PURCHASE TERMS AND CONDITIONS
PLEASE READ THESE PURCHASE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER THROUGH THIS WEBSITE.
This document establishes the terms and conditions governing the purchase of products through this website (hereinafter "Purchase Terms and Conditions"), the contents of our "Legal Notice - General Terms of Use" and our "Privacy Policy" being also applicable. Please consult these before using this website or placing an order through it. If you do not agree with their cmsp234-contents, you should not use this website.
If you have any questions related to these Purchase Terms and Conditions, please contact us through the telephone numbers and email addresses stated in this website’s "Customer Service" section.
1. Introduction
1.1. Sales through this website can only be completed if orders are originated and have delivery address in any of the following countries:
Germany, Andorra, Australia, Austria, Belgium, Bulgaria, Canada, Cyrus, Vatican City, Denmark, Slovakia, Slovenia, Spain, USA, Estonia, Finland, France,
Greece, Holland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Mexico, Monaco, Norway, Poland, Portugal, Puerto Rico, UK, Czech Republic, Romania, Sweden, Switzerland.
All sales to the above countries will be made by LLADRÓ, S.A., except those with delivery addresses in the United States and Canada, which will be made by LLADRÓ USA, INC., our US subsidiary with registered address at 300 Park Avenue, 13th Floor, New York, NY 10022.
1.2. Sales to India. LLADRÓ, S.A. cannot make sales from this website when orders have a delivery address in India, however, if you are interested in purchasing our products to be served in India, we are giving you direct access to the website of our subsidiary SPA LIFESTYLE PRIVATE LIMITED, with address in Rectangle One, D-4 District Centre, Saket, New Delhi 110017. You will directly access the website of SPA LIFESTYLE PRIVATE LIMITED who will sell you the products you are interested in. Before making your purchase, please read and accept the "Buying Terms and Conditions" and the rest of legal notices of SPA LIFESTYLE PRIVATE LIMITED.
1.3. When making your purchase through this website you can either enter your personal data only in relation to the order and purchase that you wish to make then or to enter them in order to register as a user, to make such order and any other order in the future, which will also give you additional benefits. (See benefits for registered users in our FAQ-Frequently Asked Questions section).
2. Parties to the Sale and Purchase Agreement
Seller:
LLADRÓ, S.A., a Sole Shareholder company incorporated in Spain, with address at Carretera de Alboraya s/n, Polígono Lladró, 46016 Tavernes Blanques (Valencia), Spain and NIF A46.147.112 (hereinafter "LLADRÓ", "us" or "Seller").
(Note: When the delivery address is in the United States or Canada, the Seller will be LLADRÓ USA, INC., a company incorporated under the laws of the State of New Jersey (USA), with address at 300 Park Avenue, 13th Floor, New York, NY 10022. Please read and accept the terms of sale of LLADRÓ USA, INC. before making your purchase.)
Purchaser:
The user who enters his/her personal data in the purchase form, previously accepting these Purchasing Terms and Conditions and the Privacy Policy (hereinafter "you", "user" or "Purchaser").
3. Execution of the Sale and Purchase
3.1. Placing an order through our website implies the Purchaser’s acceptance of these Purchase Terms and Conditions and of the Privacy Policy included in this website.
3.2. The agreement may be entered into, at the Purchaser's choice, in any of the languages in which these Purchasing Terms and Conditions are available on this website.
3.3. Orders placed by the Purchaser will be subject to acceptance by the Seller. This acceptance or, as the case may be, the non-confirmation of the order, will be made by electronic mail.
4. Obligations of the Purchaser
4.1. The Purchaser must be of legal age and have the legal capacity to enter into agreements.
4.2. The Purchaser must use this website only to make legally valid queries, requests or orders.
4.3. The Purchaser must provide his/her email address, postal address and/or other contact details as requested, which must be true and accurate, and consents that the Seller be allowed to make use of these data when necessary as provided in the Privacy Policy included on this website.
4.4. The Purchaser shall pay the agreed purchase price by using any of the forms provided in this website.
5. Obligations of the Seller
5.1. The Seller’s main obligation is to deliver the products requested by the Purchaser through the order placed online and accepted by the Seller by confirmation by email, considering the terms and conditions set out below:
5.1.1.All orders are subject to availability of the requested products. If the product you have selected is not available, we will notify you as soon as possible and the payment made will be refunded using the same payment method used by you.
5.1.2. Except in the event of unforeseen circumstances or circumstances beyond our control, we will send the products that we have listed on each order confirmation within seven (7) business days. In no case will we exceed the maximum legal term of thirty (30) days from the order confirmation date.
5.1.3. If we cannot meet the delivery date, whatever the reason, we will inform you of this circumstance and we will give you the option to proceed with the purchase by setting a new delivery date or cancelling the order, and we will, in this last case, fully refund the price paid.
5.1.4. Orders will be deemed delivered when the Purchaser, or a third party in its name, acquires material possession of the products, which will be evidenced by the signed receipt of the order at the agreed delivery address.
5.1.5. If neither you nor another person in your name will be at the place of delivery at the agreed time, please contact us a reasonable time in advance to arrange the delivery on another day. If we cannot deliver your order because there is no one to receive it at your address, we will try to contact you to find an alternative date or place. If we cannot contact you or if we do not find a valid alternative, your order will be returned to our warehouse and we will leave a note so that it is sent to you again if so you wish.
5.1.6. In the event that fifteen (15) days have elapsed since the first date on which we tried to deliver your order without the order having been delivered any reason non-attributable to LLADRÓ, we will consider the sale and purchase agreement terminated and we will refund, within a maximum period of ten (10) days from the date on which we deem the agreement to be terminated, all amounts received from you after discounting the shipping costs and the cost of returning the product to our warehouse, in addition to any taxes or duties that we have had to pay in relation to the shipment.
5.2. LLADRÓ will not be liable for any breach or delay in fulfilling any of its obligations if this is due to events beyond its reasonable control.
6. Price and shipping expenses
6.1. The price of our products, plus VAT -if applicable- and the shipping costs, will appear on the screen while you are placing the order and before you confirm it; they will correspond to the country that you have selected as destination of the goods. Should you change the country of destination, prices and shipping costs may also be modified.
6.2. LLADRÓ may change the price of the products and the shipping costs at any time without prior notice, however, LLADRÓ will always apply the price in force at the time of receipt of your purchase order.
6.3. You expressly authorise us to issue your invoice either electronically or on paper. We usually send it in paper, unless you make a purchase for a gift, in which case it will be sent just to you and in electronic format only. If you have any preference in this regard or if you wish to exercise your right to receive it on paper, please contact us by telephone or at the addresses listed in the "Customer Service" section.
7. Payment terms
7.1. Purchases made through this website may be made by credit or debit card or through Paypal.
7.2. The card data entered by the Purchaser in the purchase form will be transmitted through a secure connection directly to the banking entity, so the Seller will not have access to this data.
7.3. The price of the ordered products must be paid in euros with the following exceptions: if order has a delivery address in the United Kingdom, it will be paid in pounds sterling, if delivery address is in Australia, it will be paid in Australian dollars, if it is in Puerto Rico, price will be paid in US dollars and in Mexico, it will be paid in Mexican pesos.
7.4. By authorising the payment you are confirming that you are the rightful holder of the bank card. To minimise the risk of unauthorised access, your credit or debit card details will be encrypted. Credit or debit cards will be subject to verification and authorisation by the issuing entity. If such entities do not authorise the payment, we will neither be able to enter into any agreement with you nor sell our products to you.
8. Notification of shipment, deadline and place of delivery
8.1. The delivery of shipments will be notified to the Purchaser by email. The product will be delivered to the address indicated when placing the order, provided that it is in one of the countries indicated in clause 1.1. and that it is not a PO Box. The means of shipping our product makes it impossible for us to accept PO Boxes as shipping address.
8.2. After notification of the shipment, you will receive the goods within the period indicated in clause 5.1.2. herein.
8.3. The product risks will be borne by the Purchaser from the time of delivery. The Purchaser will acquire the ownership of the products when the Seller receives the payment of the price (and other amounts due, including shipping costs), or at the time of delivery if it takes place thereafter.
9. Guarantee
9.1. LLADRÓ will accept the return of any product that has been damaged during transportation or with a manufacturing defect.
9.2. In case of breakage or damage, the Purchaser will have 24 hours from the time of receipt of the goods to contact our Customer Service Department in writing (see contact details in this website’s "Customer Service" section), where the Purchaser will be informed of the procedure to return the goods.
9.3. In the event of a manufacturing defect, the Purchaser shall notify LLADRÓ (Customer Service Department - see contact details in this website’s "Customer Service" section) as soon as such defect is perceived and the Purchaser shall be informed of the procedure to return the goods.
9.4. Note that LLADRÓ creates its products following a craft process that makes each piece unique and unrepeatable and so, therefore, each one of them can show small differences with other pieces with the same reference number. Images of the pieces may also slightly vary from the original models. None of these variations or differences is a manufacturing defect. It is rather the opposite: it adds value to each piece.
10. Lladró Assurance
10.1. In addition to the above guarantee, all purchases of products under the LLADRÓ ® brand made through this website may have a free insurance coverage against breakage and damage. This insurance does not cover creations in the Lighting category (chandeliers, ceiling, tabletop, standing and wall lamps) or in the Light & Scent category (lithophanes and domes with candles or LEDs, cordless lamps and home fragrances in all formats; candles, diffusers and refills).
10.2. If you register as user of the Lladró Assurance Program ("LAP"), your piece will be insured free of charge and should it be damaged within twelve months following the date of purchase, LLADRÓ will replace it with another same piece provided that such piece is still shown with an active reference number in our catalogue.
10.3. Your piece will continue to be insured one year after the purchase date but this time with a 33% coverage of the value of the piece, so that, if it breaks or it is damaged, you can buy another piece with same reference number with a 33% discount on its current retail price at that time. The same 33% discount will apply to those pieces which were already purchased using a previous LAP insurance.
10.4. If the insured piece is no longer an active reference number in our catalogue or if it is out of stock, you may choose or purchase, as the case may be, another piece with a price equal to or lower than that of the insured piece. In no case we will offset, in cash or otherwise, the price difference between the insured piece and the piece eventually acquired later making use of the LAP insurance, if the latter has a lower price.
10.5. To make use of your LAP insurance, please contact our Customer Service Department (see contact information in this website’s "Customer Service" section). As you will be informed, in order to make the insurance effective it is an essential requirement that you make available the damaged piece to LLADRÓ and we may also ask you to provide us with an identification document to verify that your data match those of the insurance holder. In addition, the "Lladró" logo on the base of the piece must be intact to prove that it is an authentic piece.
10.6. The cost of collecting the damaged piece and sending the new piece will be borne by the insurance holder.
11. Return and withdrawal policy
11.1. As a consumer, you have a period of thirty (30) calendar days from the receipt of the product at the address indicated to cancel the purchase and withdraw from this agreement for no reason.
11.2. To exercise this right of withdrawal, you shall send us, within the period indicated above, a written notification toe-boutique@es.lladro.comwith an unequivocal statement of your will to withdraw from the agreement (you may, if you wish, use the withdrawal form that you can find in our Frequently Asked Questions (FAQ) section.) Our Customer Service Department will promptly notify you by email of having received such withdrawal, and will contact you to inform you how to proceed with the product return. We will collect the product at your address within a period of ten (10) calendar days from the time on which you notify your withdrawal. The product that you return to us must be in perfect condition and in its original packaging, considering the exceptions provided for in article 11.4.
11.3. Once the product is received by the Seller, the latter will reimburse all payments received from you, including delivery costs (except for any additional costs resulting from choosing a delivery method other than a less expensive ordinary delivery modality offered by us). These amounts will be paid using the same means of payment used in the initial transaction and within a maximum period of thirty (30) calendar days from the date on which we are informed of your decision to withdraw from this agreement, provided that we have received the product you return to us within that period.
11.4. Exceptions to the right of withdrawal
You shall not be entitled to withdraw from an agreement whose purpose is that of supplying any of the following products:
- Customised products.
- Candles or "Home Fragrances" products that have been unsealed after delivery.
- Jewellery / costume jewellery (for hygiene reasons).
The right to withdraw from the agreement only applies to products returned by the Seller in the same condition in which they were received. No refund will be made if the product has been used, if products are not in the same condition in which they were delivered, or if they have suffered damages (except as provided for in article 9). The product must be returned with all its original packaging, guarantee booklets, instructions and other accompanying documents, if any.
12. Tax and customs duties.
As for taxes at origin on this purchase, Value Added Tax (VAT) will be applied to all shipments to European Union countries, at the percentage in force at that time, except for the territories of the Canary Islands, Ceuta and Melilla. The rest of the countries and territories are exempt from paying this tax. If you act as an entrepreneur or professional, please contact us for the purpose of correctly applying VAT rules (see contact details in the "Customer Service" section).
As for taxes at destination, duties, taxes and any charges associated with customs clearance of the goods shall be borne by the receiver of the product pursuant to the legal provisions in force in each country, who must pay the amount in cash upon receipt of the shipment. We do not have control on these charges, and we cannot predict the total amount, so we recommend contacting the Customs Office for more information.
13. Data Protection.
Regarding the personal data you enter during the purchasing process, please check our "Privacy Policy" on this website.
14. Intellectual and Industrial Property
The Purchaser acknowledges and declares that all copyrights, trademarks and other intellectual and industrial property rights on the materials or contents included in this website correspond to LLADRÓ or its licensors (see "Notice of Purchase and Terms of Use" of this website). You may use such material only in the manner expressly authorised by us or by those who granted us license for its use.
15. Notifications
15.1. By means of this agreement and the use of this website, you agree that communications with us may be by electronic means, and you acknowledge that any agreement, notification, information and other communications that we send to you electronically comply with the legal requirements of being in writing.
15.2. The notifications you send us must be to our email address e-boutique@es.lladro.com.
15.3. We may send you communications either to your e-mail address or to the postal address provided by you when you placed your order.
16. Applicable law
This Sale and Purchase agreement shall be governed by Spanish Law.
PLEASE PRINT OR OTHERWISE SAVE a copy of this agreement so that you can check its contents at all times and so that you have written evidence thereof.
17. Happy Birthday Promotion
The code assigned to the Happy Birthday promotion is for single use only and offers a €/£/$50 discount on the next purchase of €/£/$300 or greater, made at lladro.com or the following Lladró boutiques in Valencia, Barcelona, Madrid and London*.
Not combinable with other discounts and valid for one month from the date of the birthday.
*Valencia: Poeta Querol, 9 - Madrid: Serrano, 76 - Barcelona: Passeig de Gràcia, 101 - London: Harrods.