Terms and conditions

1. GENERAL INFORMATION

This website (www.adivin.com; hereinafter, the Website) is owned by: Adivin Beach Flag SA, with Tax ID No. (CIF) A93349777, registered in the Malaga Companies Registry under Volume 5310, Sheet 131, Page MA-124429, and with the following contact details: C/ Generación, 46-48, Pol. Ind. La Huertecilla, 29196 Málaga, Spain. Tel.: +34 952 31 60 22. Email: info@adivin.com.

This document (as well as the other documents mentioned herein) sets out the conditions governing the use of this Website (www.adivin.com) and the purchase or acquisition of products and/or services through the Website (hereinafter, the Conditions).

For the purposes of these Conditions, it is understood that the activity carried out by Adivin Beach Flag SA through the Website involves:

manufacturing flags, flagpoles and marquees with the aim of supplying flags and flagpoles to sign makers, graphic printers and advertising professionals throughout Europe.

In addition to reading these Conditions, before accessing, browsing and/or using the Website, the User must have read the Legal Notice and the General Terms and Conditions of Use, including Adivin Beach Flag SA’s Cookie Policy and its Privacy and Data Protection Policy.

By using this Website or by purchasing and/or requesting the acquisition of a product and/or service through this Website, the User agrees to be bound by these Conditions and by all of the above; if you do not agree to this, you should not use this Website.

We also inform you that these Conditions may be modified. The User is responsible for reviewing the Conditions every time he/she accesses, browses and/or uses the Website, since it will always be the conditions in force at the time of purchasing the products and/or services that will be applicable.

For any questions the User may have in relation to the Conditions, he/she may contact the owner of the Website using the contact details provided above or, where applicable, using the contact form.

2. THE USER

The action of accessing, browsing or using the Website confers the condition of user on the accessing party (hereinafter interchangeably referred to individually as User or jointly as Users). Therefore, all the Conditions established herein, as well as any subsequent modifications, are accepted from the moment the User begins browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations in each case.

The User accepts his/her responsibility to use the Website appropriately. This responsibility shall include:

• Using this Website solely to make enquiries and legally valid purchases or acquisitions.
• Not making any false or fraudulent purchases. If such a purchase can reasonably be considered to have been made, the purchase may be cancelled and the relevant authorities would be informed.
• Providing true and legitimate contact details, including email address, postal address and/or other details (see Legal Notice and General Terms and Conditions of Use).

The User declares his or herself to be over 18 years old and to have the legal capacity to enter into agreements through this Website.

The Website is mainly intended for Users who are resident in Spain. Adivin Beach Flag SA does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Adivin Beach Flag SA declines all liability derived from such access. Similarly, it does not guarantee shipments or provision of services outside Spain.

The User will be able, at his/her discretion, to formalise the purchase agreement with Adivin Beach Flag SA regarding the desired products and/or services in any of the languages in which these Conditions are available on the Website.

3. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may make purchases on the Website through the established means and forms. They must follow the Website’s online purchase and/or acquisition procedure, during which several products and/or services can be selected and added to the cart, basket or final shopping space, before finally clicking on: “Purchase the order”, located at the end of the purchase process within the distributor’s Portal.

The User must fill in and/or check the information requested at each step; however, the purchase data may be modified during the purchase process, before making the payment.

Next, the User will receive an email confirming that Adivin Beach Flag SA has received his/her order or purchase and/or service request (i.e. the order confirmation). When applicable, the User will also be informed by email when his/her purchase is being shipped. This information may also be made available to the User through his/her personal space when logged into the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice, which will be sent to the User by email. When applicable, this invoice will also be made available through his/her personal space when logged into the Website. Likewise, the User can, if he/she wishes, obtain a copy of a paper invoice by request to Adivin Beach Flag SA, using the Website’s contact forms or through the contact details provided above.

The User confirms that at the time of purchase he/she is aware of certain particular purchase conditions concerning the product and/or service in question, which are shown alongside the product or service’s description or image on the Website. These include, but are not limited to: name, price, components, weight, quantity, colour, details or characteristics of the products; manner in which the services will be carried out; and/or the cost of the services. The User acknowledges that placing the purchase or acquisition order represents a full and complete acceptance of the particular conditions of sale applicable in each case.

Unless expressly stated otherwise, Adivin Beach Flag SA is not the manufacturer of the products sold or potentially sold on the Website. Although Adivin Beach Flag SA makes every effort to ensure that the information displayed on the Website is correct, on occasion the packaging, materials and/or components of the products may contain additional or different information from that shown on the Website. Therefore, the User should take into account not only the information provided by the Website, but also the information available on the product labelling, as well as any warnings and/or instructions that accompany the product.

Any communications, purchase orders or payments involved in the transactions made on the Website may be filed and conserved in Adivin Beach Flag SA’s computerised registries to provide proof of these transactions. This will in all cases comply with reasonable security conditions and all applicable laws and regulations in force, particularly taking into account the Organic Law on Personal Data Protection (LOPD, for its initials in Spanish) and the rights held by Users according to this Website’s Privacy Policy (Legal Notice and General Terms and Conditions of Use).

4. AVAILABILITY

All purchase orders received by Adivin Beach Flag SA through the Website are subject to the availability of the products and to there being no circumstance or force majeure event (Clause 9 of these Conditions) that affects the supply of the products and/or the provision of the services. If there are any difficulties in the supply of products or if there are no products left in stock, Adivin Beach Flag SA commits to contacting the User and refunding any amount that may have been paid. This will also be applicable in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final prices, in Euros (€), and include taxes, unless a different rate is indicated and applied by legal requirement (especially with regard to VAT).

Shipping costs are included in the final prices of the products, as shown on the Website. Adivin Beach Flag SA carries out the delivery and/or shipping services through different transport companies depending on the customer’s location.

In no case will the Website automatically add additional costs to the price of a product or service; the final cost will reflect only those products or services that the User has selected and chosen voluntarily and freely.

Prices may change at any time; however, any possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment are: credit card, debit card, or bank transfer.

Credit cards will be subject to verification and authorisation by the bank that issued them. If the bank does not authorise the payment, Adivin Beach Flag SA will not be responsible for any delay or non-delivery, and will not be able to formalise any agreement with the User.

Once Adivin Beach Flag SA receives the purchase order from the User through the Website, a pre-authorisation will be carried out on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided is sent to the User, in the agreed upon form, and, where relevant, to the specified place.

By clicking on “I have read and accept the terms and conditions of use”, the User confirms that the payment method used is his/her own or that he/she is the legitimate holder of the gift card or voucher.

Purchase or acquisition orders in which the User selects payment via bank transfer will be reserved for 5 calendar days from the order confirmation date in order to leave sufficient time for the bank transfer to be accounted for by the payment system used by Adivin Beach Flag SA for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

When using this payment method, the User must ensure that he/she enters the exact amount of the purchase order correctly, as well as the account number and the transfer reference. In the event of an error, Adivin Beach Flag SA will not be able to validate the order, which will therefore be cancelled.

6. DELIVERY

In cases where the purchased product is physically delivered, these deliveries shall be made within the following territory: Spain (the Spanish Peninsula and Balearic Islands).

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, due to product customisation, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period specified on the Website according to the shipping method selected by the User, and always within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to itself, Adivin Beach Flag SA cannot comply with the delivery date, it will contact the User to inform him/her of this circumstance. The User may then choose to continue with the purchase by establishing a new delivery date or may cancel the order with a full refund of the amount paid. Home deliveries are always made on working days.

If it is not possible to deliver the order due to the User not being present, the order may be returned to the warehouse. However, in such a case the carrier would leave a notice explaining where the order is located and how to arrange its re-delivery.

If the User is not going to be at the place of delivery at the agreed time, he/she must contact the corresponding transport company to arrange the delivery for another day.

If 30 days pass after an order is available for delivery, and it has not been delivered for reasons not attributable to Adivin Beach Flag SA, Adivin Beach Flag SA will understand that the User wishes to withdraw from the purchase agreement, which will then be considered cancelled. As a consequence of the cancellation of the purchase agreement, all payments received from the User will be returned, with the exception of any additional expenses resulting from the User’s choice of delivery method (other than the least costly method of ordinary delivery offered by the Website), without any undue delay and always within a maximum period of 14 days from the date on which the purchase agreement is considered cancelled.

However, the User should bear in mind that there may be additional transport costs derived from the cancellation, which may be passed on to him/her.

For the purposes of these Conditions, it will be understood that delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be evidenced by a signature on receipt of the order at the agreed delivery address.

Any risks that may arise regarding the products will be borne by the User from the moment of delivery. The User becomes the owner of the products when Adivin Beach Flag SA receives the complete payment of all the amounts due in relation to the purchase or acquisition made, including shipment costs, or at the moment of delivery, if this takes place later than the moment Adivin Beach Flag SA receives the full payment.

In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or services will be understood to be located in the territory where Spanish VAT is applied if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time, depending on the specific article in question.

7. TECHNICAL MEANS FOR CORRECTING ERRORS

Users are informed that in the event they detect that an error has occurred when introducing data necessary to process their purchase request on the Website, they will be able to correct the error by contacting Adivin Beach Flag SA through the contact forms provided on the Website, and, where appropriate, by contacting the customer service, and/or using the contact details provided in Clause 1 (General Information). This information may also be corrected by the User through his/her personal space when logged into the Website.

In any case, before clicking on “Purchase the order”, the User has access to the space, cart, or basket where his/her purchase requests are noted, and can make modifications.

In addition, Users are invited to consult the Legal Notice and General Terms and Conditions of Use for further information on how to exercise their right of rectification in accordance with the provisions of Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

8. RETURNS

In cases where the User acquires products on or through the Website, he/she has a number of rights, as listed and described below:

 

Right of Withdrawal

The User, as both a consumer and a user, makes a purchase through the Website, and therefore has the right to withdraw from such a purchase within 14 calendar days, without the need for any justification.

This period of withdrawal will expire 14 calendar days from the day the User or a third party authorised by the User, other than the carrier, acquires material possession of the goods purchased on Adivin Beach Flag SA’s Website, or, in the event that the goods comprising the order are delivered separately, 14 calendar days from the day that the User or a third party authorised by the User, other than the carrier, acquires material possession of the last of the goods that comprised the same purchase order.

In order to exercise this right of withdrawal, the User must notify Adivin Beach Flag SA regarding this decision. The User will be able to do this through the contact forms enabled on the Website or by using the following address:

C/ Generación, 46-48, Pol. Ind. La Huertecilla, 29196 Málaga, Spain.

The User, regardless of the means chosen to communicate the decision, must clearly and unequivocally express that it is his/her intention to withdraw from the purchase agreement. The User may use the example withdrawal form that Adivin Beach Flag SA has put at his/her disposal as an annex to these Conditions, but is not obliged to do so.

In order to comply with the withdrawal period, it is deemed sufficient if the communication that unequivocally expresses the decision to withdraw from the purchase agreement is sent before the expiry of the stipulated period.

In the event of a withdrawal, Adivin Beach Flag SA will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website), without any undue delay and never later than 14 calendar days from the date on which Adivin Beach Flag SA is informed of the decision to withdraw by the User.

Adivin Beach Flag SA will reimburse the User using the same method of payment that the User used to make the initial purchase transaction. This refund will not result in any additional cost to the User. However, Adivin Beach Flag SA may withhold this refund until it has received the purchased products or articles, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Adivin Beach Flag SA at:

C/ Generación, 46-48, Pol. Ind. La Huertecilla, 29196 Málaga, Spain.

The User must do so without undue delay, and never later than 14 calendar days from the date on which Adivin Beach Flag SA was informed of the decision to withdraw.

The User acknowledges that he/she will have to assume the direct cost of return (transport and delivery) of the goods, if any cost is incurred. In addition, the User will be responsible for any decrease in value of the products resulting from their handling, other than the amount of handling necessary to establish the nature, characteristics and functionality of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws. This includes, but is not limited to: personalised products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; and products that for hygiene or health reasons are sealed and that have been unsealed following delivery.

The above also applies to the provision of services that the User has contracted through the Website, since this Law stipulates that the right of withdrawal will not apply to Users when the provision of a service has been fulfilled in part or in full with the express consent of the consumer and user and with his/her recognition that he/she is aware that, once the agreement has been completely executed by Adivin Beach Flag SA, he/she will have lost the right of withdrawal.

No refund will be made if the product has been used beyond merely being opened, or for products that are not in the same condition as when delivered or that have suffered some damage after the delivery.

Products must also be returned using or including all their original packaging, instructions and other accompanying documents, along with a copy of the purchase invoice.

Return of defective products or shipping errors

This applies to cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the purchase agreement or order. In these cases, the User must contact Adivin Beach Flag SA immediately to let it know of the existing non-conformity (defect / error), by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable time, whether a refund or (when applicable) a replacement of the product is applicable.

The refund or replacement of the product will be made as soon as possible, and always within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.

The amount paid for products that are returned due to a defect, when there actually is a defect, will be fully reimbursed, including delivery costs and any costs that the User may have incurred to return the products. The refund will be made by the same means of payment that the User used to make the purchase.

The rights conferred to the User (as both a consumer and user) in the legislation in force will be respected at all times.

Warranty

The User, as both a consumer and user, benefits from a warranty on the products acquired through this Website, in the terms legally stipulated for each type of product. Adivin Beach Flag SA, therefore, will be liable for any lack of conformity in the product that manifests within a two-year period from the delivery of the product.

Products are understood to be in accordance with the purchase agreement as long as: they conform to the description made by Adivin Beach Flag SA, and have the described qualities; they are suitable for the uses to which these kinds of products are normally destined; and they offer the quality and performance normally expected for these kinds of products. When this is not the case for the products delivered to the User, he/she must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may have non-standardised characteristics. As long as these derive from the type of material they are made of, forming a part of the product’s individual appearance, these will not be considered a defect.

Alternatively, the User may acquire a product on the Website that is made by a third-party brand or manufacturer. In this case, if the User considers the product to be defective, he/she can also contact the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty rights directly with the brand or manufacturer, within the two years following the delivery of the product. To do this, the User must have kept all information regarding the product’s warranty.

9. EXCLUSION OF LIABILITY

Unless otherwise stipulated by law, Adivin Beach Flag SA will not accept any liability for the following losses, regardless of their cause:

• Any losses that are not attributable to any failure on its part.
• Business losses (including loss of profit, income, contracts, anticipated savings, data or goodwill, or any unnecessary expenses incurred).
• Any other indirect loss that was not reasonably foreseeable by both parties at the time the purchase agreement was entered into.

Similarly, Adivin Beach Flag SA also limits its liability in the following cases:

• Adivin Beach Flag SA applies all reasonable measures to provide a faithful depiction of the product on the Website; nevertheless, it does not take responsibility for any small differences or inaccuracies that may exist due to lack of screen resolution, problems with the browser used, or any other problem of this nature.
• Adivin Beach Flag SA will act with the utmost diligence in order to make the purchased product available to the delivery company. However, it will not be responsible for any damage caused by transportation failure, especially due to, for example, strikes, roadblocks, and in general any other sector-related problem, which may result in delays, loss or theft of the product.
• Technical failures that prevent normal operation of the online service due to unforeseeable events or any other cause. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. Adivin Beach Flag SA puts every effort into carrying out the process of purchase, payment and shipment/delivery of the products; however, it is exempt from liability for any problems that are not attributable to it, including unforeseeable events or cases of force majeure.
• Adivin Beach Flag SA will not be responsible for improper use and/or the wear and tear of products that have been used by the User. Furthermore, Adivin Beach Flag SA will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.
• In general, Adivin Beach Flag SA will not be responsible for any failure or delay in the fulfilment of any of the obligations undertaken when this is due to events that are beyond its reasonable control, i.e. due to force majeure. This may include, but is not limited to:

o Strikes, lockouts or other industrial action.

o Civil commotion, revolt, invasion, terrorist threat or attack, war (whether declared or not), threat of war, or preparations for war.

o Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.

o Inability to use trains, ships, planes, motor transport or other means of transport, public or private.

o Inability to use public or private telecommunications systems.

o Acts, decrees, legislation, regulations or restrictions from any government or public authority.

The obligations will be suspended during the period in which the cause of force majeure continues, and Adivin Beach Flag SA will have an extension in the term to fulfil these obligations for a period of time equal to the duration of the cause of force majeure.

Adivin Beach Flag SA will use all reasonable means to find a solution that will allow it to fulfil its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Adivin Beach Flag SA will be electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication, and acknowledge that all agreements, notices, information and other communications sent by Adivin Beach Flag SA in electronic form comply with legal requirements to be in writing. This condition will not affect the User’s rights as recognised by law.

The User may send notifications and/or communicate with Adivin Beach Flag SA through the contact details provided in these Conditions and, where appropriate, through the Website’s contact form.

Likewise, unless otherwise stipulated, Adivin Beach Flag SA may contact and/or notify the User at the email or postal address provided.

11. WAIVER

No waiver by Adivin Beach Flag SA of any particular legal right or action, nor any failure by Adivin Beach Flag SA to require strict compliance by the User with any of its obligations, shall constitute a waiver of any other rights or actions arising from an agreement or these Conditions, nor shall it release the User from compliance with his/her obligations.

No waiver by Adivin Beach Flag SA of any of these Conditions or any rights or actions arising from an agreement will be effective unless expressly stated to be a waiver and unless it is formalised and communicated to the User in writing.

12. NULLITY

If one or more of these Conditions are declared null and void by a final ruling from a competent authority, all other clauses will remain in force, and will not be affected by this declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the complete agreement existing between the User and Adivin Beach Flag SA in relation to the purchase agreement, and replace any other previous pact, agreement or promise agreed to verbally or in writing by these parties.

The User and Adivin Beach Flag SA recognise having consented to the execution of an agreement without having depended on any declaration or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to Adivin Beach Flag SA in the course of a transaction on the Website will be processed in accordance with the provisions of the applicable data protections policies (Legal Notice and General Terms and Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data, and declares that all information or data provided are accurate.

15. GOVERNING LAW AND JURISDICTION

Any access, browsing and/or use of this Website, along with the purchase agreements for products on this Website, will be governed by Spanish legislation.

Any dispute, problem or disagreement arising out of or in connection with access, browsing and/or use of the Website, or with the interpretation and execution of these Conditions, or with the purchase agreement between Adivin Beach Flag SA and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.

16. COMPLAINTS AND CLAIMS

The User can send any complaints, claims or any other comment that he/she wishes to make to Adivin Beach Flag SA by using the contact details provided at the beginning of these Conditions (General Information).

In addition, Adivin Beach Flag SA has official complaint forms available to consumers and users, which they can request from Adivin Beach Flag SA at any time, using the contact details provided at the beginning of these Conditions (General Information).

If a dispute arises from the execution of this purchase agreement between Adivin Beach Flag SA and the User, as a consumer the User can request extrajudicial dispute resolution, in accordance with EU Regulation No. 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes. This procedure can be accessed through the website: http://ec.europa.eu/consumers/odr/.