Last updated August 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING A PAYMENT ON THIS SITE
TERMS OF SALE
1. These terms
1.1 These terms and conditions of sale (“Terms of Sale”) are the terms of sale referred to in the Moli d'en Portella Website Terms and Conditions (“Site Terms”) and govern the contractual relationship between Vendors and Customers in relation to transactions made using the marketplace website, www.,olidenportella.org (“Site”), owned and operated by Moli d'en Portella.
1.2 Moli d'en Portella is not a party to these Terms of Sale. Throughout these Terms of Sale, you, the Customer, are referred to as ‘you’, and we, the Vendor, as ‘we’ or ‘us’.
1.3 Capitalised words within these Terms of Sale shall have the meaning given to them in the Site Terms.
1.4 Please read these terms carefully before you submit an order for Goods via the Site. These terms tell you how Goods will be provided to you, how you or we may change or end the contract, what to do if there is a problem and other important information.
1.5 In some areas you will have different rights under these terms depending on whether you are a business or consumer. You are a consumer if:
(a) you are an individual; and
(b) you are buying Goods via the Site wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
1.6 If you are a business customer these terms constitute the entire agreement between you and us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by us or on the our behalf which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in this agreement.
2. Information about us and how to contact us
2.1 We are permitted by Moli d'en Portella to advertise for sale and sell Goods via the Site. To contact us, please contact Moli d'en Portella who will pass on any communications to us.
2.2 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order for Goods will take place when you receive a notification that your order has been accepted, at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this via the Site and you will not be charged, or will receive a full refund if you have been already charged. This might be because the Goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
3.3 You will be assigned an order number to your order and you will be notified what it is when we accept your order. It will help us if you can refer to the order number whenever you contact us (via Moli d'en Portella) about your order.
4. Providing the goods
4.1 The costs of delivery will be as displayed to you in the order confirmation email sent to you after we accept your order. Unless a free delivery is offered, you will pay for the costs of delivery. The costs of delivery is calculated based on the size, weight and fragility of each item and the distance between the item location and your delivery address. The costs of delivery may vary depending on access restrictions, or special requests from you. You can cancel the order and receive a full refund in the event you choose not to accept the costs of delivery. If you return an item in an order or cancel an order after the Goods have already been dispatched for delivery, the costs of delivery are non-refundable, unless the item is damaged, or is proven to have been misdescribed on the product page. In you return an item, you are liable for return shipping costs, unless the item was damaged in transportation or the listing was inaccurate, misleading, or misrepresented the item.
4.2 We will deliver Goods to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order, unless otherwise agreed in writing.
4.3 We are not responsible for delays outside our control. If our supply of the Goods is delayed by an event outside our control, you will be contacted as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us (via Moli d'en Portella) to end the contract and receive a refund for any Goods you have paid for but not received.
4.4 If no one is available at your address to take delivery of the Goods, we will leave you a note informing you of how to rearrange delivery or collect the Goods from a local depot.
4.5 If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 6.2 will apply.
4.6 Goods will be your responsibility from the time we deliver them to the address you provided to Moli d'en Portella.
4.7 You own the Goods once Moli d'en Portella or their Payment Providers have received payment in full. Payment will be taken in accordance with the Site Terms.
4.8 We may need certain information from you so that we can supply the Goods to you, for example, dates and times and preferred locations for delivery. If so, this will have been stated in the description of the Goods on the Site. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 6.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the Goods late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
4.9 We may have to suspend the supply of Goods where we no longer have the Goods in stock. We will contact you in advance to tell you we will be suspending supply of the Goods, unless the problem is urgent or an emergency. You may contact us (via Moli d'en Portella) to end the contract for Goods if we suspend it, or tell you we are going to suspend it, and we will refund any sums you have paid in advance for the Goods.
5. Your rights to end the contract
5.1 If you are a consumer based in the European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 5.2. This means that during the relevant period, if you change your mind or decide for any other reason that you do not want to purchase the Goods, you can notify us of your decision to cancel the contract and receive a refund. The right to cancel does not apply to the following types of Goods, which are non-refundable: items that are personalised, bespoke or made-to-order to your specific requirements.
5.2 Your legal right to cancel starts from the date you purchased the Goods (the date on which you are notified that your order has been accepted), which is when the contract between us is formed (“Contract Date”). The deadline for cancelling the contract is 14 days following the Contract Date.
5.3 To cancel the contract, you must let us know you have decided to cancel. This can be done by emailing Moli d'en Portella at email@example.com.
5.4 If you cancel the contract we will refund you the price you paid for the Goods as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract (provided that you have returned the Goods to us, where applicable).
5.5 You will be refunded using the method you used to pay for the Goods.
5.6 Even if you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay us compensation. The contract between us is completed when the Goods are delivered. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us (via Vinterior) to let us know. The contract will end immediately and we will refund any sums paid by you for Goods not provided but we may deduct from that refund reasonable compensation for the net costs we will incur as a result of your ending the contract.
5.7 If you end the contract for any reason after the Goods have been dispatched to you or you have received them, you must return them to us. Please contact us (via Moli d'en Portella) for details of where to return the Goods. If you are a consumer exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
5.8 We will pay the costs of return if:
(a) the Goods are faulty or misdescribed; or
(b) you are ending the contract because we have told you of an upcoming change to the Goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
5.9 If you are responsible for the cost
s of return and we are collecting the Goods from you, we will charge you the direct cost to us of collection.
6. Our rights to end the contract
6.1 We may end the contract at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Goods, for example, the address for delivering the Goods to you;
(b) you do not, within a reasonable time, allow us to deliver the Goods to you.
6.2 If we end the contract in the situations set out in clause 6.1 we will refund any money you have paid in advance for Goods we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
6.3 We may write to you to let you know that we are going to stop providing the Goods. We will let you know as soon as possible in advance of our stopping the supply of the Goods and will refund any sums you have paid in advance for Goods which will not be provided.
7. If there is a problem with the goods
If you have any questions or complaints about the Goods, please contact us. You can write to us via Moli d'en Portella at firstname.lastname@example.org.
8. Your rights in respect of defective goods if you are a consumer
8.1 If you are a consumer we are under a legal duty to supply Goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
8.2 If you wish to exercise your legal rights to reject Goods you must return them to us. We will pay the costs of delivery. Please contact us by emailing Moli d'en Portella at email@example.com to arrange a return.
9. Your rights in respect of defective goods if you are a business
9.1 If you are a business customer we warrant that on delivery, any Goods shall:
(a) conform in all material respects with their description;
(b) be free from material defects in design, material and workmanship, unless previously disclosed.
9.2 Subject to clause 9.3, if:
(a) you give us notice in writing within a reasonable time of discovery that the Goods do not comply with the warranty set out in clause 9.1;
(b) we are given a reasonable opportunity of examining the Goods; and
(c) you return the Goods to us at our cost, we shall, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full where a replacement is not available.
9.3 We will not be liable for the Goods failing to comply with the warranty in clause 9.1 if:
(a) you make any further use of the Goods after giving a notice in accordance with clause 9.2(a);
(b) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) you alter or repair the Goods without our written consent; or
(d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
9.4 Except as provided in this clause 9, we shall have no liability to you in respect of the Goods failing to comply with the warranty set out in clause 9.1.
9.5 These terms shall apply to any repaired or replacement Goods supplied by us under clause 9.2.
10. Price and payment
10.1 The price of the Goods (which includes VAT) will be the price indicated on the order pages when you placed your order on the Site. We take all reasonable care to ensure that the price of the Goods advised to you is correct.
10.2 If the rate of VAT changes between your order date and the date we supply the Goods, we will adjust the rate of VAT that you pay, unless you have already paid for the Goods in full before the change in the rate of VAT takes effect.
10.3 If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
10.4 If you think an invoice is wrong, please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11. Our responsibility for loss or damage suffered by you if you are a consumer
11.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
11.2 We do not exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products, including the right to receive Goods which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective goods under the Consumer Protection Act 1987.
11.3 If you are a consumer we only supply the Goods for domestic and private use. If you use the Goods for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 12.
12. Our responsibility for loss or damage suffered by you if you are a business
12.1 Nothing in these terms shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.
12.2 Except to the extent expressly stated in clause 9.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
12.3 Subject to clause 12.1:
(a) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(b) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sum paid by you for Goods under such contract.
13. How we may use your personal information
14. Other important terms
14.1 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.2 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.3 These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. You may also bring proceedings in the country in which you live.
14.4 If you are a business, any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have non-exclusive jurisdiction to settle any such dispute or claim.