Terms and conditions

This document — together with those referred to in it — sets out the conditions governing the use of ovejabohemia.com and the purchase of products through the website (hereinafter, the “Conditions”).

Read them together with the privacy policy and the cookie policy before buying. By placing an order you agree to be bound by them. If you do not agree, do not use the website to buy.

Nothing in these Conditions may curtail the rights that the law grants you as a consumer. If any clause were to contradict them, the law prevails and that clause is deemed not to have been written.

The sale of items through this website is carried out by:

Owner

Jorge Luis López Barrio

Trading name

Oveja Bohemia

NIF

05298279E

Address

Carretera de Ronda, 82
04620 Vera, Almería, España

Telephone

+34 950 940 201

Email

hola@ovejabohemia.com

By using this website and placing orders through it you undertake to:

• Use it only to make legally valid enquiries or orders.
• Not place false or fraudulent orders. If there are reasonable grounds to consider that an order is such, we may cancel it and inform the authorities.
• Provide us with a truthful and accurate email address, postal address and contact details. If essential information is missing we will not be able to process the order.

By placing an order you declare that you are over 18 years of age and have legal capacity to enter into contracts.

If you have an account, you can stay logged in by ticking the relevant box. For security reasons, we may ask you to identify yourself again for certain operations. You can log out whenever you wish from My account.

The available destinations, the delivery times and the shipping charges for each are published and kept up to date on the shipping page, which forms part of these Conditions. Before paying you will always see the exact cost of delivery to your address.

We do not deliver to the Canary Islands, Ceuta or Melilla, because they fall outside the territory in which VAT applies and require customs clearance.

To buy, follow the purchase process and press the payment button, which expressly states that the order entails an obligation to pay. Before that button you will see the full summary: items, price including taxes, delivery charges and total.

You will receive an order confirmation email acknowledging receipt. That email confirms that we have received your request, but the contract is not concluded until we send you the dispatch confirmation, which details the items leaving for your address and attaches the proof of purchase. Only the products included in that dispatch confirmation are contracted.

All orders are subject to availability. If an item is not available we will tell you and will refund in full the amount you paid for it, at no cost to you.

You can change your personal details at any time from My account. During the purchase process you can review and change the contents of the basket and the order details at every step before paying, and the website does not let you continue if mandatory information is missing.

If you spot an error after paying, write to us as soon as possible at hola@ovejabohemia.com or call us on +34 950 940 201. If the order has not yet left the warehouse, we will correct or cancel it at no cost.

We take every care to ensure that the published prices are correct. If we detect an obvious error in the price of an item in your order, we will tell you as soon as possible and you will be able to confirm the order at the correct price or cancel it with a full refund. If we are unable to contact you, the order will be deemed cancelled and we will refund everything you paid.

Prices on the website are shown in euros and include the applicable VAT, but not delivery charges, which are calculated and shown before payment and added to the total.

Prices may change at any time, but changes never affect orders that we have already confirmed.

In accordance with Article 68 of Ley 37/1992 del IVA (the Spanish VAT Act), the supply is deemed to take place in the Spanish VAT territory when the delivery address is in that territory. The applicable rate will be the one legally in force at any given time for the item concerned.

We issue the invoice in electronic format and send it to you by email. If you prefer to receive it on paper, tell us at any time and we will issue and send it to you in that format at no cost.

The available payment methods, with their conditions, are detailed and kept up to date on the payment options page. You will see all those that apply to your order before confirming it.

By paying you confirm that the payment method is yours. Card payments are subject to the checks and authorisations of the issuing institution; if the institution does not authorise the charge we will not be able to conclude the contract or be liable for any delay or failure to deliver resulting from it.

We do not store your full card details: they are processed directly by the payment gateway, which complies with the PCI DSS standard.

We will send the products included in each dispatch confirmation within the time stated on the website for the delivery method you have chosen and, in any event, within a maximum of 30 calendar days from the conclusion of the contract, unless we have agreed otherwise with you.

If we were unable to meet the delivery date we will tell you and you may choose between setting a new date or cancelling the order with a full refund. If, after you have called on us to deliver within a reasonable additional period, we still fail to deliver, you may terminate the contract and we will refund without delay all amounts paid.

For the purposes of these Conditions, “delivery” takes place when you or a third party indicated by you acquire physical possession of the products.

The risk in the products passes to you at the time of delivery. You acquire ownership on delivery or on full payment of the amount, including delivery charges, if the latter is later. If you arrange transport with a carrier chosen by you and not proposed by us, the risk passes at the time of delivery to the carrier.

If delivery is not possible, the carrier will leave you a notice stating where your order is and how to arrange a new delivery. If you know you will not be at home, let us know and we will reschedule.

If 15 calendar days pass from when the order is available for delivery without it having been possible to deliver it for a reason not attributable to us, we will understand that you wish to withdraw from the contract and we will treat it as terminated. We will refund all payments received, including standard delivery charges, without undue delay and at most within 14 calendar days from that date; we may deduct only the costs we have incurred for the return of the parcel to our warehouse where the impossibility of delivery is attributable to you.

The next two clauses are long because they are the ones most consulted. This is the summary: they are different things, with different time limits, and one does not replace the other.

If you buy as a consumer you have the right to withdraw from the contract within 14 calendar days without giving any reason and without penalty. The period ends 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired physical possession of the goods or, if the order is delivered in several shipments, of the last of them.

To exercise it, it is enough for you to inform us of your decision unequivocally before the period expires: by email to hola@ovejabohemia.com, by telephone on +34 950 940 201, from the contact form or by using the model form at the end of this clause. You are not obliged to use that model or any particular channel.

You must return the products to us without undue delay and, in any event, within a maximum of 14 calendar days from when you inform us of the withdrawal. The cost of returning the product to us is at your expense, unless the product is defective or does not correspond to what you ordered, in which case we bear it.

You may examine and try on the items as you would in a physical shop. You are liable only for any diminished value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the product; in that case we will deduct from the refund the amount corresponding to that loss in value, with prior explanation, instead of rejecting the return.

Exceptions. In accordance with Article 103 of the texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (the consolidated text of the Spanish General Act for the Defence of Consumers and Users), there is no right of withdrawal in respect of:

• Products made to your specifications or clearly personalised.
• Sealed products that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery, such as earrings and costume jewellery that pierces the skin.

Outside these cases, the right applies to the whole catalogue. You can find the step-by-step procedure in returns and exchanges.

Model withdrawal form (complete and send it only if you wish to withdraw from the contract):

For the attention of Jorge Luis López Barrio (Oveja Bohemia), Carretera de Ronda, 82, 04620 Vera, Almería, España — hola@ovejabohemia.com

I hereby give notice that I withdraw from my contract of sale of the following good:
Order no.: __________ Date of order: __________
Date of receipt: __________
Name of consumer: __________
Address of consumer: __________
Signature (only if submitted on paper): __________
Date: __________

If the product does not conform to the contract — it does not correspond to the description, does not have the quality usual for products of the same type or is not fit for the purpose for which it is intended — you may require us, at your choice, to repair or replace it, unless one of the two is impossible or disproportionate. This is free of charge for you: it includes delivery costs, labour and materials.

If repair or replacement does not solve the problem, we do not carry them out within a reasonable time, they cause you significant inconvenience or the lack of conformity is serious, you may require a price reduction or terminate the contract and recover what you paid.

To claim under the guarantee, write to us at hola@ovejabohemia.com or call us on +34 950 940 201 with the order number and photographs of the defect. We will tell you how we will collect the item — at no cost to you — and will confirm the solution. The refund or replacement is made as soon as possible and, in any event, within 14 days of the date on which we confirm that it is applicable.

When you return a product because of a defect or fault, we refund the amount in full, including the delivery charges you paid and the costs you incurred in returning it to us.

This guarantee is independent of and additional to your 14-day right of withdrawal. Your other rights under current legislation remain unaffected.

We are liable for the loss and damage we cause you through breach of our obligations in accordance with the law. We do not limit or exclude our liability in cases of wilful misconduct or gross negligence, for damage to life, physical integrity or health, for defective products, or in any other case in which the law does not permit liability to be limited.

Outside those cases, and since this is a sale to consumers for private use, we are not liable for business losses: loss of profit, loss of business, of contracts, of anticipated savings or of commercial opportunities.

Given the open nature of the internet and the possibility of errors in the storage and transmission of digital information, we do not guarantee that the website will be entirely free of interruptions or errors, without prejudice to our using reasonable means to avoid them. We do not exclude any guarantee that the law does not permit to be excluded as against consumers and users.

All copyright, trademarks and other industrial and intellectual property rights in the materials and content of this website belong to us or to those who have licensed their use to us. You may use them only in the manner that we expressly authorise. This does not prevent you from copying your order information or our contact details for your own use.

You must not misuse this website by deliberately introducing viruses, trojans, worms, logic bombs or any other technologically harmful material, nor attempt to gain unauthorised access to the website, its servers or related databases, nor attack it by means of denial of service. We will report any breach to the competent authorities and cooperate with them. In that event your authorisation to use the website will cease immediately.

Where the website contains links to other sites or third-party materials, they are provided for information purposes only and we have no control over their content, so we accept no liability for any loss or damage arising from their use.

By using this website you accept that most of our communications will be electronic. We will contact you by email or by posting notices on the website, and you acknowledge that the contracts, notices and information we send you by those means satisfy the legal requirement to be in writing. This does not affect your legal rights.

You can send us your notices through the contact form, by email or by post to the address given above, and they take effect from when we receive them.

Those we send you are deemed received when they reach the email or postal address you gave us when placing the order. No communication relating to your order is deemed to have been made merely because it was posted on the website.

We may change these Conditions. The changes are not retroactive: each purchase is governed by the version of the Conditions in force at the time you placed the order, which you can save or print from this same page.

Substantial changes are announced at least 30 days before they come into force. The date of the last update appears at the top of this page.

Partial invalidity. If any of these Conditions is declared void by a competent authority, the rest will remain in force unaffected.

Waiver. Our not demanding strict compliance with an obligation at any given time does not amount to a waiver of the right to demand it later, nor does it release you from complying with it.

Assignment. You may not assign the contract or the rights arising from it without our prior written consent. We may assign it or subcontract its performance, provided that this does not reduce the guarantees or rights you have as a consumer; if the assignment could affect them, we will tell you and you may terminate the contract without penalty.

Force majeure. We are not liable for non-performance or delay due to events beyond our reasonable control: strikes, riots, war, terrorist attacks, fires, floods, earthquakes, epidemics or other natural disasters, impossibility of using means of transport or telecommunications networks, and acts or restrictions of any public authority. Our obligations are suspended for as long as the cause lasts and the time limit is extended to the same extent. We will use reasonable means to resolve it, and if it is prolonged to the point that delivery ceases to make sense for you, you may cancel the order with a full refund.

Your comments, complaints and claims are welcome. Send them through the contact form, by telephone on +34 950 940 201 or to hola@ovejabohemia.com. We will deal with them as quickly as possible and, in any event, within a maximum of one month.

We have official complaint forms (hojas oficiales de reclamación) available to consumers and users. You can request them by telephone or by email and we will send them to you.

Use of the website and purchase contracts are governed by Spanish law. If you contract as a consumer, you may bring claims before the courts of your own place of residence, and only before them may we sue you. Nothing in this clause affects the rights that current legislation grants you as a consumer.