Terms of Use and Sale

The Owner undertakes to comply with the regulations regarding the Protection of Personal Data and to respect the privacy of Users. The objective is to offer the best service to the User and for this it is necessary to process their personal data.

Last update: August 9th, 2023.

1.- Ownership

The owner of this website and data controller for the processing of this website is LLORADU S.L. (hereinafter the “Service”), with address at Plaza Mayor, 2, 1º, CP 07002, Palma, Balearic Islands, Spain.

Correo electrónico: jalemany@sempervivens.com 
NIF: B16607079
LLORADU S.L. is registered in the Public Registry of Commerce of Palma de Mallorca, volume 2794, sheet 173, page PM 85709.

The use of the website attributes you the status of user, and with this you accept the terms and conditions indicated below: these Terms of Use and Sale, our Privacy Policy and our Cookie Policy.

2.- Acceptance

The Service is available to any user, for their own consumption and subject to the following terms and conditions: these Terms of Use and Sale, our Privacy Policy and our Cookie Policy, which will also always be available at the footer of the site. This website must not be used for illicit purposes or in a manner other than what is contemplated therein.

3.- Description of the Service

Through the Service, you can acquire a funeral set called Semper Vivens, consisting of a funeral urn that allows the germination and development of a Catalpa tree, with the direct participation of the nutrients that the ashes of our loved one will provide, including containers with everything necessary for the care and maintenance of the tree, as well as fine cotton gloves, table cloth with gold embroidery and a 24-karat gold-plated ladle to carry out the ritual.

The purchasing process in the online store will be as follows:

• Within the website you will have our Semper Vivens funeral set at your disposal.
• After selecting the product, it will be included in the shopping cart. At that time you can continue buying more products or go to the checkout.
• Once the selection is completed, the user account will be created after completing your personal information, the billing address, the delivery system and the payment method.
• In the last phase, a summary of the items purchased, payment method, delivery method, acceptance of the terms and conditions of the Service and the button to confirm the purchase will be presented.
• Once the purchase is formalized, you will have access to an irrigation calculator to take care of your tree and an after-sales service to resolve any questions that may arise.

On the other hand, we inform you that for legal reasons we archive the electronic documents in which the purchases are formalized in your profile. You can access these documents at any time in your account or by requesting it at: jalemany@sempervivens.com 

In that sense, as a user of the Service you agree to receive electronic invoices for your purchases. In any case, whenever you request it, the invoice will be sent to you in paper format at the address you indicate. For more information, contact us at: jalemany@sempervivens.com 

Likewise, during the purchase process you can modify the number of units, change the delivery and billing addresses, the payment method and the delivery system. To do this, you must go back to the corresponding button when possible and before final acceptance of the purchase and sale.

Once the purchase and sale have been made, it will be confirmed by sending an email, within a maximum period of 24 hours, to the address you have indicated. It will indicate the product purchased, its amount, applicable taxes, shipping costs, the payment method, the place and delivery time and the applicable terms and conditions.

4.- External links

You may be directed from the Service to other websites through links. However, the Service does not control those sites or their content, which are in fact subject to their own terms and conditions. Therefore, the Service is not responsible for the quality, truthfulness or accuracy of those sites.

5.- Age

Regarding the use of the website, you declare that you are of legal age and that you have the necessary legal capacity to be bound by this agreement and use the site in accordance with its terms and conditions, which you fully understand and acknowledge.

Furthermore, you affirm that you have the consent and/or legal authorization of third parties whose data and photographs you share through the website, especially in the case of minors.

You represent that all information you provide to access the Service, before and during its use, it is true, complete and accurate.

6.- Intellectual and industrial property

6.1.- Own content

The content and information on the Service (including data, text, sound, video, image or computer code), as well as the infrastructure used to provide such content and information, is either the property of the Service or has the corresponding authorizations for its use.

Furthermore, no intellectual or industrial property rights are transferred to the client over the website or any of its component elements, and reproduction, transformation, distribution, public communication, making available, extraction, reuse, forwarding or use of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.

Any other use of the content of the Service requires our prior written consent.

6.2.- User content

As a user you can contribute to the Service in various ways, such as sending emails or submitting suggestions (hereinafter “Content”).

We may use that Content in a variety of ways, including displaying it on the website, reformatting it, translating it into other languages, editing it for clarity, correcting errors, creating derivative works from it, promoting it, and distributing it.

Therefore, the Content remains your property but by sending it you grant the Service a worldwide, non-exclusive, free license, until the content is removed, transferable and sublicensable over that Content.

7.- Product delivery and availability

During the purchasing process you will be informed of the expected delivery times to the place where you are located. We inform you that we deliver to Spain, Portugal, Germany, Belgium, Denmark, France, Holland, Italy, Sweden and Switzerland.

In relation to shipments to the United Kingdom, contact us through jalemany@sempervivens.com and we will indicate your local distributor.

In any case, the delivery date at your home may change depending on the availability of the chosen product, the warehouse of origin, the shipping area or specific circumstances of each order. It may also change due to extraordinary incidents with the carrier, meteorological causes or any other type of similar difficulties in the delivery of the merchandise.

In any case, remember that deliveries are made every day of the week except Mondays, Saturdays, Sundays and holidays.

On the other hand, if the purchased product is not available, the consumer will be informed of this through the website and will not be able to select it for purchase. In that case, we will offer you an alternative of equal or higher quality, with the corresponding price adjustment, and which you can freely accept or reject.

8.- Price and taxes

The prices of the products or services offered are indicated in euros (€), with the Value Added Tax (VAT) in effect at the time of purchase recorded on the price.

In any case, the operation could be exempt or not subject to VAT depending on your country of residence or the condition in which you operate. Therefore, in some cases the final price of the order may be altered with respect to the one shown.

The price of the products or services will be the one stipulated at all times on the website, except in the case of obvious error. Although we try to ensure that all prices listed on the website are correct, errors may occur.

If an error is discovered in the price of the products or services that the customer has ordered, the Service, after informing you as soon as possible, will give you the option of reconfirming your order at the correct price or canceling it. If the Service is unable to contact the customer, the order will be considered canceled and the amounts that have been paid will be fully refunded.

The Service is not obliged to supply products or services (even if the Shipping Confirmation has been sent) if the error in the price is obvious and unmistakable and could have reasonably been recognized by the customer as an incorrect price.

Prices of products or services may vary, but (except as set out above) any changes will not affect orders for which a shipping confirmation has already been sent.

Finally, the buyer undertakes to use the website diligently and in good faith, to pay the established price and is responsible for the veracity of the data provided required for the transaction.

For any clarification, incident or claim, you can contact us at the following email: jalemany@sempervivens.com 

9.- Shipping costs

Shipping costs are included in the purchase price.

10.- Payment method  

Online payment for purchased products must be made in full in advance and through:

• Credit and debit card
• Paypal

In this sense, the Service informs credit and debit card holders that transactions in the online store are carried out on a secure payment gateway, using TLS technology to guarantee security in the transmission of data.

11.- Right of withdrawal, returns and refunds

11.1.- Right of withdrawal

You can cancel your order at any time and without any cost as long as you communicate it before the order has been made available to the carrier for shipment.

If the amount of the requested product had already been charged before the cancellation, the refund period will be up to 14 calendar days from when the Service has been informed of the decision to cancel the order.

To exercise the right of withdrawal, you will have 14 natural days from the day you received the order and you must notify us at Plaza Mayor, 2, 1º, CP 07002, Palma, Illes Balears, Spain. You can also do it by email at jalemany@sempervivens.com 

In any case, you must notify us of your decision in a manner that allows us to verify that the products have been purchased in our store and that the period to withdraw from the contract is still valid.

Although it is not mandatory, you can use the withdrawal form that we provide in the Annex at the end of our Terms of Use and Sale.

If you exercise your right of withdrawal, we will return all payments received, including delivery costs where applicable, within a maximum of 14 calendar days from the date on which you inform us of your decision, as long as we have previously received the goods. or you have presented proof of its shipment, depending on which condition is met first. In any case, the direct costs of returning the goods must be assumed by you.

We will make said refund using the same payment method that you used for the initial transaction, unless you expressly indicate otherwise.

11.2.- Returns and commercial guarantee

As a seller, the Service will be responsible for any lack of conformity that appears within a period of three years from delivery in the case of goods or two years in the case of digital content or services. In such cases, the consumer and user may choose between demanding a reparation (in the event that the goods are susceptible to repair) or replacing the product, unless one of these two options is objectively impossible or disproportionate.

If the expenses involved in the repair or replacement make either of the two impossible, in relation to the value of the product, a price reduction will be offered.

To exercise this right, the consumer and user must inform the seller of the lack of conformity, taking into account the moment from which they became aware of it and it must always be taken into account that the lack of conformity that they allege and the moment in which the claim must be compatible with the nature of the product or service.

The exercise of this right will be free for the consumer. For more information or to exercise your right, contact us at jalemany@sempervivens.com 

Once the request has been confirmed, and in the case of a product, the carrier will contact you to specify the day and time of collection, without additional charges.

On the other hand, if by mistake a product other than the one requested was delivered to you, please notify us in jalemany@sempervivens.com and the correct product will be delivered to you, picking up the first one, at no additional charge to you.

12.- Validez de las ofertas 

The products offered in the Service, and their prices, will be available for purchase while they are in the product catalog displayed through this website.

In any case, the Service reserves the right to make any modifications to the Service that it deems appropriate, and may update products and services based on the market.

The Service reserves the right to change prices without prior notice.

We inform you that despite the updates made to the prices of the Service, they may contain errors. We will promptly correct any errors that appear, but they will not be binding on the Service.

Likewise, the Service may, at its sole discretion, create promotional codes that may be redeemed for products or as a discount on part of the price of the products to be purchased by the user, subject to these conditions or any additional conditions that the Service establishes. specifically for each promotional code.

If you use promotional codes you agree that:

• They should only be used for the intended purpose and in a lawful manner.
• They may not be duplicated, sold or transferred in any way, or made available to the general public (whether posted in a public forum or otherwise), except with the permission of the Service.
• They may be invalidated by the Service if non-compliance or fraud is detected in their use.
• They may be used only in accordance with the specific conditions that the Service establishes for said promotional code.
• They may, depending on their terms, expire before you use them.

13.- Security

As indicated above, the entire purchase and sale procedure, as well as the transmission of your personal data and payment systems, is carried out on a secure page and encrypted through the TLS protocol.

We guarantee the security of the Service in accordance with present technological knowledge. However, the Service cannot guarantee its complete future security. In any case, we are committed to correcting and implementing the appropriate corrective measures to correct a possible security breach as soon as possible.

You agree to notify the Service, immediately and via email at jalemany@sempervivens.com of any situation that could lead to the impersonation of a user.

14.- Exclusion of guarantees and liability

The Service will apply its maximum diligence to provide it, including the accuracy, completeness or timeliness of the content and the availability and continuity of the operation of the Service.

In any case, the user understands that the Service could contain errors and omissions that will be resolved as soon as they are detected or communicated. On the other hand, the Service will try to warn sufficiently in advance of any interruptions that may occur in the operation of the Service.

In any case, the Service is not responsible for the level of usefulness that users may have attributed to it.

Likewise, the Service excludes any liability for damages of any kind that may be due to the use of it and its contents by users, clients or professionals, or that may be due to the lack of veracity, validity or authenticity of the information that users provide to others about themselves. In particular, the Service excludes any liability for damages of any kind that may be due to the impersonation of a third party carried out by a user in any type of communication made through the Service.

15.- Modifications and nullity

We may update the terms and conditions of the Service in the future, as well as features and functions of the Service itself.

We will inform you about changes to the terms and conditions by placing a notice in a prominent place on our website and/or by email.

If any clause included in these terms and conditions is declared, in whole or in part, null or ineffective, it will only affect said provision or the part thereof that is null or ineffective. The terms and conditions will subsist in everything else, with such provision, or the part of it that is affected, being not included.

16.- Claims and actions derived from the contract

In the event of a dispute, this Service is subject to the legislation and courts of the consumer’s domicile.

If the person contracting the Service is not legally considered a consumer, in the event of a dispute the parties submit to the courts of Palma and Spanish legislation.

In this sense, and in accordance with the applicable regulations, the Service informs of the existence of a European online dispute resolution platform that facilitates the extrajudicial resolution of said disputes for contracts also concluded online between consumers and Internet service providers. This platform can be accessed through the following website: http://ec.europa.eu/odr 

17.- Languages ​​of the texts

The following terms and conditions are presented in Spanish, English and French. In case of contradiction between the different versions, the Spanish version will prevail.

18.- Customer service and contact

For any clarification, incident or claim, you can contact us through:

E-mail: jalemany@sempervivens.com 

Postal address: Plaza Mayor, 2, 1º, CP 07002 Palma, Balearic Islands, Spain.