GENERAL TERMS AND CONDITIONS

Sales contracts concluded via e-commerce between the shop https://fundacionluzsolidaria.org/tienda-solidaria/ and the consumer are governed by the following General Terms and Conditions.

Please read these Terms and Conditions, our Cookie Policy, Legal Notice and our Privacy Policy carefully before using this website. By using this website or placing an order through this website, you agree to be bound by these Terms and Conditions and our Privacy Policy, so if you do not agree with all of the provisions of the Terms and Conditions and the Privacy Policy, you should not use this website.

If you have any questions regarding the Terms and Conditions or the Privacy Policy, you may contact us at the contact details listed below.

01. OUR DATA

The sale of the articles (hereinafter, Solidarity Gifts) through this website is carried out by FUNDACIÓN LUZ SOLIDARIA, a non-profit organisation with registered offices at Passeig del Ferrocarril, 3.35 3º4 , 08860 Castelldefels, Barcelona, registered in the Register of Foundations of the Generalitat de Catalunya with nº3221, and CIF G-42.846.238, with telephone 900 877 555 and email tiendasolidaria@fundacionluzsolidaria.org.

02. CHARITABLE GIFTS

It is a solidarity alternative to the typical gifts in addition to being a double gift. On the one hand you are buying a sustainable product in most cases at production cost plus a small extra amount that will be used 100% as a donation for the different foundations of the Luz Solidaria Foundation and therefore this extra amount will be tax deductible.

Every time you shop in our online shop, you are contributing to the continuation of our social work.

03. PURCHASING AND/OR CONTRACTING PROCESS

To make any purchase on the Solidarity Shop of the Foundation Luz Solidaria website, the Customer must be at least 18 years of age. The Customer’s identity data must be complete, accurate and truthful. To complete the purchase process, the Client must expressly consent to the processing of the data provided by accepting the Privacy Policy, after being informed of their rights.

The contract is drawn up in the Spanish. Contracts concluded in the online shop are archived. You can access your orders in your customer account or by sending an email to tiendasolidaria@fundacionluzsolidaria.org.

It is recommended that the Customer carefully reads the contents of these General Terms and Conditions before proceeding with the purchase of any product offered on this website. The Customer may also print and/or save a printed copy on a durable format of the General Terms and Conditions of purchase in force when placing an order.

The website user will be able to browse the web shop and fill the shopping cart without having to be registered. Only to complete the purchase it will be essential to provide certain mandatory data to access the shipping details of the order.

To find the item you are looking for, you can browse the «Shop» section of our website. By clicking on any of the products you will find the description, available sizes and the corresponding price. If you are looking for a specific article, you can find it using the search engine incorporated in the web by introducing any text that refers to the product you are looking for. If you cannot find what you are looking for, please contact us so that we can help you find the product you are looking for. Once you have selected the item you want, all you need to do is click on the «Add to cart» button. When a product is added to the shopping cart, a button will automatically appear so that you can view the status of your complete bag. You can then choose to continue shopping or process your order.

If you continue shopping, the shopping bag is always visible in the top right-hand corner of the screen. By clicking on it, you can view the entire contents of the shopping bag and even modify it.

Once you have selected the items you wish to purchase, and provided the necessary data for shipment, you will access a form with all the information about shipping and payment options. Once a purchase order has been received, La Tienda Solidaria de la Fundación Luz Solidaria will immediately send a confirmation of the purchase to the e-mail address indicated.

Please check the order confirmation email and check that all the details are correct. If you find any incorrect information, please contact our customer service by telephone on 900 877 555 or by e-mail at tiendasolidaria@fundacionluzsolidaria.org.

Para pedidos que puedan ser personalizables, una vez finalizado el pedido, desde la Tienda Solidaria se pondrán en contacto contigo para terminar de confirmar el diseño de la personalización.

04. SCOPE OF PURCHASE, PURCHASE PRICE AND TAXESPRICE

For all purposes, the address of the shop’s headquarters in Barcelona, Spain, shall be considered the sales address. The purchase of our products can be made from anywhere in Spain except Ceuta, Melilla and the Canary Islands. To place an order from another location, please contact us first.

The final prices of all products (and, where applicable, the final prices per unit of measurement), together with their characteristics, offers, discounts, etc., are reflected in each of the items offered. The price of the gift is the cost of the product or set of products themselves plus the extra donation amount added to each product. Shipping costs, if any, will be borne by the Customer and will be added before finalising the purchase.

In any case, the final cost, in each case and in accordance with the provisions of the previous paragraph, will be communicated to the customer in the electronic purchase process before the customer formalises his acceptance.

The applicable VAT (Value Added Tax) rate will be the one legally in force at any given time depending on the specific item in question, VAT will only be applied to the cost of the product or sets of products, but VAT will not be applied to the part that corresponds as a donation.

In the event that an order must go through customs (Ceuta, Melilla, Canary Islands and orders from outside the EC), customs charges or taxes to be paid are not included. It will be the customer’s responsibility to bear these costs and the corresponding customs formalities to obtain the order. The carrier will usually take care of the customs clearance of the order, charging the corresponding costs and taxes at the time of delivery of the order.

The invoice for the cost of the product will be sent by email upon receipt of payment.  However, the customer may request at any time that a copy of the corresponding invoice be sent to him/her by telematic means or on paper, as he/she chooses. With regard to the amount added to each product considered as a donation, the customer will receive by email during the first quarter of the following year the certificate for the tax deduction in the income tax for individuals or in the corporate tax for those considered as companies. The certificate will be issued with the sum of the total amount of the donations made through the purchase of the Solidarity Gifts in the Solidarity Shop of the Foundation Luz Solidaria. If necessary, you can also request a copy of the certificate to be sent by post.

The prices of the products may, except for special promotions of a fixed duration, vary at any time. In this case, the price to be applied will be that in force on the date the order is placed.

05. METHODS OF PAYMENT

The method of payment for purchases shall be selected during the purchase process and payment, depending on the method chosen, will be made at the end of the purchase process and will be an essential condition for the formalisation of the purchase.

For added security, all our online payments are made through payment gateways provided by financial institutions, which guarantee the highest standards of security and fraud control in payments made over the Internet.

The following forms of payment are accepted:

  • Payment by credit or debit card: Payment can be made immediately through our Bank’s SSL secure payment gateway. Payment by VISA or MASTERCARD, debit and credit card is accepted.
    Both personal and bank data will be protected with all the security measures established by the Organic Law on Data Protection 15/1999 and its Development Regulation.
    If it is necessary to return or cancel an order, the amount will be refunded to the same payment card, unless the Customer indicates another method of payment.
  • Payment by Bizum: To choose this form of payment, you must have contracted this option with your bank.
  • Payment via Paypal.
  • Payment by bank transfer: In this case the order becomes effective when we receive the full amount in the bank account indicated at the time of purchase. Please note that if your bank charges you fees for making a transfer, you must take them into account so that the amount we receive is the amount corresponding to your full order, including shipping and taxes.

In all cases, with the exception of payment by bank transfer, at the time of payment the user will be redirected to the corresponding payment gateway where the necessary data will be collected. Our shop does not handle at any time the data of your means of payment.

06. DELIVERY TIMES AND SHIPPING COSTS

The delivery time is the result of adding the time it takes us to prepare your order and the time it takes for the order to arrive at its destination. Both the preparation of orders and their transit is done on working days, so the number of calendar days may vary for two similar orders depending on Saturdays, Sundays or holidays that may be involved.

All the products offered on the website are available (except for stock-outs or exceptional cases), which allows us to process orders for delivery within 3 to 5 working days from the day after the order is placed, by means of the following transport agency: CORREOS.

Although we try to prepare our orders the same day they are received, depending on the time the orders are placed, it may take some time for them to be ready for dispatch on the same day, so your order will be dispatched the following day.

When we do not have a product in stock and we are not able to obtain it quickly, we will notify you by email of the estimated time it will take to get it, and we will call you to confirm receipt of the email. From that moment, if the delivery time is not satisfactory, you will have 2 working days to cancel the order and we will refund your money. After this time we will assume that you are still interested in the order. If there are further delays we will send you further notifications and you will have 2 working days after each of them to cancel the order and get your money back.

Orders received on Fridays or public holidays will be prepared on the following working day. If for any reason there is a delay in delivery we will inform you of the estimated delivery time.

CORREOS, will make 2 delivery attempts and may send communications via sms and/or email to the recipients of the shipments. If the contact or delivery attempts have not been effective, the courier will leave the package in custody for 15 days (in the office closest to your home) awaiting collection, in the event that collection is not made, the package will be returned by the courier, so it is important to make sure to provide an address where it can be easily located.

If the order is finally returned by the courier agency due to the impossibility of contacting the customer, the customer will be responsible for the cost of the new shipment.

It is not possible to specify the exact time of delivery, just as the courier company will not contact you before the first delivery attempt.

If there is any error in your order received, please contact us and we will inform you of the best way to solve the error at no cost whatsoever to you.

SHIPPING COSTS (VAT not included):

  • Peninsula
    • Standard Delivery (Post 48h-72h): 4,99 €.
    • Premium Express Delivery (Correos 24h-48h): 6,99 €.
  • Balearic Islands
    • Standar Delivery (Correos 48h-72h): 8,50 €
    • Premium Express Delivery (Correos Express 24-48h): 12,50 €

If the total value of the items is equal to or more than 60€, shipping costs are free of charge.

For international shipments or shipments other than those mentioned above, please contact tiendasolidaria@fundacionluzsolidaria.org directly.

07. RIGHT OF WITHDRAWAL

Description of the right of withdrawal

You have the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period shall expire after 14 calendar days from the day on which you or a third party other than the carrier and indicated by you acquired the material possession of the goods. In the event that you have purchased several products and the shipment has been split up, the right of withdrawal will expire 14 calendar days from the day on which you or a third party, other than the carrier, indicated by you, acquired the material possession of the last of these goods.

To exercise the right of withdrawal, you must notify us by means of an unequivocal statement of your decision to withdraw from the contract to Passeig del Ferrocarril, 335 3º4ª, 08860, Castelldefels (Barcelona) (for example, by sending a letter by post), by telephone to 900 877 555 or by e-mail to tiendasolidaria@fundacionluzsolidaria.org with the subject «Exercise of the right of withdrawal». To do so, you may use the following model withdrawal form, although its use is not obligatory.

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

Consequences of withdrawal

In the event of withdrawal by you, we will reimburse you all payments ( including the donation) we have received with the exception of the shipping costs, without undue delay and in any event not later than 15 calendar days from the date on which we are informed of your decision to withdraw from this 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 costs as a result of the reimbursement. We may withhold reimbursement until we have received the goods back, or until you have provided proof of return of the goods, whichever is the earliest.

You must return or deliver the goods directly to us at Passeig del Ferrocarril, 335 3º4ª, 08860, Castelldefels (Barcelona), without undue delay and, in any event, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before this period has expired. You shall bear the direct cost of returning the goods.

It is essential that the products to be returned are in perfect condition, with all their accessories and original packaging. If there is a gift in the purchase order, it must be returned in order to be able to accept the withdrawal.

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

08. RETURNS OF BROKEN, DEFECTIVE OR WRONG PRODUCTS

If, on delivery of an order, you detect that the packaging has been tampered with or damaged, you must note the reason for this on the carrier’s delivery note and the customer’s signature. In order to speed up the procedures related to transport damage, we ask our customers to check the condition of the order and report any possible transport damage within 48 working hours from the time of receipt.

In the event of receiving a product with a manufacturing defect, tare or that is incorrect, you have 7 days from the receipt of the order to return it, as long as you inform us within 48 hours from the receipt of the order via our email tiendasolidaria@fundacionluzsolidaria.org, indicating in the subject the reference of the original order number, as well as indicating the reason for the return, exchange or replacement.

In cases where the cause of the return, exchange or replacement is attributable to the shop, we will pay the shipping costs. An incomplete, defective or non-functioning item is the responsibility of the shop. A cancellation or exchange due to ordering the wrong item is the responsibility of the customer.

If the shop is responsible for the shipping costs, we will contact you to arrange for a carrier to pick them up from the original shipping address. If you are responsible for the shipping costs, you can use whatever means you choose to send us the product(s). Once we have been able to verify what you have sent us, we will send you the replacement product(s) or refund your money. Please note that you must comply with the conditions that apply to each type of return, exchange or replacement.

It is essential that you send us a high-resolution photo of the broken, defective or faulty item and keep the item in order to process the return, as well as a photo of the original packaging, which you should also keep. We will indicate you the procedure to follow in order to proceed with the return. Likewise, and as in the previous section regarding withdrawal, the goods received must be in their original packaging, in perfect condition, and include a copy of the invoice clearly marking the products you are sending.

If there is a gift per purchase in the order, it must be returned in order for the return to be accepted.

Once the goods have been received and after checking the condition of the same, the total amount will be paid according to the corresponding type of return according to the means of payment used in the order.

In case of cancellation or return of the wrong product, the return postage will be paid by the customer.

09. WARRANTIES AND AFTER-SALES SERVICES

In general, all the products in our catalogue enjoy the guarantee given by their manufacturers or distributors in Spain and for which the shop is responsible, which will be for two years unless otherwise indicated. This guarantee will start to run from the day on which the carrier delivers the product to the customer. The customer must keep the delivery note as proof of this date.

As proof of entitlement to the guarantee, the original purchase invoice will suffice and will be sent to the customer either together with the order, or by ordinary mail to the billing address, or by e-mail to the address used to place the order.

Defects or damage due to incorrect handling, installation or use of the products or wear and tear caused by normal use of the products are not covered by this warranty. The diminished functionality of the articles, due to the limitations of their design, are also excluded from the coverage of this guarantee. In the case of computer products, the warranty does not cover the removal of malware, the restoration of programs for this reason or the reinstallation of the disk caused by the deletion of the same.

In those incidents that justify the use of the guarantee, we will opt for the repair, replacement of the article, discount or refund, in the legally established terms.

Warranty and after-sales service will preferably be provided through the manufacturer or distributor in Spain. The customer may choose to go directly to the after-sales service of the manufacturer or distributor, or to send the product to the headquarters of the shop or to the warehouse from which it was sent. In this case, the shipping and return postage will be paid by the shop. Before proceeding with the shipment, the customer must consult with the shop to receive instructions on how to proceed.

10. EVENTS BEYOND OUR CONTROL

We shall not be liable for any failure or delay in the performance of any of the obligations undertaken, where such failure or delay is due to events caused by circumstances beyond our control.

Force majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, ships, planes, motor transport or other means of transport, 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 during which the force majeure continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the force majeure.

We will use all reasonable means to bring the force majeure cause to an end or to find a solution that allows us to fulfil our obligations despite the force majeure cause.

11. INDUSTRIAL AND INTELLECTUAL PROPERTY

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

12. VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted 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 could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of a breach of 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 denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

13. 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 those websites or materials. We therefore accept no liability whatsoever for any loss or damage arising from their use.

14. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

Applicable law requires that some of the information or communications we send to you be in writing, however, by using this website you agree that most communications with us will be electronic. We will contact you by email or provide you information by posting notices on this website. For contractual purposes, you consent to use 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 such communications be in writing. This condition will not affect your statutory rights.

The notifications that you send us should preferably be sent through our contact form on our website or to the e-mail address tiendasolidaria@fundacionluzsolidaria.org. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order. Notices shall be deemed to have been received and properly made at the same time as they are posted on our website, 24 hours after an e-mail has been sent, or three days after the date on which any letter is postmarked. WAIVER No failure by us to require strict performance by you of any of your obligations under any contract or these Terms or any failure by us to exercise any right or remedy available under such contract or these Terms shall constitute a waiver or limitation of any such right or remedy or relieve you from any such obligation. No waiver by us of any particular right or remedy shall constitute a waiver of any other right or remedy under any contract or the Terms. No waiver by us of any of these Terms or of any rights or remedies arising under any contract shall be effective unless it is expressly stated to be a waiver and is formalised and communicated to you through the various means of contact you have provided to us.

15. PARTIAL NULLITY, APPLICABLE LAW AND JURISDICTION

If any of these Terms and Conditions or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity. We reserve the right to modify these Terms and Conditions. We will keep you informed of material changes to these Terms and Conditions. These will not be retroactive and, subject to possible exceptions on a case-by-case basis, will apply after 10 days from the date of their publication in the relevant notice. If you do not agree with the changes, we recommend that you do not use our website.

The use of our website and contracts for the purchase of products through this website shall be governed by the Spanish law. These General Terms and Conditions are subject to and shall be governed by the laws of Spain, in particular by:

  • Law 7/1998 of 13 April 1998 on General Terms and Conditions,
  • Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws,
  • Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC,
  • Law 34/2002 of 11 July, on Information Society Services and Electronic Commerce. The parties submit, for the resolution of conflicts and renouncing any other jurisdiction, to the Courts and Tribunals of the domicile of the consumer.

16. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

We welcome your comments and suggestions. We kindly ask you to send us such comments and suggestions, as well as any queries, complaints or claims via our contact form, telephone, postal or e-mail address indicated in Clause 1 of these General Terms and Conditions. In addition, we have official complaint forms available to consumers and users. You can request them by calling 900 877 555 or via our contact form or email. Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. They will also be registered with an identification code that we will inform you of and will allow you to follow up on them.

Nuestro horario de atención es de lunes a viernes de 9 a 18h.

These General Conditions are governed by the Spanish law. The parties submit, at their choice, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user’s domicile.

Last updated: 1 November 2021

17. PRODUCT CHARACTERISTICS

Our policy aims to provide the most complete and reliable information possible about the products we offer. For this reason we try to provide not only full descriptions but also one or more images of the product.

Please also note that in our endeavour to provide products of the highest possible quality and attractiveness, we reserve the right to change products without prior notice. In any case we always try to ensure that changes to our products do not affect their functionality, performance or quality of manufacture.

18. ORDER TRACKING

Any order can be tracked from our pages using the order number. To do so, you must have a valid customer login to the shop. In addition, the shop will send tracking emails as the order changes status.

When the order moves to Completed or Invoiced status it means that at least the order has been prepared for shipment and a collection request has been generated to the carrier.

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