Conditions of Use and Sale

Conditions of Use and Sale

Last updated on 18 Nov 2018.

Welcome to OHMYSOUVENIR.COM

OH MY SOUVENIR provide its products to you when you visit or shop at OHMYSOUVENIR.COM subject to the conditions set out on this page.

Please see our Privacy Notice, our Cookies Notice,

Conditions of Use

Please read these conditions carefully. By using OH MY SOUVNIR, you signify your agreement to be bound by these conditions. 

  1. ELECTRONIC COMMUNICATIONS

When you use our web page or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.

2.RECOMMENDATIONS AND PERSONALISATION

As part of our service, we will recommend features, products, and services, including third part ads that might be of interest to you, identify your preferences, and personalise your experience.

3.COPYRIGHT, AUTHORS’ RIGHTS AND DATABASE RIGHTS

All content included in or web site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of OH MY SOUVENIR or its content suppliers and is protected by Spanish and international copyright, authors’ rights and database right laws.

You may not extract and/or re-utilise parts of the content of our web page without our express written consent..

4. TRADEMARKS

OH MY SOUVENIR’s trademarks and trade dress may not be used in connection with any product or service that is not OH MY SOUVENIR’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Amazon.

5. YOUR ACCOUNT

You may need your own account to use OH MY SOUVENIR Services, and you may be required to be logged into the account and have a valid payment method associated with it.

If there is a problem charging your selected payment method we may charge any other valid payment method associated with your account.

6. OUR LIABILITY

We will do our utmost to ensure that availability of our products will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to our products may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

OH MY SOUVENIR will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using OH MY SOUVENIR.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

7. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Spain, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Valencia City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Spain or in the EU country in which you live.

8. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE

We reserve the right to make changes to any OH MY SOUVENIR Services, policies, terms and conditions including these Conditions of Use, and Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the OH MY SOUVENIR Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

9. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may use the OH MY SOUVENIR web page only with the involvement of a parent or guardian.

10. OUR CONTACT DETAILS

This website is owned and maintained by OH MY SOUVENIR.

Information about OH MY SOUVENIR:

Maria Amparo Guillem López

Fiscal Address:

C/ Rafael Valls, 25. 46940 Manises (Spain)

VAT registration Number (NIF) : 48.710.419-F

Contact:

Email: amparo@ohmysouvenir.com

Tel: +34 628 503 006

Conditions of Sale

These Conditions of Sale govern the sale of products by OH MY SOUVENIR to you.

Please read these conditions carefully before placing an order with OH MY SOUVENIR. By placing an order with OH MY SOUVENIR, you signify your agreement to be bound by these conditions.

  1. OUR CONTRACT

Your order is an offer to OH MY SOUVENIR to buy the product(s) in your order. When you place an order to purchase a product from OH MY SOUVENIR, we will send you an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation E-mail”). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail confirmation to you that we’ve dispatched the product to you (the “Dispatch Confirmation E-mail”). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation E-mail. Your contract is with OH MY SOUVENIR. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation E-mail relating to that product.

You consent to receive sales invoices electronically. For further information about electronic invoices and instructions on how to receive a paper copy please contact with us by E-mail.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

  1. RIGHT OF CANCELLATION UP TO 15 DAYS, AND EXCEPTIONS TO CANCELLATION.

STATUTORY RIGHT

Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 15 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased.

You must inform us of your decision to cancel your order. To meet the cancellation deadline, it is sufficient for you to send your communication before the 15 days’ cancellation period has expired and return the item to us. 

EFFECTS OF CANCELLATION

We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 15 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased.

Note that you must send back the goods no later than 15 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).

EXCEPTIONS TO THE RIGHT OF CANCELLATION

The right of cancellation does not apply to:

  • the delivery of sealed audio or video recordings or of sealed software if unsealed by you after delivery;
  • the supply of goods made to your specifications or clearly personalized;
  • the supply of goods which may deteriorate or expire rapidly;
  1. PRICING AND AVAILABILITY

All prices are inclusive of legally applicable VAT.

We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.

Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.

  1. PRODUCT INFORMATION

Unless expressly indicated otherwise, OH MY SOUVENIR is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information. Please always read labels, warnings and directions provided with the product before use.

OH MY SOUVENIR accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

  1. CUSTOMS

When ordering products from OH MY SOUVENIR for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from OH MY SOUVENIR, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

  1. OUR LIABILITY

OH MY SOUVENIR will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.

The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.

  1. APPLICABLE LAW

These conditions are governed by and construed in accordance with the laws of Spain (with the exception of its conflict of law provisions), and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Valencia, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in Spain or in the EU country in which you live. If you are a consumer and have your habitual residence in the EU, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence.

  1. AMENDMENTS TO THE CONDITIONS OF SALE

We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

  1. WAIVER

If you breach these Conditions of Sale and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Sale.

  1. CHILDREN

We do not sell products for purchase by children. We sell children’s products for purchase by adults. If you are under 18 you may only use OHMYSOUVENIR.COM with the involvement of a parent or guardian.

  1. OUR CONTACT DETAILS

Our contact details are:

Maria Amparo Guillem López

Fiscal Address:

C/ Rafael Valls, 25. 46940 Manises (Spain)

VAT registration Number (NIF) : 48.710.419-F

Contact:

Email: amparo@ohmysouvenir.com

Tel: +34 628 503 006