This website is operated by OliVera. Throughout the site, the terms "we," "us," and "our" refer to OliVera. OliVera offers this website, including all information, tools, and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our website and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions contained in this agreement, you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of these Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes on our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted by Shopify Inc., which provides us with the e-commerce platform that enables us to sell our products and services to you.

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Section 2 – Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

Cooling-Off Period: The period during which the consumer may exercise the right of withdrawal.

Consumer: Any natural person acting for purposes outside their trade, business, or profession who enters into a distance agreement with the merchant.

Day: A calendar day.

Long-Term Agreement: A distance agreement relating to a series of products and/or services, where the delivery and/or purchase obligations are spread over time.

Durable Medium: Any tool or medium that enables the consumer or merchant to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.

Right of Withdrawal: The consumer's right to cancel the distance agreement within the applicable cooling-off period.

Merchant: The natural or legal person offering products and/or services to consumers through distance selling.

Distance Agreement: An agreement concluded within an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.

Means of Distance Communication: Any method that can be used to conclude an agreement without the consumer and merchant being physically present together at the same time.

Terms and Conditions: These Terms and Conditions of OliVera.

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Section 3 – Applicability

These Terms and Conditions apply to every offer made by OliVera and to every distance agreement and order concluded between OliVera and the consumer.

Before a distance agreement is concluded, the text of these Terms and Conditions will be made available to the consumer. If this is not reasonably possible, OliVera will indicate, prior to the conclusion of the agreement, where the Terms and Conditions can be reviewed and that they will be provided free of charge upon request.

If the agreement is concluded electronically, these Terms and Conditions may be made available electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, OliVera will indicate where the Terms can be accessed electronically and that they will be sent free of charge upon request.

Where specific product or service terms apply in addition to these Terms and Conditions, the consumer may always rely on the provision most favorable to them in the event of conflicting terms.

Should any provision of these Terms and Conditions be deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced with one that most closely reflects the original intent.

Situations not expressly covered by these Terms shall be interpreted in accordance with their spirit and purpose. Any ambiguities regarding the interpretation or content of these Terms shall likewise be interpreted in accordance with their intended purpose.

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Section 4 – Offers

Any offer containing a limited validity period or specific conditions will clearly state such limitations or conditions.

All offers are non-binding. OliVera reserves the right to amend or modify any offer at any time.

Each offer includes a complete and accurate description of the products and/or services offered. Descriptions are sufficiently detailed to enable consumers to properly assess the offer. Images used by OliVera are intended to provide a truthful representation of the products and services offered. However, obvious errors, inaccuracies, or typographical mistakes do not bind OliVera.

Product images are intended as accurate representations, although actual colors may vary depending on the user's screen or display settings.

Each offer clearly states the rights and obligations associated with acceptance of the offer, including but not limited to:

• The purchase price, excluding any import duties, customs clearance fees, taxes, or other charges imposed by the destination country.

• Applicable shipping costs.

• The method by which the agreement is concluded.

• Whether the right of withdrawal applies.

• Accepted payment methods.

• Delivery methods and fulfillment procedures.

• The validity period of the offer or guaranteed pricing period.

• Applicable communication costs where these differ from standard rates.

• Whether the agreement will be archived and, if so, how consumers may access it.

• The manner in which consumers may review and correct submitted information before concluding the agreement.

• The languages in which the agreement may be concluded.

• Any applicable codes of conduct.

• The minimum duration of any long-term agreement, where applicable.
  
  

  Section 5 – The Agreement

  The agreement becomes effective, subject to the provisions of Section 5.4, at the moment the consumer accepts the offer and fulfills the applicable conditions.

  If the consumer accepts the offer electronically, OliVera will promptly confirm receipt of the acceptance by electronic means. Until such confirmation has been received, the consumer may cancel the agreement.

  Where the agreement is concluded electronically, OliVera will implement appropriate technical and organizational measures to secure the electronic transfer of data and maintain a secure online environment. If electronic payment is available, OliVera will take appropriate security measures to protect payment transactions.

  Within the limits of applicable law, OliVera reserves the right to verify whether the consumer can fulfill their payment obligations and to assess all relevant facts and circumstances necessary for responsibly entering into a distance agreement. If, based on this assessment, OliVera has reasonable grounds to decline the agreement, it reserves the right to reject an order or request or to attach special conditions to its fulfillment.

  Upon delivery of the product or service, OliVera will provide the consumer, in writing or in a format that can be stored on a durable medium, with the following information:

  1. The business address where consumers may submit complaints.

  2. The conditions and procedure for exercising the right of withdrawal, or a clear statement if the right of withdrawal does not apply.

  3. Information regarding warranties and available after-sales services.

  4. The information referred to in Section 4 of these Terms, unless already provided before fulfillment of the agreement.

  5. The requirements for terminating the agreement where it has a duration exceeding one year or is of indefinite duration.

  For long-term agreements, the obligations described above apply only to the first delivery.

  All agreements are concluded subject to the availability of the products ordered.

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  Section 6 – Right of Withdrawal

  Consumers have the right to withdraw from the purchase agreement within 14 days without providing any reason.

  The withdrawal period begins on the day after the consumer, or a third party designated by the consumer (other than the carrier), receives the product.

  During the withdrawal period, the consumer shall handle the product and its packaging with reasonable care. The product may only be unpacked or used to the extent necessary to determine its nature, characteristics, and functionality.

  If the consumer exercises the right of withdrawal, the product must be returned with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the return instructions provided by OliVera.

  To exercise the right of withdrawal, the consumer must notify OliVera in writing or by email within the 14-day withdrawal period.

  After notifying OliVera of the decision to withdraw, the consumer must return the product within 14 days.

  The consumer is responsible for providing proof that the returned goods were shipped on time, such as a shipping receipt or tracking confirmation.

  If the consumer fails to notify OliVera within the withdrawal period or fails to return the product within the required timeframe, the purchase will be considered final.

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  Section 7 – Costs in the Event of Withdrawal

  If the consumer exercises the right of withdrawal, the consumer is responsible for the cost of returning the product unless otherwise required by applicable law.

  Any payments received by OliVera will be refunded as soon as reasonably possible and no later than 14 days after the withdrawal request has been received, provided that the returned product has been received or sufficient proof of return shipment has been supplied.

  Refunds will be issued using the same payment method originally used for the purchase unless otherwise agreed.

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  Section 8 – Exclusions from the Right of Withdrawal

  OliVera reserves the right to exclude certain products or services from the right of withdrawal where permitted by applicable law. Such exclusions will always be clearly communicated before the agreement is concluded.

  The right of withdrawal may be excluded for products including, but not limited to:

  • Products manufactured according to the consumer's specifications.

  • Personalized or custom-made products.

  • Products that cannot be returned due to their nature.

  • Products that deteriorate or expire rapidly.

  • Products whose prices depend on fluctuations in the financial market beyond OliVera's control.

  • Newspapers, magazines, and periodicals.

  • Audio recordings, video recordings, or computer software where the seal has been broken after delivery.

  • Sealed hygiene or personal care products where the protective seal has been broken after delivery.

  The right of withdrawal may also be excluded for services including:

  • Accommodation, transportation, restaurant services, or leisure activities scheduled for a specific date or period.

  • Services that have begun with the consumer's prior express consent before the withdrawal period has expired.

  • Betting, lottery, or gambling-related services where permitted by applicable law.
    

    Section 9 – Pricing

    The prices of the products and/or services offered by OliVera will not be increased during the validity period stated in the offer, except where price changes result from changes in applicable tax rates or other legal requirements.

    Notwithstanding the foregoing, OliVera may offer products or services with variable pricing where such prices are subject to fluctuations in the financial market beyond its control. Where applicable, this dependency on market fluctuations and the fact that listed prices are indicative will be clearly stated.

    Price increases within three (3) months after the conclusion of the agreement are only permitted if they result from statutory regulations or legal provisions.

    Price increases occurring more than three (3) months after the agreement has been concluded are permitted only if:

    1. They are the result of statutory regulations or legal requirements; or

    2. The consumer has the right to terminate the agreement effective from the date the price increase takes effect.

    Unless otherwise stated, all prices displayed on our website are exclusive of any applicable import duties, customs clearance fees, local taxes, or similar charges imposed by the destination country. Such charges remain the sole responsibility of the customer.

    OliVera reserves the right to correct typographical errors, pricing mistakes, or obvious inaccuracies. No rights may be derived from incorrect pricing or publication errors.

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    Section 10 – Product Conformity and Warranty

    OliVera warrants that the products and services supplied conform to the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and all applicable legal requirements in force at the time the agreement is concluded.

    Where expressly agreed, OliVera also warrants that the product is suitable for uses other than its ordinary intended purpose.

    Any warranty provided by OliVera, the manufacturer, or the supplier is in addition to, and does not limit, any statutory rights available to the consumer under applicable law.

    Consumers must notify OliVera in writing of any defective or incorrectly delivered products within 14 days after delivery.

    Products must be returned in their original packaging and, where reasonably possible, in unused and resalable condition.

    The warranty does not apply if:

    • The product has been repaired, modified, or altered by the consumer or a third party without prior authorization.

    • The product has been subjected to abnormal use, misuse, negligence, improper storage, accidental damage, or use contrary to the instructions provided by OliVera.

    • The defect results wholly or partially from government regulations concerning the nature or quality of the materials used.

    Except where prohibited by law, OliVera shall not be liable for determining whether a product is suitable for a particular purpose intended by the consumer.

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    Section 11 – Delivery and Performance

    OliVera will exercise the utmost care when processing and fulfilling customer orders.

    Orders accepted by OliVera will be fulfilled as quickly as reasonably possible and, unless otherwise agreed, no later than 30 days after the order has been placed.

    If delivery is delayed or if an order cannot be fulfilled in whole or in part, the consumer will be informed as soon as reasonably possible and no later than thirty (30) days after placing the order.

    In such circumstances, the consumer has the right to terminate the agreement without penalty and, where required by applicable law, may be entitled to a refund or other statutory remedies.

    If the agreement is terminated for the reasons described above, OliVera will refund all payments received without undue delay and no later than 14 days after termination.

    If an ordered product becomes unavailable, OliVera reserves the right to supply a comparable replacement product. The consumer will be clearly informed before or upon delivery that a substitute product has been provided. Where a substitute product is supplied, the consumer retains all applicable rights of withdrawal.

    Unless otherwise required by law, the risk of loss of or damage to products passes to the consumer when the products have been delivered to the consumer or to a person designated by the consumer.

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    Section 12 – Ongoing Agreements: Duration, Termination, and Renewal

    Termination

    The consumer may terminate any agreement entered into for an indefinite period that provides for the regular delivery of products or services at any time, subject to the agreed termination procedure and with a notice period not exceeding one (1) month.

    A fixed-term agreement for the regular supply of products or services may be terminated by the consumer at the end of the agreed term, subject to the agreed termination procedure and a notice period not exceeding one (1) month.

    The consumer has the right to:

    • Terminate such agreements at any time in accordance with the applicable notice period.

    • Use the same method of termination as was used to enter into the agreement.

    • Never be subject to a longer notice period than that imposed on OliVera.

    Renewal

    Fixed-term agreements may not be automatically renewed or extended for another fixed period unless such renewal is permitted under applicable law.

    Where permitted by law, subscriptions or recurring service agreements may continue on an indefinite basis only if the consumer retains the right to terminate the agreement at any time with no more than one (1) month's notice.

    Trial subscriptions and introductory offers automatically expire at the end of the agreed trial period unless expressly renewed by the consumer.

    Duration

    If an agreement has a duration exceeding one (1) year, the consumer may terminate the agreement after one year by providing no more than one (1) month's notice, unless applicable law or the nature of the agreement reasonably requires otherwise.
    

    Section 13 – Payment

    Unless otherwise agreed in writing, all amounts owed by the consumer must be paid immediately upon placing an order through the payment methods made available by OliVera.

    The consumer is responsible for providing accurate and complete payment information. Any inaccuracies in payment details must be reported to OliVera without undue delay.

    If a payment is declined, reversed, or otherwise remains outstanding, OliVera reserves the right to suspend or cancel the order until full payment has been received.

    In the event of late or non-payment, OliVera reserves the right, to the extent permitted by applicable law, to charge any reasonable costs incurred in collecting the outstanding balance, provided such costs have been communicated to the consumer in advance where required.

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    Section 14 – Complaints Procedure

    Any complaints regarding the performance of the agreement or the products supplied by OliVera should be submitted within 7 days after the consumer discovers the issue.

    Complaints must be submitted in writing and include a clear description of the problem to enable prompt investigation.

    OliVera aims to acknowledge and respond to all complaints within 14 days of receipt. If a complaint requires a longer investigation period, the consumer will receive confirmation that the complaint has been received together with an estimated timeframe for a full response.

    If a complaint cannot be resolved through mutual consultation, the dispute may be submitted to the competent court or other dispute resolution body as required under applicable law.

    Submitting a complaint does not suspend the consumer's payment obligations unless otherwise required by law or expressly agreed by OliVera.

    If OliVera determines that a complaint is justified, it will, at its sole discretion, repair, replace, or otherwise remedy the affected product free of charge where appropriate.

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    Section 15 – Governing Law

    These Terms of Service and any agreements concluded between OliVera and the consumer shall be governed by and interpreted in accordance with the laws applicable in the jurisdiction where OliVera conducts its business, unless mandatory consumer protection laws require otherwise.

    Nothing in these Terms shall deprive consumers of any mandatory rights granted under the laws of their country or state of residence.

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    Section 16 – Contact Information

    Questions regarding these Terms of Service or any aspect of our services may be directed to:

    OliVera

    Email: info@tryolivera.com

    We will make every reasonable effort to respond to your inquiry as promptly as possible.