Terms and conditions

TERMS OF USE AND PURCHASE ANNAROVIRA.COM

  1. INTRODUCTION

This document (together with all documents referred to herein) sets out the terms and conditions governing your use of this website (annarovira.com) and your purchase of products on it (hereinafter, the “Terms”). Please read these Terms, our Cookie Policy and our Privacy Policy (together, the “Data Protection Policies”) carefully before using this website.

By using this website or placing an order through it you agree to be bound by these Conditions and by our Data Protection Policies, so if you do not agree with all of the Conditions and the Data Protection Policies, you should not use this website.

If you have any questions regarding the Conditions or the Data Protection Policies, you can contact us through our contact channels.

The contract may be formalised, at your choice, in any of the languages ​​in which the Conditions are available on this website.

  1. OUR DATA

The sale of items through this website is carried out under the name BIG WAVE HANALEI, SLU, a Spanish company with registered office at Calle Madrazo, 141, ground floor 2nd floor, left, registered in the Mercantile Registry of Barcelona, ​​Volume 45580, Folio 133, Page 492546 and CIF B66863325 with email address hello@annarovira.com.

  1. YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Data Protection Policies. By using this website you consent to the processing of said information and data and declare that all the information or data that you provide us is true and corresponds to reality.

  1. USE OF OUR WEBSITE

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

  • Use this website only to make legally valid inquiries or orders.
  • Do not place any false or fraudulent orders. If it could reasonably be considered that such an order has been placed, we will be entitled to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Policy). If you do not provide us with all the information we require, we will not be able to process your order.

By placing an order through this website, you declare that you are over 18 years of age and

have legal capacity to enter into contracts.

  1. SERVICE AVAILABILITY

The items offered through this website are only available for shipping to:

  • Spain
  • Peninsular Portugal
  1. HOW TO PLACE AN ORDER

To place an order, you must follow the online checkout procedure and click on “Authorize payment”. After this, you will receive an email acknowledging receipt of your order (the “Order Confirmation”). We will also inform you by email that the product is being shipped (the “Shipping Confirmation”).

  1. TECHNICAL MEANS TO CORRECT ERRORS

If you detect that an error has occurred when entering your personal data during your registration as a user of this website, you may modify it in the “My Account” section.

In any case, you may correct errors related to the personal data provided during the purchasing process by sending an email to hello@annarovira.com, as well as exercising the right of rectification contemplated in our Privacy Policy.

This website displays confirmation windows in various sections of the purchasing process that do not allow you to continue with the order if the details in these sections have not been provided correctly. This website also provides details of all the items you have added to your basket during the purchasing process, so that you can modify the details of your order before making the payment.

If you detect an error in your order after completing the payment process, you must immediately contact our customer service department, at the telephone number or email address mentioned above, to correct the error.

  1. PRODUCT AVAILABILITY

All orders are subject to product availability. If there are any difficulties in supplying products or if items are out of stock, we will refund any amount you may have paid.

  1. DELIVERY

Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) listed in each Shipping Confirmation within the period indicated on the website according to the shipping method selected and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Please note, in any case, that we do not make home deliveries on Saturdays or Sundays.

For the purposes of these Conditions, "delivery" or the order will be deemed to have taken place when you or a third party indicated by you acquire physical possession of the products, which will be confirmed by the signature of receipt of the order at the agreed delivery address.

Shipping Policy:

We will ship on Mondays and Thursdays. The estimated delivery time is between 24h and 72h for mainland Spain. Shipping times may vary depending on causes beyond our control.

  1. IMPOSSIBILITY OF DELIVERY

If we are unable to deliver your order, we will try to find a safe place to leave it. If we are unable to find a safe place, your order will be returned to our warehouse.

We will also leave you a note explaining where your order is and how to have it sent back to you. If you are not going to be at the delivery location at the agreed time, please contact the company responsible for transporting your order.

If, after 15 days from the date your order is available for delivery, the order has not been delivered for reasons not attributable to us, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive ordinary delivery method we offer) without undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract to be terminated. Please note that transport resulting from the termination may have an additional cost, so we will be authorized to pass on the corresponding costs to you.

This clause does not apply to the virtual gift card, the delivery of which will be governed by the provisions of the Gift Card Terms of Use and by the provisions of clause 8 above.

  1. TRANSFER OF RISK AND OWNERSHIP

The risks of the products will be your responsibility from the moment of delivery.

You will own the products when we receive payment in full of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is later.

  1. PRICE AND PAYMENT

Prices on the website include VAT but exclude shipping costs, which will be added to the total amount due as set out in our Buying Guide – Shipping.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which you have already placed an order.

we have sent you an Order Confirmation.

Once you have selected all the items you wish to purchase, they will be added to your basket and the next step will be to process the order and make the payment. To do this, you must follow the steps of the purchase process, filling in or checking the information requested at each step.

You can also modify your order details during the purchasing process before making the payment. A detailed description of the purchasing process is available in the Purchase Guide. In addition, if you are a registered user, you can see a breakdown of all your orders in the My Account section.

You can use Visa and Mastercard as payment methods.

By clicking “Authorize Payment” you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.

  1. VALUE ADDED TAX AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. You expressly authorize us to issue the invoice in electronic format, although you may indicate at any time your desire to receive an invoice in paper format, in which case, we will issue and send the invoice in this format.

  1. RETURN POLICY

14.1 Legal right to withdraw from the purchase

Right of withdrawal

If you are contracting as a consumer and user, you have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days after the day that you or a third party on your behalf

indicated, other than the carrier, acquired material possession of the goods or in the event that the goods comprising your order are delivered separately, 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the last of those goods.

To exercise the right of withdrawal, you must notify Big Wave Hanalei by writing to us at hello@annarovia.com, of your decision to withdraw from the contract through an unequivocal statement.

To meet the withdrawal deadline, it is sufficient for you to send your communication regarding your exercise of this right before the withdrawal deadline expires.

Consequences of withdrawal

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless

You indicate otherwise, expressly detailing the payment method through which you wish us to make the refund. You will not incur any costs as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have supplied proof of the return of the goods, depending on which condition is met first.

You must return or deliver the products directly to our address, or via a courier, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be deemed to have been met if you return the goods before the deadline has expired.

Unless you return the goods directly to our studio, you must bear the direct cost of returning the goods.

You will only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

14.2 Common provisions

You will not have the right to withdraw from a contract whose object is the supply of a personalized item.

Your right to withdraw from the contract will apply exclusively to those products that are returned in the same condition in which you received them. No refund will be made if the product has been used beyond the mere opening of the same, for products that are not in the same condition in which they were delivered or that have suffered any damage, so you must take care of the product(s) while they are in your possession. Please return the item using or including all its original packaging, instructions and other documents that may accompany it.

After examining the item, we will inform you whether you are entitled to a refund of the amounts paid. Reimbursement of shipping costs will only be made when the right of withdrawal is exercised within the legal period and all items comprising the order in question are returned. Reimbursement will be made as soon as possible and, in any case, within 14 days from the date on which you informed us of your intention to withdraw. However, we may withhold reimbursement until we have received the goods, or until you have provided proof of the return of the goods,

depending on which condition is met first. The refund will always be made to the same payment method that you used to pay for the purchase,

You will bear the cost and risk of returning the products to us, as indicated

previously. If you have any questions, you can contact us through our contact channels.

14.3 Returns in the Canary Islands, Ceuta and Melilla

If you wish to exchange or return a product that was delivered to the Canary Islands, Ceuta or Melilla, you can do so by courier, making the return at your own cost.

14.4 Returns of defective products

Anna Rovira Bags pieces have been created one by one by hand. We put a lot of effort into ensuring that they do not have any defects beyond the possible differences that may exist with respect to the product photograph. This can happen due to the very nature of the product. In this case it will not be considered a product defect.

In cases where you consider that at the time of delivery the product does not comply with the provisions of the contract, you must contact us immediately through our contact channels, providing the details of the product as well as the damage it has suffered.

The product can be returned to our studio or via courier.

We will carefully examine the returned product and will inform you by email within a reasonable period of time whether a refund or replacement is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that a refund or replacement of the non-compliant item is appropriate.

Amounts paid for products returned due to a defect, where this actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs incurred by you to return it to us. The refund will be made using the same payment method used to pay for the purchase.

In any case, the rights recognized by current legislation are safeguarded.

  1. RESPONSIBILITY AND DISCLAIMER OF LIABILITY

Unless expressly provided otherwise in these Terms, our liability in relation to any product purchased on our website shall be strictly limited to the purchase price of that product.

However, and unless otherwise provided by law, we will not accept any liability for the following losses, regardless of their origin:

  1. loss of income or sales:
  2. loss of business;

iii. loss of profits or loss of contracts;

  1. loss of expected savings;
  2. data loss; and
  3. loss of management time or office hours

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless otherwise expressly stated on this website.

  1. INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and other intellectual property rights in the materials or content supplied as part of the website shall remain at all times vested in us or our licensors. You may use such material only in the manner expressly authorized by us or our licensors. This shall not prevent you from using this website to the extent necessary to copy your order information or Contact details.

  1. VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or other technologically harmful or damaging material. You must not attempt to gain unauthorised access to this website, the server on which this website is stored or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause may result in the commission of a criminal offence under applicable law. We will report any breach of such law to the relevant law enforcement authorities and will cooperate with them in order to discover the identity of the offender. In addition, if you breach this clause, you will immediately cease to be authorised to use this website.

We will not be liable for any loss or damage resulting from a distributed denial-of-service attack, viruses or other technologically harmful or damaging material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any content posted on it, or on any website linked to it.

  1. LINKS FROM OUR WEBSITE

Where our website contains links to other websites and materials from third parties, these links are provided for information purposes only, and we have no control over the content of such websites or materials. We therefore accept no liability for any damage or loss arising from their use.

  1. WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you should be in writing. By using this website, you agree that most of the communications we send to you will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition does not affect your statutory rights.

  1. NOTIFICATIONS

Any notices you send to us must be sent to our email address hello@annarovira.com. Subject to clause 22 above and unless otherwise stated, we may send you communications either to the email or postal address you provide when placing an order.

Notices shall be deemed to have been received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. To prove that service has been given, it shall be sufficient to prove, in the case of a letter, that it was correctly addressed, properly stamped and duly delivered to the post office or mailbox and, in the case of an e-mail, that the e-mail was sent to the e-mail address specified by the recipient.

  1. EVENTS BEYOND OUR CONTROL

We will not be liable for any failure or delay in performance of any of our obligations under this Agreement that is caused by events outside our reasonable control ("Force Majeure Event").

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident beyond our reasonable control and, among others, the following:

  • Strikes or other protest measures.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, boats, planes, motor vehicles or other means of transport, whether public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

Obligations shall be deemed to be suspended for the period in which the Force Majeure Event continues, and we shall have an extension of the time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We shall use all reasonable means to terminate the Force Majeure Event or to find a solution that will allow us to perform our obligations despite the Force Majeure Event.

  1. RESIGNATION

Our failure to require strict performance by you of any of your obligations under a contract or these Terms or our failure to exercise any of the rights or remedies to which we are entitled under a contract or these Terms shall not constitute a waiver or limitation of those rights or remedies and shall not relieve you from compliance with those obligations.

No waiver by us of any particular right or action shall constitute a waiver of any other rights or actions arising from a contract or the Terms. No waiver by us of any of these Terms or of any rights or actions arising from a contract shall be effective unless it is expressly stated to be a waiver and is made and communicated to you in writing in accordance with the Notices section above.

  1. PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

  1. COMPLETE AGREEMENT

These Terms and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of these Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

You and we acknowledge that we have agreed to enter into a contract without relying on any statement or promise made by the other party or which might be inferred from any statement or writing in the negotiations between us prior to this contract, except as expressly mentioned in these Conditions.

Neither you nor we will have any remedy in respect of any untrue statement made by the other party, whether oral or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy will be for breach of contract as provided in these Conditions.

  1. OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify the Terms and Conditions. We will keep you informed of any substantial changes made to them. The modifications introduced will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable after 30 days from the date of their publication in the corresponding notice. If you do not agree with the modifications introduced, we recommend that you do not use our website.

  1. APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products through said website shall be governed by Spanish law.

Any dispute arising from or related to the use of the website or such

contracts will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that you as such are recognized by current legislation.

  1. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions are welcome. Please send us any such comments and suggestions, as well as any queries, complaints or claims, using our contact channels or the postal or email address indicated in clause 2 of these Conditions.

In addition, we have official complaint forms available to consumers and users. You can request them by calling through our contact channels.

Your complaints and claims to our customer service department will be dealt with as soon as possible and, in any case, within the legally established period. They will also be registered with an identification code that we will make known to you and will allow you to track them.

If you as a consumer consider that your rights have been violated, you can send us your complaints via email at hello@annarovira.com in order to request an extrajudicial dispute resolution.