General Terms and Conditions of fernandezolive.com

Introduction These Terms regulate:

• the use of fernandezolive.com, and
• any other related Contract or legal relationship with the Owner in a legally binding manner.

The words in uppercase are defined in the specific section of this document.

Users must read this document carefully.

fernandezolive.com is offered by:

Juan Carlos Fernández García
Calle Maestra No. 208 1D
Mancha Real, Jaén
Spain
NIF 77367364X

Contact email of the Owner: info@fernandezolive.com

What Users Should Know at a Glance 

Use of fernandezolive.com and the Service is restricted by age: access and use require being of legal age according to applicable law.
The right of withdrawal applies only to European Consumers.

Terms of Use 

Unless otherwise specified, the terms of use detailed in this section generally apply to the use of fernandezolive.com.

In specific situations, individual or additional terms of use or access may apply and will be additionally indicated in this document.

By using fernandezolive.com, Users confirm compliance with the following requirements:

• There are no restrictions on Users being Consumers or Professional Users;
• Users must be of legal age under applicable law.

Account Registration 

To use the Service, Users must register or create a User account, providing all required data or information in a complete and truthful manner.
Failure to do so will make the Service unavailable.

Users are responsible for safeguarding their access credentials with confidentiality and security. Therefore, Users should select passwords that meet the highest security standards permitted by fernandezolive.com.

By registering, Users agree to take full responsibility for all activities under their username and password.
Users must immediately and unequivocally inform the Owner using the contact details provided in this document if they believe their personal information, including but not limited to User accounts, access credentials, or personal data, has been compromised, improperly disclosed, or stolen.

Account Registration Conditions

User account registration on fernandezolive.com is subject to the following conditions. By registering, Users agree to comply with these conditions.

• Accounts registered by bots or any other automated method are not allowed.
• Unless otherwise specified, each User may only register one account.
• Unless expressly authorized, User accounts may not be shared with others.

Account Cancellation 

Users may cancel their accounts and stop using the Service at any time in the following manner:

• By directly contacting the Owner using the contact details provided in this document.

Suspension and Deletion of Accounts 

The Owner reserves the right, at its sole discretion, to suspend or delete User accounts at any time and without notice if deemed inappropriate, offensive, or in violation of these Terms.

The suspension or deletion of User accounts does not entitle Users to any compensation, damages, or reimbursement.

Account suspension or deletion due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on fernandezolive.com 

Unless otherwise specified or clearly recognizable, all content available on fernandezolive.com is owned by the Owner or provided by the Owner or its licensors.

The Owner is committed to acting with the utmost diligence to ensure that the content provided on fernandezolive.com does not violate any legal provision or infringe upon third-party rights. However, achieving this goal may not always be possible.
In such cases, Users are kindly asked to communicate any complaints in this regard using the contact details provided in this document.

Rights Related to Content on fernandezolive.com 

The Owner reserves all intellectual property rights over all such content.

Therefore, Users may not use this content in ways other than those necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on fernandezolive.com, nor allow any third party to do so through the User or their device, even without the User's knowledge.

When explicitly stated on fernandezolive.com, the User may download, copy, and/or share any content available on fernandezolive.com solely for personal and non-commercial use, provided that copyright and any other required acknowledgments requested by the Owner are properly credited.

Copyright limitations or exceptions established by law are unaffected.

Access to External Resources 

Through fernandezolive.com, Users may access external resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and, therefore, is not responsible for their content and availability.

The conditions applicable to resources provided by third parties, including any applicable license grants over the content, derive from the terms and conditions of those third parties or, in the absence of these, from applicable laws.

Acceptable Uses 

fernandezolive.com and the Service may only be used within the scope for which they are provided, in accordance with these Terms and applicable law.

Users are solely responsible for ensuring that their use of fernandezolive.com and/or the Service does not violate any law or regulation nor infringe third-party rights.

Therefore, the Owner reserves the right to take appropriate measures to protect its legitimate interests, including denying Users access to fernandezolive.com or the Service, terminating contracts, reporting inappropriate conduct through fernandezolive.com or the Service to relevant authorities - such as judicial or administrative authorities - whenever Users engage in or are suspected of engaging in any of the following activities:

• Violating laws, regulations, and/or these Terms;
• Infringing third-party rights;
• Causing significant harm to the Owner's legitimate interests;
• Offending the Owner or any third party.

Terms and Conditions of Sale

Providing Personal Data 

To access or receive certain Products provided through fernandezolive.com as part of the Service, Users may be required to provide their personal data as indicated on fernandezolive.com.

Paid Products 

Some Products provided on fernandezolive.com as part of the Service are offered in exchange for a fee.

Fees, duration, and applicable purchase conditions for such Products are described below and in specific sections of fernandezolive.com.

To purchase Products, the User must register or log in to fernandezolive.com.

Product Description 

Prices, descriptions, or availability of Products are detailed in the relevant sections of fernandezolive.com and may change without notice.

Although Products on fernandezolive.com are presented with the highest technical accuracy, the representation on fernandezolive.com via any means (including, where applicable, graphic materials, images, colors, or sounds) is intended solely as a reference and does not imply any warranty of the characteristics of the purchased Product.

The characteristics of the selected Product will be described during the purchase process.

Purchase Process 

All steps from selecting a Product to submitting the order form part of the purchase process.

The purchase process includes the following steps:

• Users must select the Product they want and check their purchase selection.
• After reviewing the information displayed in the purchase selection, Users may place the order by submitting it.

Order Submission 

When Users place an order, the following clauses apply:

• Placing an order constitutes the conclusion of the contract and, therefore, obliges the User to pay the price, taxes, and all possible commissions and additional expenses, as indicated on the order page.
• If the purchased Product requires action by the User, such as providing information or personal data, specifications, or special requests, placing the order obliges the User to cooperate in this regard.
• Once the order has been placed, Users will receive a confirmation receipt of the order.

All notifications related to the purchase process described will be sent to the email address provided by the User for this purpose.

Prices 

During the purchase process and before submitting the order, Users will be informed of all fees, charges, and costs (including, where applicable, shipping costs) to be paid.

Prices on fernandezolive.com are displayed:

• Including all fees, charges, and costs.

Payment Methods 

Information on accepted payment methods is provided during the purchase process.

Some payment methods are only available subject to conditions or additional fees. In these cases, information can be found in the specific section of fernandezolive.com.

All payments are processed independently through third-party services. Therefore, fernandezolive.com does not collect any payment information - such as credit card details - and only receives a notification once the payment is successfully completed. Users can refer to fernandezolive.com's privacy policy for more information on data processing and Users' data rights.

If payment fails through the available methods or is denied by the payment service provider, the Owner will have no obligation to fulfill the purchase order. If a payment fails or is denied, the Owner reserves the right to claim all related expenses or damages from the User.

Reservation of Ownership of the Product 

Until the Owner has received full payment of the purchase price, the User will not acquire ownership of the Products subject to the order.

Delivery 

Deliveries will be made to the address specified by the User and in the manner specified in the order summary.

Upon delivery, Users should check the content of the delivery and report any anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.

Deliveries of goods are made to the following countries or territories: Germany, Austria, Belgium, Bulgaria, Czech Republic, Cyprus, Croatia, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden.

Delivery times are specified on fernandezolive.com or during the purchase process.

Failed Delivery 

The Owner is not liable for delivery errors due to inaccuracies or failure by the User to complete the purchase order, nor for any damages or delays occurring after delivery to any carrier organized by the User and not offered or recommended by the Owner.

If goods are not received or collected at the specified time or within the specified period, the goods will be returned to the Owner, who will contact the User to arrange a second delivery attempt or agree on how to proceed in the future.

Unless otherwise agreed, any subsequent delivery attempt will be at the User's expense.

User Rights

Right of Withdrawal 

In the European Union, general regulations on the right of withdrawal provide that consumers have 14 days to return goods purchased remotely (such as online sales). However, there are exceptions for certain products, especially food products and those that may deteriorate or expire quickly.
For food products such as olive oil, the regulation provides as follows:

Withdrawal Exemption: 

Products that may deteriorate or expire quickly are exempt from the right of withdrawal. This means olive oil is not subject to return if the reason is simply a change of mind by the customer.

Sealed Products: 

If the olive oil is sealed and the customer has broken the seal, the right of return is lost, as it is considered a product that cannot be resold for reasons of hygiene and safety.

Warranties

Conformity Warranty
At fernandezolive.com, we guarantee the highest quality of our olive oils. All products are covered by the legal conformity warranty in accordance with European Union regulations, considering the perishable nature of the product.

Warranty Conditions

Duration:
The conformity warranty will be valid until the best-before date indicated on the product's packaging.
Once this date has passed, the oil is considered to be outside its optimal quality period, and therefore, it will no longer be covered by the warranty.

Coverage:
The warranty covers quality or manufacturing defects detected before the best-before date, such as:

• Alterations in taste or texture not attributable to improper storage.
• Defects in sealing or packaging that have compromised the quality of the oil.
  Claims related to misuse, storage under inadequate conditions (such as exposure to light or heat), or claims made after the best-before date will not be covered.

Claims:
If you detect any issue with your olive oil, please contact our customer service team within 2 months of identifying the defect and before the best-before date.

Liability and Disclaimer 

Unless expressly stated or agreed otherwise with Users, the Owner's liability for damages related to the performance of the Contract is excluded, limited, and/or reduced to the maximum extent permitted by applicable law.

Disclaimer 

The User agrees to indemnify and hold harmless the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, and employees from any claim or demand - including, but not limited to, attorneys' fees and costs - made by any third party due to or arising from negligent violation of these Terms, third-party rights, or legal provisions related to the User's use of the Service or its affiliates, officers, directors, agents, co-branders, partners, and employees to the maximum extent permitted by applicable law.

The above also applies to any claim made by third parties (including but not limited to, the Owner's clients or consumers) against the Owner relating to Digital Products supplied by the User, such as claims related to compliance.

Limitation of Liability 

Unless otherwise expressly stated and without prejudice to applicable law, the User may not claim damages against the Owner (or any individual or entity acting on its behalf).

The above will not apply to damages affecting life, health, or physical integrity, damages resulting from a breach of substantive contractual obligations, such as any obligation strictly necessary to achieve the contract's objective, and/or damages resulting from intentional misconduct or gross negligence, provided that the User has used fernandezolive.com appropriately and correctly.

Unless damages were caused by intentional misconduct or gross negligence or affect life, health, or physical integrity, the Owner will only be liable to the extent of damages that were typical and foreseeable at the time the contract was concluded.

General Provisions

No Waiver 

Failure to exercise any right or invoke a provision under these Terms will not constitute a waiver of such right or provision. No waiver will constitute an additional or continued waiver of such term or any other term.

Service Interruption 

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or other changes, appropriately informing Users.

Within legal limits, the Owner may also decide to suspend or discontinue the Service entirely. If the service is discontinued, the Owner will cooperate with Users to allow them to retrieve personal data or information and will respect Users' rights regarding continued use/continued enjoyment of the product and/or compensation, as provided by applicable law.

Furthermore, the Service may be unavailable due to reasons beyond the Owner's reasonable control, such as "force majeure" (e.g., infrastructure breakdowns or blackouts, etc.).

Resale of the Service 

Users shall not reproduce, duplicate, copy, sell, resell, or exploit any part of fernandezolive.com and its Service without the prior, express, and written authorization of the Owner, granted either directly or through a legitimate resale program.

Privacy Policy 

For more information on the use of personal data, Users can refer to fernandezolive.com's privacy policy.

Intellectual Property Rights 

Without prejudice to any specific provisions in these Terms, intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to fernandezolive.com, are the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

All trademarks - whether nominative or graphic - and any other trademarks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with fernandezolive.com are and will remain the exclusive property of the Owner or its licensors and are protected by applicable trademark laws and related international treaties.

Changes to These Terms 

The Owner reserves the right to change or otherwise modify these Terms at any time. In such cases, the Owner will duly inform Users of these changes.

These changes will only affect the relationship with Users from the date communicated to Users.

Continued use of the Service will indicate acceptance of the modified Terms by Users. If Users do not wish to be bound by these changes, they must stop using the Service and may terminate the Contract.

The applicable prior version will govern the relationship before the User's acceptance. Users may obtain any prior version from the Owner.

If required by law, the Owner will notify Users in advance of the date the modified Terms will take effect.

Contract Assignment 

The Owner reserves the right to transfer, assign, dispose of through novation, or subcontract any of the rights or obligations under these Terms, considering Users' legitimate interests.

The provisions relating to changes to these Terms apply mutatis mutandis.

Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.

Contact 

All communications regarding the use of fernandezolive.com must be sent using the contact details provided in this document.

Severability 

If any provision of these Terms is declared or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full force and effect.

Users in the European Union 

If any provisions of these Terms are void, invalid, or unenforceable, or are declared so, the parties will act with utmost diligence to agree amicably on valid and enforceable provisions that replace the void, invalid, or unenforceable parts.
If such an agreement is not reached, the void, invalid, or unenforceable provisions will be replaced by the applicable provisions established by law, if the applicable regulation permits or establishes this.
Notwithstanding the foregoing, the void, invalidity, or inability to enforce a specific provision of these Terms will not void the Contract as a whole unless the separated provisions are essential to the Contract, or are of such importance that the parties would not have entered into the contract if they had known that these provisions would be invalid, or in cases where the remaining provisions would result in unacceptable difficulties for either party.

Governing Law 

These Terms are governed by the laws of the location where the Owner's headquarters is located, as declared in the relevant section of this document, without regard to conflict of laws principles.

Primacy of National Law 

However, notwithstanding the above, if the law of the country where the User is located establishes higher applicable consumer protection standards, those higher standards will prevail.

Jurisdiction 

Exclusive jurisdiction to resolve any disputes arising from or related to these Terms lies with the courts in the jurisdiction of the Owner's registered office, as indicated in the relevant section of this document.

Exception for Consumers Located in Europe 

The above provisions will not apply to Users who fall into the category of European Consumers or Consumers residing in the United Kingdom, Switzerland, Norway, or Iceland.

Dispute Resolution

Amicable Dispute Resolution Users may raise any dispute with the Owner, who will try to resolve it amicably.

Although Users' right to take legal action will not be affected at any time, if a dispute arises regarding the use of fernandezolive.com or the Service, Users are kindly asked to contact the Owner using the contact details provided in this document.

The User may submit their complaint, including a brief description and, if relevant, the order, purchase, or account details referred to, by sending them to the Owner's specified email address.

The Owner will handle the complaint without undue delay and within 2 days of receipt.

Online Dispute Resolution for Consumers 

The European Commission has established an online platform for alternative dispute resolution that facilitates an out-of-court method to resolve disputes related to online sales and service contracts, or resulting from them.

Therefore, any European Consumer or Consumer located in Norway, Iceland, or Liechtenstein may use this platform to resolve disputes arising from online contracts.