These Terms and Conditions govern access to and use of the Website www.elysium-cbd.com owned by ELYSIUM CBD OILS, S.L. (hereinafter, “ELYSIUM”).
The data of ELYSIUM are set out below:
• Company name: ELYSIUM CBD OILS, S.L.
• Tax ID: B-42721241
• Registered office: Avenida Diagonal 405 Bis, 7º A, 08008 – Barcelona
• Contact email address: firstname.lastname@example.org
Acceptance of the Terms and Conditions and access to the Website
Access to the Website (hereinafter, the “Website”) entails the acceptance of these Terms and Conditions and of the different modifications and/or additional legal texts that ELYSIUM may include in the future.
Use of the Website services by the user (hereinafter, the “User” or “Users”) entails their acceptance of these Terms and Conditions, which set out the rights and obligations of ELYSIUM and the User in regard to the contractual relationship derived from using the products and services that can be accessed through the Website. These are the only Terms and Conditions applicable to the use of the Website and placing orders on the Website, and they replace all other conditions.
By accepting these Terms and Conditions the User declares they are over the age of 18 and have sufficient legal capacity to enter into contracts.
This Website has been developed by ELYSIUM for the purpose of offering Users the option of purchasing different types of cosmetic products made with CBD, and electronic devices or vape pens (hereinafter, the “Products”).
The Website makes available to the Users the option of purchasing the Products offered on the Website:
Purchase of products in stock: The Website will communicate those Products that are in stock and available, which the Users can purchase whenever they wish.
Purchase of out of stock products: The Website will communicate the Products that are out of stock and offer the Users the option of being informed as soon as the Products are available, if they wish, to allow them to purchase said Products.
The Website offers the Users the option of creating an account in a website form that must be completed with the data requested therein.
Users will be held responsible for the use of their User account. Therefore, the Users are responsible for the adequate safeguarding and non-disclosure of their username and/or password and of all data that allow them to access their account, and they undertake not to assign their use to any third party, whether temporarily or permanently, or to permit third parties to access them.
By virtue of the foregoing, the Users must immediately inform ELYSIUM by email email@example.com of any improper use of their username and/or password due to circumstances such as theft, loss or unauthorised access to the same, so that ELYSIUM can cancel them or block and/or disable them as soon as it becomes aware of the improper use of the User’s account. Until such facts have been notified, ELYSIUM declines all liability that could arise due to improper use of usernames or passwords by any unauthorised third parties.
Conduct of the Users on the Website
The Users agree to use all information or contents to which they gain access through the Website lawfully, diligently, honestly and properly, all in accordance with the principles of good faith and at all times observing the law and these Terms and Conditions.
In particular, among other things, the Users must not:
i. Register or communicate data that are not truthful, accurate, complete and/or updated, or access the Website using the username, identification data or password of another User, or impersonate or misrepresent the identity of any other person.
Use the Website for fraudulent purposes or purposes related to criminal offences or illegal activities of any kind.
In this regard, ELYSIUM declares that it has implemented suitable mechanisms for detecting possible fraud, anomalous or wilful actions that are intended to alter the general conditions of use of the account by the Users.
ELYSIUM reserves the right to reject any attempt to access the Website, cancel accounts, eliminate or modify contents or cancel the provision of Services in cases in which the Website is not used correctly.
Orders and conditions of sale
ELYSIUM ships orders to any part of Spanish mainland territory, Ceuta, Melilla, the Balearic Islands and the Canary Islands.
Notwithstanding the above, if the User wishes to establish any other country outside Spain as the place of delivery, they should contact ELYSIUM at the email address firstname.lastname@example.org specifying the reference “International shipment” and describing the characteristics and information required to process said order.
For its part, ELYSIUM informs the Users that all costs and charges (transport costs, duties/taxes, etc.) incurred in processing international orders must be paid by the User, and ELYSIUM is exonerated from paying or crediting any cost related to such items.
To make a purchase, Users must complete the Platform order form.
As a general rule, ELYSIUM will not intentionally offer for sale any more units than the ones it has in stock.
However, situations may arise in which a User purchases a number of items that are not physically present in the stock of ELYSIUM and thus cannot be immediately delivered to the User.
In such cases, ELYSIUM will inform the User of the unavailability of the requested number of products and that there may be a delay in the delivery of the items for that reason, specifying the approximate delivery date and in all cases, giving the User the option of replacing the requested items with other similar ones or cancelling the order if they so wish, in which case the amount of the paid amounts will be refunded as soon as possible.
Prices and payment method
The prices of the Products indicated on the Website are expressed in Euros and include VAT and other applicable taxes. The User may have to pay local import taxes when they receive international orders.
The User will receive the Product at the postal address provided during the purchase process. Shipping costs are not included in the Produce prices. Before purchasing the Product the User will be informed about the exact shipping cost.
The user may pay the order amount using the payment methods accepted by the Website: payment by credit or debit card and bank transfer.
ELYSIUM will send an email to the User within twenty-four (24) hours confirming the details of the purchase. The email will assign a reference code to the purchase and specify the Product characteristics, its price, the shipping costs and the data of the chosen option for paying for the purchased Products, as well as the invoice or the respective payment receipt document once the order has been formalised, that is, after accepting these Terms and Conditions and making the respective payment.
Users are guaranteed the total security of the payment process in accordance with the required protocols and security services.
Users may inform ELYSIUM of any incorrect or fraudulent charge in the payment method used to make their purchases by sending an email to email@example.com as soon as possible so that ELYSIUM can take the appropriate steps.
Shipping costs are approximate and will depend on the weight of the package and the place of delivery, as shown in the following table:
|Country||Area||Peso del envío (kg)||Coste Cliente con IVA (€)|
|España||Península (48h)||1kg/2kg||Free Shipping|
|España||Baleares – Mallorca (48h)||1kg/2kg||3,00 €|
|España||Baleares – Menorca e Ibiza (48h)||1kg/2kg||3,00 €|
|España||Baleares – Formentera (48h)||1kg/2kg||3,00 €|
|España||Canarias postal (3-6d)||1kg/2kg||6,00 €|
|EU||Reino Unido||1||8,00 €|
|EU||República Checa||1||8,00 €|
Notwithstanding the above, if, for any reason, the shipment incurs extra costs that are not shown in the table, ELYSIUM will send the User information about those extra costs and the reasons for them, as well as the estimated delivery times.
Delivery times, place and loss
– Product delivery
ELYSIUM undertakes to deliver the Product in perfect conditions to the postal address indicated by the User. To optimise the delivery, we would appreciate it if the User could give an address where the order can be delivered within normal business hours.
ELYSIUM declines all liability for errors caused in the delivery if the delivery address entered by the User on the order form is imprecise, incorrect, false or has been omitted.
Without prejudice to the foregoing, ELYSIUM will take all measures within its power to ensure that the orders can be delivered within the agreed deadline and if this is not the case, as soon as possible and to the entire satisfaction of the recipient.
– Delivery deadlines and notification
The User will receive the Product purchased on the Website within approximately:
-48/72hs working days after ELYSIUM has confirmed receipt of the order, for deliveries in Spanish mainland territory.
-3-6 working days after ELYSIUM has confirmed receipt of the payment of the order, for deliveries in the Balearic Islands, Canary Islands, Ceuta and Melilla.
In the case of deliveries made outside Spanish territory, in its response email, ELYSIUM will provide the User with all the relevant information related to the order in question, including the approximate time for receiving the order at the delivery address by means of an order tracking mechanism.
Nonetheless, Users are informed that the agreed delivery dates are approximate.
The User must consider that on certain dates and during certain times of the year (Christmas, sales periods, Black Fridays, etc.) the delivery time of the shipments could be affected by saturation in transport. It is therefore advisable to reserve and/or purchase items of interest well in advance to ensure they reach their destination on the dates requested by the User.
ELYSIUM informs you that it will not make any deliveries on Saturdays and Sundays, on national or regional holidays or on days that coincide with local festivities that could affect the related transport activities.
In the case of not being able to locate the User at their home address, the courier company will leave a message telling them where the order is and how to collect it.
As previously mentioned in Section 7 of these Terms and Conditions, shipping costs are not included in the Product prices. However, the User will be informed before they purchase the Product.
– Diligence in delivery
The User should check the conditions of the package in the presence of the carrier delivering the requested Product.
If the User detects any anomaly in the Product, they should record it on the delivery note and also inform ELYSIUM by sending an email to: firstname.lastname@example.org.
Information about ELYSIUM Products
The sale of Products on the Website is intended for Users over the age of 18 years.
The information included on the Website in the Product descriptions is only provided for informational purposes.
For this reason, ELYSIUM declines all liability for errors in said information, but it undertakes to take all the necessary steps to correct such or omissions errors as quickly as possible after having been informed of them.
The User is aware that the Products offered on the Website are not medicinal products.
They include a recommendation of use or application provided by the manufacturer which under no circumstances corresponds to the treatment of medical conditions or diseases.
The data or recommendations appearing on the Website and/or the Products in no case replace the opinion of a medical practitioner. Users should consult the treatment of any condition or disease with a medical practitioner.
The Products must not be used during pregnancy or while nursing.
The User agrees that the Products offered by ELYSIUM on its Website will be used at their own risk and under their own responsibility. ELYSIUM is not responsible for the consequences of the incorrect or improper use of the Products.
Product returns and right of withdrawal
– Product returns due to manufacturing faults
If you consider that at the time of the delivery, the Product fails to conform to what is stipulated in the contract, please contact us immediately at email@example.com, giving the order number, product data and a description of the damage or fault detected in the Product. During the warranty period, the User may return any Product that has a manufacturing fault to ELYSIUM, at no cost.
You can return the Product by asking us to send a courier to your home to collect it.
We will examine the returned Product and inform you by e-mail within a reasonable period of time whether you will receive a refund or a replacement (as the case may be). The refund or replacement of the Product will be made as soon as possible and, in all cases, no later than 14 days after the date on which we sent you the email confirming the refund or the replacement of the non-conforming product.
All amounts paid for Products returned due to a flaw or defect that really exists will be reimbursed in full, including delivery costs incurred in delivering the Product to you and any costs you may have incurred in returning it to us. The Product will be returned using the same payment method used to make the purchase.
Each Product to be returned must be unused and with all its labels, seals, packaging and, as applicable, the documentation and original accessory elements that came with the Product. If the Product is not returned sealed and in its original packaging, ELYSIUM reserves the right to reject the return.
– Return policy: Option of exercising the right of withdrawal in relation to the Products
In the event that the User is not in agreement with the Product received in their order, they have a term of 14 calendar days within which to return it without penalty and without having to give reasons, in accordance with the General Law for the Protection of Consumers and Users.
When returning the Product, the User must pay the direct cost of returning their order.
To formalise the return, the User must complete and send the withdrawal form attached to these Terms and Conditions as APPENDIX 1.
After receiving that form, the Customer Service Department of ELYSIUM will contact the User to give them the incident number and tell them how to return the item.
Each Product to be returned must be in perfect conditions, unused and have all its labels, seals, packaging and as applicable, documentation and original accessory elements that came with it. In addition, the duly completed return form must be attached as well as a copy of the delivery note or the invoice. If the Product is not returned in its original packaging, ELYSIUM reserves the right to reject the return.
After receiving the Product, ELYSIUM will return all amounts paid as quickly as possible and, in call cases, no later than 14 calendar days after receiving the Product in its warehouses.
After receiving the email, ELYSIUM will check whether the Product for which the User wishes to make the exchange is available.
As soon as ELYSIUM has checked that availability, it will contact the User to inform them of the availability of the Product requested by the User and the Product delivery time, in the case that ELYSIUM has a Product with the characteristics required by the User.
In the case that ELYSIUM confirms the availability of the Product to be exchanged to the User, the latter will send that Product to the address of ELYSIUM so that ELYSIUM can verify that the Product is in perfect conditions.
The User is informed that the Product to be exchanged must be in perfect conditions, unused and with all its labels, seals, packaging and, as applicable, documentation and original accessory elements that came with it.
The delivery time for the new Product will depend on the effective availability of that Product.
When the courier company delivers the Product to the User in accordance with the requested exchange, the User must provide the courier company with the printed document confirming the exchange that will be sent to it by ELYSIUM once it has been confirmed that the Product to be exchanged is in perfect condition.
The User may exchange the Product free of charge, except for shipping costs.
– Intellectual Property
All rights over the contents, design and source code of this Website, and in particular and among others, all rights over the photographs, images, texts, logos, designs, trademarks, commercial names, Website data and all other intellectual and industrial property rights belong to ELYSIUM or to the third parties who have expressly authorised ELYSIUM to use them on its Website.
For this reason, and by virtue of the provisions of Royal Legislative Decree 1/1996 of 12 April, which approves the revised text of the Intellectual Property Act, regularising, clarifying and harmonising the legal provisions on the matter, and Law 17/2001 of 7 December, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including making available all or any part of the contents of the Website, on any carrier and using any technical media, is expressly forbidden unless expressly authorised in writing by ELYSIUM.
ELYSIUM grants no licence or authorisation of use whatsoever over its intellectual and industrial property rights or any other property or right related to the Website and under no circumstances should be it understood that accessing and browsing by Users implies a waiver, transfer, licence or a total or partial assignment of such rights by ELYSIUM.
Any use of those contents that is not previously authorised by ELYSIUM will be considered a serious breach of the intellectual or industrial property legislation and give rise to the legally-established liabilities.
– Exclusion of liability
ELYSIUM waives all warranties and liability within the limits established by law, except for those that cannot be legally waived with respect to consumers and users. The terms of this clause will not affect consumer or user rights or the User’s right of withdrawal.
ELYSIUM grants no warranty and declines all liability for any damages that arise due to accessing or using the Website contents. ELYSIUM will not be held liable for the following circumstances, among others:
1. Manufacturing defects in the Products purchased by the Users.
2. Losses or damages incurred as a result of using the Product.
3. Lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the extent permitted by law, liability for damages that could arise due to the lack of availability or continuity of the Website operation.
4. The lack of utility of the Website or the contents in any service.
5. The contents of other Websites to which Users may be directed by links established on the Website.
6. The existence of viruses, malware or harmful programs on the Website.
7. The use of this Website or its contents by Users in an illicit, negligent or fraudulent way or in a way that is contrary to these Terms and Conditions or good faith, including any infringements of the intellectual and/or industrial property rights of ELYSIUM or of third parties.
8. Incidents arising due to lack of diligence by the User or improper use of the Website.
9. The publication on the Website of comments and opinions that are contrary to the regulations mentioned in these Terms and Conditions, the applicable legislation or the rights of third parties.
10. Force Majeure events, such as the failure, suspension or interruption of the services or the use of the Website as a consequence of power restrictions, blocking of telecommunications or the Internet, the actions or negligence of third parties, telecommunications operators or supply companies or any other causes or circumstances beyond the control of ELYSIUM that prevent the normal operation of the Website.
11. The loss of profits, income, savings or data, replacement costs or any other similar damage arising from using any of the Products purchased through this Website.
The Website may contain hyperlinks that permit the User to access other Websites. ELYSIUM declines all liability for the contents, information or services appearing on those Websites, which are considered as offered exclusively for informational purposes by ELYSIUM and in no case imply any relationship, acceptance or endorsement whatsoever between ELYSIUM and the persons or entities who own such contents or the owners of the Websites where they are located
Settling of disputes
These Terms and Conditions are governed by the laws of Spain. In accordance with Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the Parties agree to submit to the jurisdiction of the courts of the User’s place of residence.
On the other hand, the User is informed that they may access the EU Online Dispute Resolution Platform by means of this link:
ELYSIUM reserves the right to make any modifications it considers appropriate to these Terms and Conditions, in which case Users will be previously informed.
These modifications will take effect as soon as they are published on the Website.
All the clauses or provisions of these Terms and Conditions must be interpreted individually and autonomously. In the event that any clause were to be declared null and void by a court ruling or a firm arbitration decision, none of the other clauses will be affected. The affected clause or clauses will be replaced by another/others that preserve the effects pursued by the Terms and Conditions.
HOW TO USE THE WITHDRAWAL FORM
If you wish to withdraw from this agreement, please give your reasons and return the Product to us within 14 calendar days of receiving your order.
If you send us the Product outside the established term, ELYSIUM reserves the right to reject the package.
The procedure for exercising your right of withdrawal is described below:
1. State your intention to return the Product using the form on the following page. The form must be correctly completed and you should send it to the following address:
ELYSIUM CBD OILS, S.L.
Avenida Diagonal 405 Bis, 7º A, 08008 – Barcelona
2. After receiving the withdrawal form you have sent to the above address, we will send you an email with the necessary information for you to return the purchased Product.
3. Once these documents have been received, the Customer Service Department of ELYSIUM will contact you to give you the incident number and tell you how to return the Product.
4. As soon as we have received the package in our warehouses, we will make the refund and confirm it by sending you an email with all the information on the transaction.
For more information, we advise you to consult the Terms and Conditions on our Website which sets out the general conditions of sale for our Products.
PRODUCT WITHDRAWAL FORM
To the attention of:
ELYSIUM CBD OILS, S.L.
Avenida Diagonal 405 Bis, 7º A, 08008 – Barcelona
I hereby inform you that I wish to withdraw from the sales agreement of the following Product:
[Give a brief description of the Product]
-Order of/received on: [Indicate the agreement date/date on which the order was received]
User’s signature (only if this form is presented on paper):
[____] [______], [____].