TERMS AND CONDITIONS

IMPORTANT NOTICE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PLACING AN ORDER THROUGH THIS SITE https://www.lozaniabrand.com/.

These terms and conditions of sale (‘Terms’) apply when you place an order for any of the products on the Site. When we refer to ‘you’, ‘you’ or ‘yours’, we mean you as a user of the Site. We’ or “us” or “our” refers to Sergio Parrales Mejias (LOZANIA). These Terms constitute the contract between you and us in relation to your order which will be perfected by the sending of the Acceptance Email, as set out in section 9 (‘Acceptance Email’).

If by ordering a product from this Site you fully agree to these Terms, we ask you to tick the box confirming your acceptance of these Terms. If you do not agree to these Terms, you should not place an order and, therefore, we recommend that when attempting to place an order you do not tick the box indicating your acceptance of these Terms. If in the course of placing an order you do not tick the acceptance box, you will not be able to place an order and will be redirected to the home page.

You must be at least 18 years of age and have the legal capacity to register or contract with us if you wish to purchase any products from this Site.

From time to time, for technical or business continuity reasons, we may need to make changes to these Terms. When we make such changes, we will notify you on the Site. If you continue to use our services after we have made these changes, you are agreeing to accept them.

GENERAL INFORMATION

Sales through this site are made by Sergio Parrales Mejias. Our office is located in Seville, Dos Hermanas, at Calle San Hermenegildo 12.

If you have any problems with your order or with the use of this site, please contact us at our Customer Service Centre email: hola@lozaniabrand.com

– Telephone: Call our Customer Service Centre on 655 11 17 12. Our agents will be happy to assist you, please note that we can only deal with emails and calls in Spanish.

If you have placed an order on the site, you will receive an email from us when your order has been dispatched. This email will include a tracking number, which should be your first point of contact for questions regarding the location of your shipment. Please contact us regarding delivery only if you have not received your shipment within the estimated delivery time.

If you are in doubt about any aspect of these Terms, we recommend that you contact us before placing an order.

All prices shown on the Site include applicable taxes (e.g. VAT).

1. THE CONTRACT

We provide below (‘The Order Process’) a summary of the steps to follow to place an order and purchase any of the products listed on the Site. Once we have dispatched the products, a binding contract will be formed with us for the purchase of the chosen products. Notwithstanding that the main characteristics of the products and the total price of the products (including taxes and shipping costs) will be included in the order confirmation email, we recommend that you download a copy of these Terms, and keep it for your records. These Terms will be available to you at all times on the Site, where you can access them and make a copy on your hard drive or print them out. The only language in which such a contract may be concluded is English.

2. THE ORDERING PROCESS

1. First step: Login and register. You can choose to shop as a registered or unregistered user. Registration saves you having to re-enter your address and delivery details every time you buy something from us, and gives you the opportunity to choose whether you want us to send you strictly controlled communications. Please note that our registration process does not store your payment details. There is no obligation to register in order to purchase a product from us. Please see section 4 (‘Registration’) for more information about registration.

Step 2: Enter your billing and shipping addresses. If you are a registered user, your billing and shipping information will appear automatically and can be changed if necessary. If you are not a registered user, you will have to enter these details every time you buy something from us. Non-registered users will also be able to choose whether they wish to receive strictly controlled communications.

3. Third step: Review and confirmation. You will have the opportunity to review and confirm your order details, including the delivery address, chosen payment method and selected products. You will not be asked for payment details at this step.

4. Fourth step: Payment method. You will be asked to enter your payment details and you will have the opportunity to accept or decline to receive future communications from LOZANIA. For more information about the available payment options and the payment process, please see our ‘Payment’ section.

3. REGISTER

If you would like us to store your details so that you do not have to re-enter your address and delivery details every time you buy a product, you can create a user account and have this information recorded. You can also choose whether you want us to send you newsletters and other communications. You will then be able to log in, access the Site and place orders normally through your user account. Once logged in, you may also change or update your username and password, as well as any other information, at any time. You agree that all information and data you provide to us is true, accurate and up to date at all times.

You are responsible for all use of the Site under your username and password, and it is your sole responsibility to maintain the confidentiality of your username and password. Therefore, you must notify us of any unauthorised use of your account or any breach of security as soon as you become aware of it. We will not be liable for any use of your user account by any third party.

4. ACKNOWLEDGEMENT OF RECEIPT

When you place an order, we will send you an email confirming that we have received it, together with the assigned order number. We recommend that you print and keep a copy of that confirmation email and a copy of these Terms. Your order is an offer you make to us to purchase your chosen products. We accept your order when we dispatch the products to you, unless we have notified you in advance that we do not accept your order or you have cancelled your order yourself before dispatch in accordance with the process set out in section 10 (‘Right of Withdrawal and Returns’). If we are unable to fulfil your order for any reason, we will inform you by email and the order will be cancelled. In this case, if payment has already been made, we will offer you a full refund (including the price of the product and shipping costs) by refunding the amount to the payment method you used for the transaction.

Please note that some products may be available in limited stock. In some cases we may limit the number of orders per person. In any case, any restriction or limitation of available units will be specified in the description of the products on the Site.

5. PAYMENT

We use a number of suppliers to handle payment processing. For more information, please see our ‘Payment’ section.

6. PROCESSING AND DELIVERY OF YOUR ORDER

We reserve the right, at any time before we communicate our acceptance to you (see section 9 (‘Acceptance Email’)), to refuse any order or part of an order, or to request more or better information in order to be able to evaluate and/or process the order.

Consequently, it may not be possible for us to deliver the ordered product, or we may decide not to do so on reasonable grounds, for example for reasons of security or fairness to customers if stocks are limited. If this is the case, we will inform you of this and either not process the payment or, if we have already done so, we will offer you a full refund (including shipping costs) to the payment method you used for the initial transaction.

Beyond offering you a full refund, we do not accept any liability for failure to ship a product if we are unable to do so or have decided not to do so for good reason. However, this does not affect you as a consumer.

To avoid disappointment, we strongly recommend that you place your order well in advance so that we can process your order and ship the products to you. We will do our best to send you the products as soon as possible after you have placed your order.

Please note that delivery times are estimates. We will do our best, within reasonable limits, to meet the delivery time, but if, due to circumstances beyond our control, we are unable to meet the delivery time, we will contact you and offer you an alternative date. If for any reason we are unable to fulfil your order, we will inform you by email and the order will be cancelled. The risk arising from any product you have purchased and the responsibility for insuring it becomes your responsibility once we have delivered the products to you. We only ship within Spain to the Peninsula, Balearic and Canary Islands.

If you provide us with your mobile phone number at the time of ordering, you authorise us to provide this information to the third party service provider who will deliver the products to you. This service provider may send you a text message telling you the day and time of delivery.

7. ACCEPTANCE EMAIL

Once we have dispatched the goods and payment has been made, we will send you a further notification email confirming that we have accepted your order. This notification email will contain these Terms, which apply to the order. The contract for the sale of any products will be formed at that time and will be binding on both of us once we have dispatched your order. Such acceptance will be deemed complete and effectively communicated at the time we send the email to you (whether or not you receive it).

8. RIGHT OF WITHDRAWAL AND RETURNS

We want you to be satisfied every time you shop on our Site. However, we understand that occasionally you may wish to cancel an order and/or return a product.

9. RIGHT OF WITHDRAWAL:

You have the right to withdraw from this contract (i) at any time, before we have dispatched your order, as well as (ii) within 14 days of receipt of the products, without giving any reason. The withdrawal period will expire 14 calendar days after receipt of the product at the delivery address, i.e. from the day on which you acquired physical possession of the product.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the contract by means of an unequivocal statement (e.g. a letter sent by post or e-mail). In order to meet the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

You may send the communication exercising your right of withdrawal by post to the following e-mail hola@lozaniabrand.com to the following postal address: LOZANÍA, address San Hermenegildo 12, Dos Hermanas – 41701 Seville.

10. CONSEQUENCES OF WITHDRAWAL:

In the event of withdrawal by you, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from the contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. However, we may withhold the refund until we have received the products back or until we receive proof of the return of the products, whichever condition is met first.

You must return or deliver the products directly to the address indicated in this section – LOZANÍA, San Hermenegildo 12, Dos Hermanas – 41701 Seville, without undue delay and, in any case, no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of this period. You must also bear the direct cost of returning the products. You shall only be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

11. DAMAGED OR DEFECTIVE PRODUCTS:

If the product has arrived to you damaged or faulty, or if we have sent you a product by mistake, please contact our Customer Service and our team will tell you how to return the products in the simplest possible way. In these cases, you will not be responsible for the cost of returning the goods. We will also reimburse you for the original shipping costs if you return all the products included in the order. If you return only part of the order or if you request a replacement or alternative product, we will not refund the original shipping costs.

In the case of damaged or defective audio-visual, multimedia products, products can only be replaced with the same product.

12. NOTICE/WARRANTY

You are reminded that the law requires that the products conform to the descriptions specified on the Site, are of satisfactory quality and are fit for their intended use. Nothing in these Terms should be construed as excluding or restricting these warranties or any rights that applicable law expressly or impliedly gives consumers with respect to such products.

13. LIABILITY

It is important that you always follow the product safety instructions and recommendations made available by the manufacturers and marketers (contained in the user manuals and product descriptions). We cannot accept liability for improper use of the product when the instructions and recommendations provided for this purpose have not been followed.

Without prejudice to your rights as a consumer, we will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is due to any event beyond our control or is due to force majeure or an act of God.

We shall only be liable for those damages that are a direct consequence of a breach, by act or omission, on our part, excluding, in any case, any liability for lost profits or other indirect damages and against third parties.

14. WAIVER

If you breach these Terms and we do not take any action against you, this will not be deemed a waiver of our rights in respect of your breach. We reserve the right to take any legal action against you for any breach of these Terms.

15. QUESTIONS, COMMENTS AND COMPLAINTS

For any questions, comments or complaints regarding your orders or purchases made through the Site, please contact our Customer Service.

16. PARTIAL INVALIDITY

If any of these Terms are declared invalid by any Court or regulator, the remaining provisions shall continue to apply.

17. ASSIGNMENT

We may need to assign our rights or obligations or sub-contract our obligations under these Terms to third parties. You agree that we may do this so long as it does not affect any standard service you are entitled to under these Terms. You further agree that, in the case of a simple assignment, once we notify you of the date on which such assignment of our rights and obligations to another entity is made, you will be able to exercise your rights under these Terms against the new entity and not against us.

18. PRIVACY

Your privacy is very important. Please, read our Privacy Policy, which explains how we are going to treat the personal data that you provide us when you use this Page and when you place an order.

Without prejudice to the above, the data you have provided us with for the transaction will be incorporated into a personal data file, responsibility of Sergio Parrales Mejías with address at LOZANÍA, San Hermenegildo 12, Dos Hermanas – 41701 Sevilla, with the purpose of managing the contractual relationship established between the parties, including the administrative procedures derived from your purchase and the remission of surveys and satisfaction and evaluation forms of the products purchased. To exercise your rights of access, rectification, cancellation and opposition, you must send a written communication to LOZANIA, address San Hermenegildo 12, Dos Hermanas – 41701 Seville, to the aforementioned effects, with the reference ‘Data Protection Sergio Parrales Mejías – ’.

19. APPLICABLE LAW AND COMPETENT JURISDICTION

Unless otherwise provided by law, these Terms, as well as any other contracts entered into between us under these Terms, shall be construed in accordance with Spanish law. In connection with any action or claim relating to these Terms, we both agree to submit to the jurisdiction of the Courts and Tribunals of the city of Seville (Spain).

You can find information about the European Commission’s Online Dispute Resolution (ODR) platform for consumers at the following link http://ec.europa.eu/consumers/odr. We do not currently use Alternative Dispute Resolution (ADR), including through the ODR platform to collect consumer complaints. If you want to file a complaint please contact us directly at the following email hola@lozaniabrand.com

20. TERMS OF USE

Your use of this website is subject to our Terms of Use.