General Terms and Conditions of Sale
1. the scope of application
The following General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs via our online shop.
Consumers or users are natural persons acting outside their trade, business, craft or profession. Consumers are also legal entities and partnerships that act outside their commercial, business, craft or professional activities for non-profit purposes. An entrepreneur is a natural or legal person or a company with legal capacity that acts for a purpose that can be attributed to its commercial, business, craft or professional activity.
We hereby object to our customers’ own general terms and conditions of business, which supplement or contradict our terms and conditions, in relation to entrepreneurs. Such third-party general terms and conditions shall only become part of the contract if we have expressly recognised them.
2. contracting parties, conclusion of contract, possibility of correction
Olli Mar Excursions S.L.U. is the contractual partner of the purchase contract.
The presentation of the products in the online shop constitutes a legally binding offer. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order using the correction aids provided and explained in the ordering process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of your order will be sent by e-mail immediately after the order has been sent.
3. contract language, contract file
The language(s) available for the conclusion of the contract are: German, English, Spanish
We record the text of the contract and send the customer the order data and our GTC by e-mail. The customer can also view the GTC at any time. For security reasons, orders that have already been placed are not accessible via the Internet.
4. terms of delivery
Shipping within Spain is free of charge.
All orders are dispatched. It is not possible to collect the goods from our business premises.
We do not ship to parcel stations.
5. payment
In principle, the following payment methods are offered in our online shop:
Credit card via Stripe
In co-operation with the payment service provider Stripe, we offer payment by credit card. When you place your order, you also send us your credit card details. As soon as you are authenticated as the legitimate cardholder, your credit card company will automatically make the payment and charge your card.
SEPA Direct Debit Scheme via Stripe
In co-operation with the payment service provider Stripe, we offer payment by SEPA direct debit. When you confirm your order, you issue us with a SEPA direct debit order for payment. You will be informed of the date on which your account will be debited in a separate pre-notification. After submitting the SEPA direct debit mandate, we will ask our bank to initiate the payment process. Payment is made automatically and your account is debited. Your account will be debited before the purchased goods are dispatched. The period for advance notification of the date on which your account will be debited (advance notice period) is one day.
PayPal
In order to be able to pay the invoice via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, log in with your access data and confirm the payment instruction. The payment transaction will be processed via PayPal after the goods have been dispatched. You will receive further instructions during the ordering process.
PayPal offers some PayPal customers other payment methods on the customer account at its own discretion. However, we have no influence on the offer of these payment methods; other payment methods offered have an individual effect on your legal relationship with PayPal. You can find more information about this in your PayPal account.
Payment process via PayPal
In co-operation with the payment service provider PayPal, we offer you various payment options. You do not need to be registered with PayPal to pay the invoice amount. Depending on the selected payment method, you will be redirected to the PayPal website and the selected payment service after placing the order:
Credit card:strong
, lbThe payment transaction will be carried out immediately after confirmation of the payment order and after legitimisation as the cardholder by the credit card company at the request of PayPal, whereupon your credit card will be debited.
Direct Debit Scheme – SEPA:
On the PayPal website you can enter your payment details, confirm the use of your data by PayPal and the payment transaction to PayPal. By confirming the payment transaction, you issue PayPal with a direct debit mandate. PayPal will inform you about the time of the direct debit collection (so-called pre-notification). By sending the direct debit mandate immediately after confirming the payment transaction, PayPal requests your bank to initiate the payment transaction. The payment process is carried out and your bank account is debited.
6. right of cancellation
Consumers can exercise the statutory right of cancellation as described in the cancellation policy. We do not grant a voluntary right of cancellation for entrepreneurs.
7. reservation of title
The following also applies to entrepreneurs: We reserve title to the goods until all claims arising from the business relationship have been settled in full. As a rule, you may resell the reserved goods, but you assign to us in advance all claims arising from the resale in the amount of the invoice amount – irrespective of whether the reserved goods are combined or mixed with a new item – and we accept this assignment. You remain authorised to collect these claims, but we may also collect them if you do not meet your payment obligations.
8. transport damage
For entrepreneurs, the following regulation shall apply: The risk of accidental loss and accidental deterioration shall pass to them as soon as we have delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. Between merchants, the right of inspection and complaint regulated in Art. 342 of the Spanish Commercial Code applies. If you do not make a complaint in accordance with this article, the goods are deemed to have been accepted, unless there is a defect that was not recognisable during the inspection. This shall not apply if we have fraudulently concealed a defect.
9. legal guarantee of conformity and commercial guarantees
9.1 Liability for defects
Unless otherwise agreed below, the statutory warranty for defects shall apply.
The following limitation periods shall not apply to claims for damages caused by us or our legal representatives or vicarious agents:
- in the event of injury to life, body or health
- in the event of a wilful or grossly negligent breach of duty or wilful misconduct
- in the event of a breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and compliance with which can be regularly relied upon (cardinal obligations)
- on the basis of a guarantee commitment, if this has been agreed
- if the scope of application of product liability law is extended.
Restrictions vis-à-vis employers
In relation to entrepreneurs, only our own information and the manufacturer’s product descriptions included in the contract shall be deemed to be an agreement on the quality of the goods; we accept no liability for public statements or other advertising statements made by the manufacturer. The limitation period for claims for defects against entrepreneurs is one year from the date of delivery of the goods and the associated transfer of risk. The sale of used goods is subject to the exclusion of any warranty.
The following applies to consumers: If the customer receives goods with obvious transport damage, he must notify the carrier of the damage immediately and inform us without delay. If the customer fails to make a complaint or report the damage in the manner described above, this shall have no effect on his statutory rights or his ability to assert such rights, so that in particular this shall have no consequences for his warranty claims to the goods. However, by reporting any transport damage, the customer helps us to assert our own rights against the carrier or the transport insurer.
Rules vis-à-vis economic operators
Between merchants, the right of inspection and complaint regulated in Art. 342 of the Spanish Commercial Code applies. If you do not make a complaint in accordance with this article, the goods are deemed to have been accepted, unless there is a defect that could not be detected during the inspection. This shall not apply if we have fraudulently concealed a defect. The limitation periods remain unaffected by this.
9.2 Warranties and customer service
Information about any additional guarantees that may apply and their exact conditions can be found in the product information and on the special information pages of the online shop.
10. responsibility
We always assume full liability for claims for damages caused by us or our legal representatives or vicarious agents.
- whether damage to life, body or health has occurred
- whether there has been an intentional or grossly negligent breach of duty
- whether security promises have been agreed
- whether the scope of application of product liability law should be extended.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
Claims for damages are otherwise excluded.
11. online dispute resolution
The European Commission provides a platform for online dispute resolution, which can be found at the following link: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before an arbitration board.
12. protection of minors
If your order contains products whose sale is subject to an age restriction, we use a reliable procedure that includes an age and identity check to ensure that the person placing the order has reached the required minimum age. The carrier delivers the product personally to the person who placed the order after checking their age.
13. final provisions
If you are an entrepreneur, Spanish law applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Monday – Friday:
8:30 – 15.00
Saturday:
Closed
Sunday:
8:30 – 15.00