General Terms of Purchase and Contracting
It is important that you read the following general terms of Website Use and Product Sale carefully, so that you have all the information and accept both the conditions for accessing and browsing the LULLAGE USA INC website www.lullageusa.com as well as the terms and conditions that regulate the purchase of products offered by:
Owner: Lullage USA Group, which is made up of:
LULLAGE USA INC
- NIF: 85-1309220
- Registered office: 444 BRICKELL AVE STE 700, MIAMI, FL 33131
- Address for communication purposes: 444 BRICKELL AVE STE 700, MIAMI, FL 33131
- Email address: [email protected]
- Website: www.lullageusa.com
- Phone: +1 (786) 600-3736
- Registered with the Public Companies Register of:
MAGNA LABORATORIOS S.L.
- NIF: B62048905
- Address: 444 BRICKELL AVE STE 700, MIAMI, FL 33131
- Email address: [email protected]
- Website: www.lullageusa.com
- Phone: +1 (786) 600-3736
- Registered with the Companies Register of Barcelona: Volume 31934, Record 129, Page B201654, Entry 1 of 10-05-1999
Hereinafter, 'THE PROVIDER'.
1. General Terms of Use of the Portal
Access by a User to www.lullageusa.com hereinafter, "the Portal," is subject to them having read and accepted in advance these GENERAL TERMS OF USE, or those in force at the time of access. If a User does not agree with these terms of use, they must refrain from using this Portal and operating on it.
However, access to certain content may be subject to certain specific conditions, which in any case will be shown by the PROVIDER to User, who, if applicable, must accept them expressly.
By browsing the PROVIDER's Portal, you become a USER. Browsing the Portal implies acceptance as a USER of the terms of use, without prejudice to the USER's express acceptance of the General Terms of Contracting, the data protection policy, as well as, where applicable, the Specific Conditions, which may exist in relation to the provision of services.
At any time, the PROVIDER may alter the presentation and configuration of the Website, the legal information and documentation, and the services and content provided, all in accordance with the provisions of articles 126 and 126 bis of Royal Decree 1/2007 of November 16, 2007.
Access to and Registration on the Portal
To be able to purchase products on the Portal, Users must first register by completing the forms provided for this purpose, with the required compulsory data.
To register, users must be over 18 years old. The User accepts that their User account is personal and nontransferable.
Every registered User will have a personal and nontransferable access password. The User may modify or recover this password at any time, by following the procedure provided on the Portal. This password will remain encrypted in the PROVIDER's systems to ensure its preservation and prevent unauthorized access by third parties. The User is obliged to notify the PROVIDER immediately of any event that allows improper use of and/or access to the account. For as long as the User does not communicate these events to the PROVIDER, the latter will be exempt from any liability that may arise from improper use of the account by unauthorized third parties.
Unsubscribing
The PROVIDER allows the User to unsubscribe at any time by accessing the section of their account enabled for this purpose, which is available on the Portal.
In any case, once they have unsubscribed, the User may request a new registration, except in cases where the User does not accept the Terms of Use and/or in case of conflict between the User and the PROVIDER that is pending resolution or has ended with acknowledgment of fault and/or negligence on the part of the User.
Conditions Applicable to Links and Hyperlinks
All content on this Portal is owned by the PROVIDER, although, in the case of links or hyperlinks ('links') to other web pages managed by third parties that are unrelated to the PROVIDER, it cannot guarantee content or information collected on third-party websites that are accessible through those links nor the correctness of their content. Consequently, the PROVIDER is exempt from any liability for harm of any kind that may arise from the use of those links. However, if the User becomes aware that the activities carried out through these websites are illegal, they must notify the PROVIDER, who will disable the link.
Links on Other Web Pages to the PROVIDER's Portal
The PROVIDER allows the information available on the Portal, which is not subject to prior registration, to be accessible to users, although its use for commercial or advertising purposes is strictly prohibited. It is also not permitted to reproduce, distribute, transmit, adapt, or modify, with any tool or by any means, either the contents of this website or its design.
Access to the Portal by minors is prohibited. If a minor accesses the Portal and/or registers on it, the PROVIDER will presume that such access has been made with the prior and express authorization of their parents or legal representatives, without prejudice to the fact that the PROVIDER may carry out the checks it deems appropriate.
The PROVIDER is not responsible for the truthfulness of the registration data provided by the User. The User undertakes and is solely responsible for ensuring that the information provided to the PROVIDER is appropriate, truthful, and accurate.
Terms of Use of the Portal
The User will be solely liable if they access or use the Portal for illegal or unauthorized purposes, and among others, it is prohibited for the User to carry out the following activities:
- Use the Portal for the installation or publication of viruses or harmful programs or files.
- Use the Portal in a way that may cause damage, interference, or malfunction in the PROVIDER's computer systems.
- Disrupt the security and/or authentication measures of the Portal and/or any network connected to it.
- Register with a false identity, impersonate third parties, and/or carry out any activity that may confuse other users about the origin of a message.
- Use the Portal to collect personal data from other users.
- Prevent the proper operation of an event, contest, promotion, or any other activity that the PROVIDER decides to carry out through the Portal.
- Saturate the infrastructure of the Portal or the PROVIDER's systems or networks, as well as the systems and networks connected to it.
- Use the Portal in a way that may violate good faith, the law, moral standards, or public order.
Any of the actions carried out by the User in this regard will entitle the PROVIDER to take appropriate legal action to defend its rights and to delete and/or block the User's account, and the User will not be entitled to request any compensation for this.
Responsibilities and Guarantees for the Use of the Portal
The PROVIDER declares that it has taken all necessary measures that the technical progress and its possibilities allow to ensure the proper functioning of the Portal, to reduce system errors and to ensure maximum security for Users, but it cannot guarantee against harm caused to the User by any person who violates the conditions that the PROVIDER establishes on its Portal and/or the technical security measures.
The PROVIDER does not guarantee Users for the usefulness or performance of the content of its Portal.
The PROVIDER also does not guarantee, where applicable, the legality, reliability, truthfulness, and usefulness of the content provided by third parties to its Portal, guaranteeing this only concerning the content published on its Portal.
Intellectual and Industrial Property Rights
The PROVIDER is the owner and/or has the corresponding licenses to use the intellectual and industrial property rights for the design and programming of the Portal, as well as on the content offered therein. In no case will access and/or browsing give the User the right to use such rights beyond what is strictly necessary to enjoy the provision of the service in accordance with the Terms of Use.
The content of the website, as well as the copyright and intellectual property rights to that content, belong to the PROVIDER or its content providers. As a User, you may access the website and print a copy of the content you access during your visit, but any other use of the Portal and its content, which may infringe industrial and/or intellectual property rights, and/or which may damage or impair the normal functioning thereof, or of the goods or rights of the PROVIDER, or its suppliers, or other USERS or, in general, any third party, is prohibited.
References to trademarks, trade names, or other distinctive signs imply a prohibition of their use without the express and written consent of the PROVIDER and/or their legitimate owners.
All intellectual and industrial property rights and rights to the content and/or services of the Portal are reserved, and in particular, it is prohibited to modify, reproduce, publicly communicate, copy, transform, or distribute by any means or in any form, all or part of the content of the Portal for public or commercial purposes, without the express authorization of the PROVIDER.
If the User becomes aware of the existence of any content that is illegal, unlawful, or contrary to laws or that may constitute an infringement of Intellectual and/or industrial property rights, they shall notify the PROVIDER at [email protected].
2. General Terms of Contracting
These General Conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and E-Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007 of November 16, 2007, approving the Revised Text of the General Law for Consumer and User Protection and other complementary laws, Law 7/1996 on the Regulation of Retail Trade as applicable to services, and Law 6/2020 regulating certain aspects of electronic trust services.
The PROVIDER hereby informs the User that the procedures for purchasing products and/or obtaining the provision of the services offered are those described in these general conditions, as well as any others specified on-screen while browsing, therefore the User declares that they are aware of and accept these procedures as being necessary for accessing the products and services offered on the Portal.
All information provided during the contracting process will be stored by the PROVIDER, so that the user may, by making a request writing or by email, request information regarding the transactions carried out by them during the previous six months. Any modification and/or correction of the data provided by Users while browsing must be made according to the instructions given on the Portal.
2.1 Purpose
This contractual document contains the General Conditions, the purpose of which is to regulate both the provision of information and the commercial relationships that arise between the PROVIDER and third-party Users of the Portal ('CUSTOMERS') who purchase the products offered through it. It is not possible to enter into a contract for any product without the prior acceptance of these General Conditions.
These Conditions will remain published on the website and will be available for CUSTOMERS to reproduce and save as confirmation of the contract, and may be modified at any time by the PROVIDER, without prior notice, by publishing the modifications on the Portal www.lullageusa.com so that CUSTOMERS may always be informed of them before visiting the Portal or acquiring any goods and/or services offered. It is the responsibility of CUSTOMERS to read them regularly, as the conditions that are in force at the time of placing orders will apply. In any case, if the modifications negatively affect access or digital content or their use by the CUSTOMER, they will be informed in a clear and comprehensible manner, and will have the right to terminate their subscription in accordance with the provisions of article 126.bis of Royal Legislative Decree 1/2007.
All purchases of products through the Portal, following identification and authentication through the username and password provided, will be considered as validly made by the CUSTOMER and shall be binding.
Purchasing products through the Portal implies acceptance by the CUSTOMER, without reservations of any kind, of each and every one of these General Conditions, as well as, where applicable, of the Specific Conditions, which may exist in relation to the purchase of certain products. The CUSTOMER will be solely responsible for the safekeeping and proper use of passwords.
The placing of orders by a minor who falsifies their registration information will be understood to have been made under the supervision and authorization of their parents or legal representatives.
The acceptance of this document implies that the CUSTOMER:
- Has read, understands, and comprehends what is stated here.
- The language in which the contract is drafted and will be concluded is Spanish.
- Is a person with sufficient capacity to enter into a contract.
- Accepts all the obligations set forth herein.
These conditions will have an indefinite period of validity and will remain in force as long as they are accessible through the Portal, and will be applicable to all contracts entered into through the website, without prejudice to the specific conditions that may govern the purchase of products.
2.2. Identity of the Contracting Parties
The identifying and contact details of the PROVIDER of information society services operating on the portal www.lullageusa.com, which is owned by LULLAGE USA INC, whose registered office is in 444 BRICKELL AVE STE 700, MIAMI, FL 33131 NIF 85-1309220, and who is registered with the Companies Register of Barcelona, in Volume 8275, Book 7258, Section 2a, Record 111, Page 94939, Entry 1 and is the owner of the portal www.lullageusa.com (hereinafter, the Portal) and with customer service phone number +1 (786) 600-3736 and email [email protected].
The CUSTOMER is registered on the website through a "CUSTOMER Name" and "password" that will have been provided by the PROVIDER, to identify them and enable them to access the various services offered by the Portal, as described in the section of these General Conditions entitled "Contracting Procedure".
2.3. Access to the Portal and Electronic Contracting Process
Accessing and searching the catalog of products and/or services published on the Portal, at www.lullageusa.com, is open to all and free of charge, and user registration is not required.
This also applies to starting the process of entering into a contract for the products and/or services displayed on the Portal.
Either party may terminate or suspend this contractual relationship unilaterally at any time and without further cause than their desire to do so, in accordance with the provisions of these General Conditions. The CUSTOMER may unilaterally exercise the right of termination via the account cancellation process.
2.3.1. Products Offered on the Portal
All products and/or services will be offered through the Portal at www.lullageusa.com, and the PROVIDER will indicate the brand, model, images, description, technical specifications, product availability, full price, discounts, or financing options, as well as the availability of home delivery or store pickup, and may offer other related or recommended products.
In the event that the online Channel or the Point of Sale does not have stock of any of the requested products, the PROVIDER, through its online Channel or the Point of Sale, will inform the CUSTOMER of this situation, and will refund, without undue delay, the sums paid for the product(s) or exchange it/them for another product, as the CUSTOMER chooses.
2.3.2. Electronic Contracting Procedure
Any product from our catalog can be added to the basket. The basket will show the items, quantity, price, and total amount. Once the basket is saved, all taxes, charges, and discounts will be calculated according to the payment and shipping data entered.
Baskets are not binding; they are simply a section where an estimated price can be simulated without any commitment by either party.
From the basket, an order can be placed by following the steps below to conclude the order correctly:
- Validation of Basket: Once the User has finished selecting the products and/or services they wish to enter into a contract for, they must validate their basket, which will show the selected products and/or services, the number of units, their price, the delivery time, and shipping costs.
- Verification of Payment Information: Once the User has validated their basket, they must supply the PROVIDER with the shipping information for the products and/or services and billing information, and they must expressly accept these Contracting Conditions by checking the corresponding box. If the acceptance box is not checked, the Portal will not allow them to proceed with the contracting process.
- Selection of Payment Method: Once the User has provided the shipping information and, where applicable, billing information, they must select the payment method they wish to use. If the User has opted for any of the cash payment methods, they will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banking entities.
Currently, the PROVIDER accepts the following payment methods: credit card, PayPal, Bizum, Google Pay, and Apple Pay. - Acceptance of Legal Conditions: The CUSTOMER must click the accept button, by which they will expressly accept these general conditions before proceeding to payment for the product. They must also accept the Privacy Conditions and the Cookies Policy.
- Click the "Pay Now" box.
- Order Confirmation: The PROVIDER will send an email to the CUSTOMER within a maximum period of 24 hours from the time of effective payment for the purchase by the CUSTOMER, in which a summary will be provided along with all the characteristics of the purchase, confirming the order, its status, and the approximate shipping and/or delivery date.
2.4. Price and Method of Payment
2.4.1. Prices and Billing
The prices indicated for each product include any applicable taxes. These prices, unless expressly stated otherwise, do not include shipping, handling, wrapping, shipping insurance, or any other additional and ancillary services to the goods or product purchased.
Before making the purchase, the USER can check online for all the details of the estimate, including the items, quantities, price, availability, transport costs, charges, discounts, taxes, and the total purchase price.
The prices applicable to each product are those published on the Portal and will be expressed in euros. The CUSTOMER accepts that the financial value of some of the products may vary in real time until the order is placed. Once the order is placed, the prices will be maintained whether there is product availability or not.
By accepting these general contracting conditions, the CUSTOMER agrees to receive the simplified invoice derived from entering into a contract for goods and/or services from the PROVIDER in electronic format. However, if the CUSTOMER wishes to receive the invoice in physical format (on paper), they must send an email to [email protected], requesting the invoice in physical format, properly identifying themselves, and indicating the order number for which the invoice in physical format is requested.
2.4.2. Method of Payment
Once the products have been decided upon and saved in the basket, the CUSTOMER agrees to begin the purchasing process and pay the price. The PROVIDER is responsible for financial transactions and allows the following ways to pay for an order:
- Credit Card: Payment is made via a secure connection and directly to the bank entity responsible for the transaction. The PROVIDER contacts the secure payment server of Banc****, which will ask the USER for all the details of the card with which they are going to pay (Mastercard, Visa, Maestro), and all the procedures will be managed directly by the payment server website without the PROVIDER or any third party having access to the card information. The secure payment server will contact the financial entity that issued the card and request authorization for the purchase to be made. Then, the process will return to the PROVIDER's website.
- PayPal: The CUSTOMER can pay through this bank provider, which is one of the most commonly used for online purchases. Transactions made by PayPal have an additional cost of 3.4% per transaction for using their services. The surcharge that the PROVIDER charges the CUSTOMER for using this payment gateway is a fixed €2, and the PROVIDER bears part of the cost of this payment method. If, for any reason, it is not possible to charge the price, the sale process will be automatically canceled, and the transaction will not take effect. The PROVIDER will automatically inform the user of this situation by sending them an email or SMS.
- Bizum: The CUSTOMER can make payment for their purchase via Bizum, an immediate payment service that allows fast and secure transfers using the phone number associated with the USER's bank account. To complete the transaction, the CUSTOMER must enter their phone number and validate the transaction with the Bizum code or through the authentication process established by their banking entity. If the transaction is not authorized by the financial entity, the purchase will be automatically canceled, and the transaction will not take effect. The PROVIDER will inform the user of this situation by email, SMS, or the website itself.
- Google Pay: The CUSTOMER has the option to pay via Google Pay, a digital payment service that allows transactions to be made quickly and securely using debit or credit cards linked to the USER's Google account. By selecting this payment method, the CUSTOMER will be redirected to the Google Pay gateway, where they must authenticate the transaction according to the security mechanisms established by the service (fingerprint, PIN, or facial recognition). Once the payment is confirmed, the transaction will be processed automatically. If for any reason the charge cannot be made, the purchase will be canceled, and the transaction will not take effect. The PROVIDER will notify the CUSTOMER of this situation by email, SMS, or the website itself.
- Apple Pay: The CUSTOMER can make their purchase through Apple Pay, a secure payment system that allows them to use debit or credit cards stored on their Apple device. To complete the transaction, the CUSTOMER must authenticate the payment using Face ID, Touch ID, or the device's access code. All transactions are processed through Apple's security systems, without the PROVIDER having access to the USER's card data. If the card issuer rejects the charge, the purchase will be automatically canceled, and the transaction will not take effect. The PROVIDER will inform the user of this circumstance by email, SMS, or the website itself.
2.4.3 Security Measures
The website uses information security techniques that are generally accepted in the industry, such as SSL, data entered on a secure page, firewalls, access control procedures, and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these purposes, the CUSTOMER agrees to the PROVIDER obtaining data for the purpose of the corresponding authentication of access controls.
The PROVIDER undertakes not to allow any transaction that is or is considered illegal by credit card companies or the acquiring bank, which may or has the potential to damage their goodwill or negatively affect them.
The following activities are prohibited under the card brand programs: the sale or offer of a product or service that does not comply with all applicable laws to the buyer, issuing bank, merchant, or cardholder.
2.5. Shipping and Order Delivery
The CUSTOMER will choose the place of receipt of the goods when they place the order with the PROVIDER, who reserves the right to use all necessary means to deliver the products to the address indicated by the CUSTOMER.
The area to which deliveries can be made is mainland Spain and the Balearic Islands. For shipping to the Canary Islands or international orders, contact our customer service team at +1 (786) 600-3736 or [email protected].
The CUSTOMER must provide a delivery address where the shipment can be delivered, in the morning and afternoon. Their name and ID card number must be included on the receipt signature.
Service tracking can be done through the link that will be sent by email to the CUSTOMER once the order is confirmed.
A first delivery attempt will be made to the provided address. If the CUSTOMER is not home, they will be notified by SMS, email, or phone call to arrange a new delivery. If the carrier fails to deliver on those two attempts, the shipment must be collected from an available carrier service center. If five (5) calendar days have passed since the date of the notice, and the CUSTOMER has not contacted the carrier to arrange a new delivery date, the products will be returned to the PROVIDER's warehouses and the CUSTOMER will be responsible for the shipping and return costs, as well as any associated administrative costs. There is also the possibility that, if the carrier fails to deliver after two attempts, the order will be deposited in one of the lockers provided by the carrier for collection by the CUSTOMER. In this case, the CUSTOMER will be notified by SMS, email, or phone call, indicating the location of the locker and the deadline for picking up their order.
The delivery time for the order will be between one and four working days (Monday to Friday, excluding public holidays), once the order is confirmed and the payment has cleared. For deliveries to the Balearic Islands, the period will be two to seven working days, and for international deliveries, the period will be as indicated in the order confirmation.
If the shipment does not arrive in perfect condition and has any visible damage, it may be refused by the CUSTOMER, or it may be accepted with a comment on the delivery note regarding their reservations after having checked the contents. If the damage is not visible, they will have 48 hours to file a claim. Claims relating to shipping after the indicated dates will not be accepted.
The PROVIDER will not accept any liability for the delivery of a product or service not being made due to the information provided by the CUSTOMER being false, inaccurate, or incomplete.
The risk of loss or damage will be transferred to the CUSTOMER at the time when they receive the order and accept it without reservations.
2.6. Shipping Costs
Shipping costs include handling and packaging and will apply to each order, so it is advisable to include all the products that the USER needs in a single order to minimize shipping costs. Prices do not include shipping costs or additional services, although these will be free if the shipment is made within mainland Spain for orders over €20.
Shipping costs will be added to the price of the product as follows:
- Mainland Spain: €3.26 (VAT included)
- Spain-Balearic Islands: €3.26 (VAT included)
- No shipments are made to the Canary Islands, Ceuta, or Melilla.
2.7. Right of Withdrawal
According to Law 3/2014 of March 27, 2014, amending the consolidated text of the General Law for Consumer and User Protection and other complementary laws approved by Royal Legislative Decree 1/2007, of November 16, 2007, the CUSTOMER has 14 calendar days from the delivery of the order or from the transaction time (in the case of a service).
The return will include the purchase amount minus the shipping costs. The return will be made via the same payment method with which the product was purchased, minus the return costs, which will be the responsibility of the CUSTOMER.
The shipping rate for returns is:
- Returns of orders from Spain (mainland and Balearic Islands) and Portugal: €3.26 + VAT
- Returns of orders from Europe: €8.72 + VAT
The CUSTOMER must return the products promptly and no later than 14 calendar days from the date on which they communicated their decision to return them.
The refund of the amount corresponding to the return will be made within 14 calendar days from the date on which the decision to withdraw from the contract was effectively and unequivocally communicated and provided that the goods or products being returned have been received. Otherwise, the payment may be withheld until the goods are received or until the CUSTOMER proves that they were returned.
In cases of breakage or receipt of incorrect products, the PROVIDER will refund the CUSTOMER the price of the Product, or, if the CUSTOMER prefers, replace it with another of the services offered on the Portal, compensating, where applicable, for the price difference.
To arrange a return, please send an email to [email protected], indicating your full name, order number, order date, reason for the return, place and time for collection, and your phone number. Once we have received your return request, we will contact you to process the return and refund, either by bank transfer or refund onto a bank card.
The USER can also use the following Standard Withdrawal Form:
Attention: LULLAGE USA INC
I hereby inform you that I withdraw from my transaction for the following goods/service provision*******
Order received on *****
First and last name of the CUSTOMER***
Full address of the CUSTOMER***
Date***
As provided in article 103 (a) of Legislative Royal Decree 1/2007 of November 16, 2007, on Consumer and User Protection, the following are excluded from the right of withdrawal:
- The provision of services, once the service has been fully performed.
- The supply of goods or services made according to the CUSTOMER's specifications or clearly personalized.
- The supply of sealed goods that are not suitable for return for health or hygiene protection reasons and that have been unsealed after delivery.
- The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the CUSTOMER after delivery.
- The supply of digital content (not provided on a physical medium) when performance of the contract has already begun. The CUSTOMER expressly acknowledges that, once the digital download has begun, they will lose the right of withdrawal.
- Any other good or service covered by art. 103 of RLD 1/2007, of November 16, 2007.
- The CUSTOMER will be liable for any decrease in value of the goods resulting from handling them other than what is necessary to establish their nature, characteristics, or functioning.
In any case, for the purposes of exercising the right of withdrawal, it is necessary that the Products be returned in their original packaging, along with the invoice. In the event that they are returned without the original packaging or damaged, the amount to be refunded to the CUSTOMER for the return of the product will be reduced by the appropriate amount. Before returning the Product, the CUSTOMER must ensure that it is properly protected and sealed so that it does not suffer any damage during shipping.
2.8. Guarantees
If the Product or Products purchased are not compliant because they do not correspond to the characteristics offered, have defects that prevent their normal use according to their nature, or do not offer the described features for them, the CUSTOMER will have the right to have the purchased goods repaired within a period of three years from the purchase and under the conditions and with the means of proof regulated in the Revised Text of the General Law for Consumer and User Protection, without prejudice to the powers of the Point of Sale to verify the veracity of the defects, their origin, and when they appeared.
In any case, the CUSTOMER must go to or request the collection of the product by the Point of Sale within a maximum of two months of finding the defect, and must provide information about the nature of the problem and when and how it appeared. Likewise, the CUSTOMER has the right to have the goods repaired in accordance with the rules of article 118 et al. of the Revised Text of the General Law for Consumer and User Protection. In all cases, the regulations on the guarantee of sale of consumer goods established by the applicable legislation shall apply.
If the product is defective, the PROVIDER will be responsible, whenever possible, for replacing the product at no cost to the CUSTOMER. In the event that, due to availability reasons, the product cannot be replaced, a full refund of the purchase price will be granted. Returns due to breakages, defective goods, or errors in the processing of your order will be made at no cost to the CUSTOMER, and the PROVIDER will refund 100% of the cost of the goods, as well as the shipping and return costs of the goods, promptly and no later than 14 calendar days from the date on which the CUSTOMER informs us of their decision to withdraw from the transaction.
In returns without justified cause, the conditions will be the same as in the previous section, although the return shipping costs will be paid by the CUSTOMER, and these will be the same shipping costs as the initial order if it is sent from the same address. Partial returns of an order will result in partial price refunds.
2.9. CUSTOMER and After-Sales Service
Any claim or question that the CUSTOMER considers appropriate or wishes to make will be handled as promptly as possible during telephone service hours from Monday to Thursday from 8am to 5pm and Friday from 8am to 4pm via the phone number +1 (786) 600-3736 or by email or postal mail to:
- Postal mail: The PROVIDER Company, LULLAGE USA INC, 444 BRICKELL AVE STE 700, MIAMI, FL 33131
- Email: [email protected]
2.10. Dispute Resolution
In accordance with art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the CUSTOMER and the PROVIDER, without the need to apply to the courts of justice, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two parties. This body is neutral and will work with both parties to reach an agreement before recommending and/or imposing a resolution to the dispute.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
Likewise, if you are not satisfied with any aspect of the Service that has not been resolved by the PROVIDER, you may contact the consumer authorities.
2.11. Force Majeure
The PROVIDER will not be liable for any breach due to unforeseen circumstances or causes beyond the control of the PROVIDER including, but not limited to, cases of force majeure, riots, pandemics, embargoes, acts of civil or military authorities, fires, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor, or materials. The PROVIDER will have no liability for any possible breach or interruption of the Service, to the extent that it is delayed or prevented by such causes, for the entire period of time in question.
2.12. Limitation of Liability
The PROVIDER cannot guarantee the Portal's technical continuity, the absence of service failures or interruptions, or the website's availability or accessibility at all times. It also cannot guarantee the absence of viruses or other harmful components on the website or on the server where it is hosted.
2.13. Dissociation and Suspension or Termination of the Contract
If any of these terms and conditions are considered illegal, void, or for any reason unenforceable, that condition will be considered separable and will not affect the validity and enforceability of any of the other conditions. The PROVIDER may, without prior notice, suspend or terminate the CUSTOMER's access to its e-commerce services, in full or in part, for any valid reason, including, without limitation, if the USER fails to comply with or follow any of the obligations established in this document or any applicable legal provision, license, regulation, directive, code of practice, or applicable usage policies. If the PROVIDER exercises any of its rights or powers under this clause, doing so will not prejudice or affect the exercising of any other right, power, or remedy that may be available to the USER.
2.14. Applicable Law and Jurisdiction
These conditions will be governed or interpreted in accordance with Spanish legislation for any matter which is not expressly established. The PROVIDER and the CUSTOMER agree to submit to the courts and tribunals of the USER's domicile regarding any dispute that may arise from the provision of the products or services that are subject to these Conditions.