are safe.
12. VISITS TO OUR FIELDS
Our fields are open to you. If you have sponsored an olive tree or vineyards you can come to visit them by making an appointment through our website advising of the exact number of visitors. We will not be able to attend any visit that has not been previously requested and we will not be able to attend the visits that have not been confirmed in writing by a member of our team. The visit will take place under the supervision and in the company of MyDolia staff. It is not allowed to appear at the farm to visit it without an appointment. MyDolia reserves the right not to authorize the entrance to the farm to Clients or third parties if their staff considers the entry inappropriate for any reason.
13. DISCLAIMER OF LIABILITY
MyDolia is not responsible for the computer security in the storage and transmission of digital information and the security of the information transmitted or obtained through this website unless expressly stated otherwise therein. Neither will we be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from the same or to which it redirects.
Furthermore, our liability is limited to the price paid for the products. Nor will we accept any responsibility, except by legal provision to the contrary, for the following causes allegedly caused by our products: a) loss of income or sales of the buyer. b) Loss of profit or loss of contracts c) Loss of data, management time, etc.
We will not be able to answer for our contractual obligations assumed in the event of force majeure beyond our will, such as strikes, lockouts, epidemics, fires, explosions, storm surges, floods, impossibility of the use of transport of all kinds, hakeos computer, government or administrative restrictions, riots or other social upheavals and other circumstances that are considered force majeure and that are beyond our reasonable control. In such cases, our obligations will be suspended for the duration of the force majeure, and we can resume our commitment by extending the term reasonably until we can fulfill our obligations.
For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
Depending on the market and the cost of production cycles, MyDolia may modify the terms and conditions, without these being retroactive for you. All changes will be published on our website, at which time they will take effect.
14. TRANSMISSION OF RISK AND PROPERTY
The risks of the products will be at your expense from the time of shipment.
You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including logistics costs, or at the time of delivery (as defined in clause 9 above), if this take place at a later time.
15. PRICE AND PAYMENT
All prices shown on this website include legally applicable taxes (VAT). The prices shown are final prices that do not include transport costs. Depending on the shipping country, we reserve the right to decide a minimum order to accept the order and send it at an ecologically and economically cost-effective transport cost.
Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent you an order confirmation.
If you have purchased a product from the “Crowdfarming” family, the logistics costs that you will pay on this website for collection, boxing and shipping will be renewed annually based on the costs of transportation, collection and packaging material.
Once you have selected all the items in our store that you want to buy, they will have been added to your cart and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested in each step. Also, during the purchase process, before making the payment, you can modify the details of your order.
The price of the products will be charged the instant you click to pay. To collect it, you will be asked to provide a payment method, be it a credit card, direct debit or Paypal (in some cases).
For sponsorship you will confirm the subscription once the form has been sent and thus having accepted our conditions policy. In this way, you accept the payment that will be automatically renewed annually, subject to provision against prior cancellation one month before collection. The first direct debit will be paid three working days after hiring the sponsorship service. The following direct debits will be collected in the first week of January, unless you want to split the direct debit into two payments (January and June) for sponsorships greater than 200 euros.
16. APPLICABLE LEGISLATION
The use of our website and product purchase contracts through said website will be governed by Spanish law. Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the courts of Tarragona. If you are hiring as a consumer, nothing in this clause will affect the rights that as such are recognized by current legislation.
17. CANCELLATIONS
In the event that you wish to exercise the right of withdrawal and cancel sponsorship, you must send to info.mydolia@gmail.com a letter with your data expressing your desire to terminate the subscription, up to one month before the annual payment deadlines expire. sponsorship. Thus, the cancellation of the subscription may be made until November 31 of each year.
If the cancellation has not been made within this period, the product of the sponsorship will be sent to you within the periods established in point 7.
18. COMPLAINTS AND CLAIMS
Any query, complaint or claim that you observe, please channel it through the email indicated info.mydolia@gmail.com . We have at your disposal official complaint forms available to consumers and users. Your complaints and claims before our customer service will be dealt with in the shortest possible time and, in any case, within the legally established period. If you as a consumer consider that your rights have been violated, you can address your complaints to us in order to request an out-of-court dispute resolution. In this sense, if the acquisition between you and us has been made online through our website, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an extrajudicial resolution of consumer disputes accessible through the Internet address (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES).
19. INDUSTRIAL AND INTELLECTUAL PROPERTY
You acknowledge and consent that all copyrights, trademarks (especially "Crowdfarming" and MyDolia and other industrial and intellectual property rights on the materials or content provided as part of the website correspond to us at all times. You may make use of such material only in the way that we expressly authorize it in writing, this will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.
20. NOTIFICATIONS
The notifications that you send us must be sent through our email address info.mydolia@gmail.com . In accordance with the provisions of clause 19 above and unless otherwise stipulated, we may send you communications either by e-mail or at the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email was sent, or three days after the date of postage of any letter. To prove that the notification has been made, it will be enough to prove, in the case of a letter, that it had the correct address, it was correctly sealed and that it was duly delivered by post or mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.
21. COMPLETE AGREEMENT
These Conditions and any document to which express reference is made therein constitute the entire agreement existing between you and us in relation to the object of the same and replace any other pact, agreement or previous promise agreed between you and us verbally or written. You and we acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by the two before the same, except as expressly mentioned in these Conditions. Neither you nor we will have action against any uncertain statement made by the other party, verbal or written, prior to the date of a contract (unless such uncertain statement had been made fraudulently) and the only action available to you the other party will be for breach of contract in accordance with the provisions of these Conditions.
​
​
LEGAL WARNING
​
MYDOLIA, provided with NIF 39645237E, address Pl. De l'Església. No 6 de l'Espluga de Francolí (Tarragona-Spain), cannot assume any responsibility derived from the incorrect, inappropriate or illicit use of the information that appears on the Internet page of www.mydolia.com With the limits established by law, does not assume any responsibility derived from the lack of veracity, integrity, updating and precision of the data or information that is contained in its Internet pages.
The contents and information do not bind MyDolia or constitute opinions, advice or legal advice of any kind as it is merely a service offered for informational and informative purposes.
​
The MyDolia website may contain links to other third party pages that MyDolia cannot control. Therefore, MyDolia cannot assume responsibilities for the content that may appear on third party pages.
​
The texts, images, sounds, animations, software and other content included on this website are the exclusive property of MyDolia or its licensors. Any act of transmission, distribution, assignment, reproduction, storage or total or partial public communication must have the express consent of MyDolia. Likewise, to access some of the services that MyDOlia offers through the website, you must provide some personal data. In compliance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of These data we inform you that, by completing these forms, your personal data will be incorporated and will be processed in MyDolia files in order to be able to provide and offer our services as well as to inform you of the improvements to the website. Likewise, we inform you of the possibility of exercising the rights of access, rectification, cancellation and opposition of your personal data, free of charge by email to info.mydolia@gmail.com or at MyDolia, Pl. Esgésia, 6 , 434480 L'Espluga de Francolí (Tarragona-Spain).