Términos y condiciones
TERMS OF SALE
These terms of sale (“Terms of Sale”) set out the terms and conditions on which we supply any of the products (“Product” or “Products”) listed on our website www.marcelolsen.com (“our site”) to you.
Please read these Terms of Sale carefully before ordering any Products from our site. These Terms of Sale tell you who we are, how we will provide Products to you, how you and we may end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms of Sale you must not order any Product through our site.
You can place orders for Products with us by following the process outlined on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order if we accept your order.
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process. In order to avoid any errors, delays or additional costs please ensure the information you have submitted is correct. The courier will make additional charges to you if the information is incorrect.
All orders are subject to acceptance by us. Confirmation of your order is emailed to you indicating that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an order invoice.
Unfortunately we can’t stop an order once it has been dispatched by us. If you change your mind about your order after this point you can reject delivery or return the Products to us in accordance with the returns policy below.
Before ordering from us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible. The Standard delivery service is to the foot of the vehicle. Heavy products require 2 people for handling. We recommend you arrange for assistance when your order is delivered.
Gift vouchers, special complimentary gifts or goodwill payments are applicable to and redeemable against future orders excluding promotions and have an expiration of 60 days.
You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
Orders are fully insured and include all taxes. For International Orders outside of the EU Zone the customer is responsible for any additional delivery costs, import duty or levy.
All orders for Products are subject to the availability of those Products. We will inform you as soon as possible after receiving your order if, for any reason, the Products you have ordered are not available or are subject to any delay.
If we are unable to supply you with a Product, for example, because it is out of stock or because of an error in the price we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
COLOURS, IMAGES AND SIZING OF PRODUCTS
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
100% colour or shade matching on non-consecutive orders cannot be guaranteed. In the rare event of colour or shades differences from one production cycle to another at the factory, we recommend you either purchase your full order of a design at the same time to ensure a 100% continuity of colour and shade, or advise us before making the order for advice on any production, design, material changes to our range of products. We can not accept any returns on products purchased under these circumstances.
PRICES OF PRODUCTS
The price of any Product will be as quoted on our site, except in cases of obvious error.
The price of any Product may change from time to time, but changes will not affect any order we have accepted.
The price of a Product includes IVA but excludes any delivery costs, which where applicable will be added to the price of the Products and set out as part of the total amount due during the order process.
For the purposes of simplifying the buying experience we may use the phrase Free Delivery. This does not mean that there is a zero cost of delivery, it is that delivery is included in the price and becomes only relevant if a product is returned and is subject to an adjustment for all delivery costs.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
Products that are to be delivered outside of the European Union or EU, will be sent DDU (Delivery Duty Unpaid). Your order may then be subject to import duties, taxes and customs which are applied when the delivery reaches its destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for paying any such local sales tax or import duties arising at the delivery destination, as these are not included in the price of the products. Import duty or tax costs will be invoiced directly to you from the courier or an import broker. We recommend you contact your local customs authority to determine a landed cost price prior to placing your order.
HOW TO PAY
We accept payment with:
- Visa Card
- Bank Transfer
- American Express
- Apple Pay
- Google Pay
- Cartes Bancaires
You must pay for the Products and any applicable delivery charges in advance of delivery of the Products.
By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
SHIPPING AND HANDLING
We offer a delivery service in accordance with the timescales shown against each Product on our site. On each product page a dispatch estimate is stated. Dispatch is when we send the product to our delivery partner, not when it arrives at your door. Please note that delivery timescales are estimates and that Natural Disasters, Pandemics or similar occurrences may or will have a direct effect on the delivery schedule which Marcel Olsen will not accept any responsibility or claims for.
All goods are individually inspected before shipment by members of our own staff. In the event of shipment damage, you must REFUSE delivery and mark the docket DAMAGED. The item will then be returned directly to the Company and we will send a replacement.
At all times the customer is responsible to make all necessary and reasonable arrangements for their shipments from the designated point of delivery in to their homes or businesses. The Standard delivery service is to the foot of the vehicle. Heavy products require 2 people for handling. We recommend you arrange for assistance when your order is delivered.
Deliveries do require the attendance and a signature of the person who made the order. In the event of the goods not being able to be delivered due to the customer being unavailable they will be returned to us. The buyer will become liable to any subsequent delivery/return costs. In respect of subsidised or free delivery offers then the actual delivery costs incurred by the Company will be the responsibility of the client on items sent and returned to the Distribution Centre. Likewise, in the event that the Buyer has provided an incorrect or incomplete address, entrance security code or any relevant information restricting access and preventing the Courier from the proper execution of the transport services ordered, then these services will be deemed to have been performed and chargeable.
All delivery prices are strictly on the mainland. Please contact us for prices to offshore peninsulas and Islands. When the Company quotes a comparable rate in another currency other than the Euro then understand that this is only an indication of the exchange rate not an exact exchange rate and as such is constantly changing and as such is influenced and directed by the International Exchange Rate Mechanism. In respect of credit card payments that originate from outside the EU, then be aware some credit card companies may increase their processing percentage charges for transactions, we advise you consult with your bank or credit card company should there be any additional charges to ascertain exactly the extent of any additional processing charges before completing your order, as these costs are beyond our control after the order is completed and we are not able to take any responsibility for the charges or can we affect any influence on your bank or credit card company to reduce their charges. Products that are to be delivered outside of the European Union or EU customs allowances your package will be sent DDU (Delivery Duty Unpaid). Your order may then be subject to import duties and taxes which are applied when the delivery reaches its destination. Please note that we have no control over these charges and we cannot predict their amount. You will be responsible for paying any such local sales tax or import duties arising at the delivery destination, as these are not included in the price of the products. Import duty or tax costs will be invoiced directly to you from the courier or an import broker. We recommend you contact your local customs authority to determine a landed cost price prior to placing your order.
The Company has transit damage Insurance Cover. To comply with the Conditions of Sale and the Conditions as dictated to you by the Insurance Company you accept that you must examine the condition of the packing boxes meticulously, by stating that the courier did not allow you sufficient time to carry out an inspection will not be accepted in the event of a claim that is denied.
You agree to a meticulous inspection and in the unlikely event there is any evidence of damage you must write on the delivery documents in bold and clear print ‘TRANSIT DAMAGE – ITEM NOT INSPECTED’. For your information only, be informed that when you sign a Delivery Document you are confirming that there is no indication of transit damage and the product is in perfect condition and you are 100% satisfied, let it be known to you, that if you have not checked inside the box, you have still accepted responsibility for the goods to be perfect by signing the delivery documents and not making a written statement on the delivery document of any transit damage or marks that indicate transit damage and any claim to the Insurance Company will be null and void.
All products are individually inspected and packaged ready for transit by our own in-house team of inspectors.
However, in the unlikely event you are required to refuse or accept severely damaged items and contact us as soon as possible. In the event of an item not being accepted for another reason not related to transit damage the Company will still accept the return provided and subject to the following:- (a) the buyer notifies the The company within 6 hours of the recorded time of delivery. (b) with any relevant photographic evidence. (c) the item is repackaged in its original packaging and wrapping. (d) the item is returned to our Alicante Distribution Centre within 14 days in the original packaging. (e) The item is in a new and unused condition and we are able to resell the product and reuse the packing box. It is the responsibility of the buyer to return the goods and after a satisfactory inspection carried out at the Distribution Centre of the item and the transit box and packaging full reimbursement or credit will be issued for the price of the products, less any delivery costs paid by the supplier, and in any instances where delivery is included in the total price, or offered as an included incentive, the actual delivery cost part will be deducted from the price of the product and the reimbursement will be effective with the minimum of delay and inconvenience. Failure to adhere to these conditions can and may result in the Company refusing a refund. We advise all returns are insured in the event of transit damage on the return leg transit damaged goods remain the responsibility of the sender, in the same way that we strongly advise you to take the utmost care in unpacking your purchase in the first instance, because in the unlikely event you are not 100% satisfied, the goods must be returned in the original packaging, our boxes and packaging are expensive, they are specifically designed for transit and goods not returned in their original boxes will be refused at the Distribution Centre. We trust these terms and Conditions are transparent and clear and by accepting our terms and conditions of sales you are agreeing to accept and understand the terms. If any clarification is required, or you have any questions whatsoever we urge and recommend that these matters are dealt with and completely resolved before you enter into a purchase. These terms and conditions are binding on all parties, and all third parties any sale or agreement involves. You accept and agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received.
We aim to send your order to you within 3 business days in Spain Mainland and 7 business days in Europe Mainland.
We want to unite you with your order as soon as possible.
Please understand and appreciate that delivery estimates are calculated from the time of dispatch, rather than from the moment you place your order.
On occasions, we rely on your assistance to answer questions on security or confirming your address, and a prompt reply avoids delays in delivering your order to you.
In respect of the final delivery arrangements completed between you (our client) and the courier company (our delivery agent), appointments for final deliveries must be honoured.
In the event of a failed delivery with you (our client) not honouring the pre arranged delivery arrangement then the courier company (our delivery agent) will return the order to the distribution centre and a second delivery will be chargeable.
In the event of subsequent failed deliveries due to you (our client) not honouring the pre arranged delivery times with the courier company (our delivery agent) then each redelivery will carry another charge, these charges must be paid in full to us (the supplier) before a final delivery can be effected.
Please note we advise our clients to make every effort to honour these pre-arranged delivery arrangements to avoid additional expenses.
Please ensure that any penalty payments are paid promptly because orders that are held in the distribution centre after 7 days will incur further storage charges or returned to us.
RISK AND OWNERSHIP
Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
The Products will be your responsibility from the time that you (or a third party other than the carrier and indicated by you) take physical possession of the Products.
Marcel Olsen is not responsible for problems resulting from assembly not in accordance with the instruction manual, or from a lack of basic common sense, or from damage caused by the buyer during unpacking, we strongly advise not to use a knife, blade or similar sharp implement while removing the packing.
CANCELLATION, RETURNS AND REFUND POLICY
We hope you will be pleased with everything you have bought from us but if you are unhappy with your Products, you can return them to us either in accordance with the terms set out below or as otherwise in accordance with your legal rights.
In respect of all shipment returns www.marcelolsen.com will accept the return, and reimburse the product payment. Subject to the following:
The buyer notifies the Company within 14 days of the recorded time of delivery to the buyer.
The item is repackaged in its original packaging and interior wrapping, without any evidence of wear or use, to allow the item to be sold again as new by the Company, the product must be in new and unused brand new perfect condition.
The product is returned to our Alicante Distribution Centre within 14 days of you notifying the Company, a total of 28 days maximum from the date the product was delivered to the buyer for a return to be accepted.
The Buyer is responsible for all delivery and return costs.
The Company will make an immediate refund subject to all these reasonable conditions being fully satisfied. All orders received by the Company are deemed to be in acceptance by the buyer of these terms and conditions, and we respectfully request that should there be any confusion or greater clarity required of the terms and conditions, the buyer contacts the seller before entering into the contract of a sale.
Clients purchasing from the Bespoke Services should request free samples before finalising the order as orders manufactured especially for the client are strictly non refundable and once the bespoke manufacturing process has commenced can not be cancelled.
Items that are purchased in the Special Sale Promotions or Clearance Sale Promotions are strictly non-refundable and excluded from any free gifts or additional special offers.
The warranty starts from the date of delivery. To claim under the terms of the guarantee the buyer must email the Company advising us of the defect and you will be given an authorisation code. Do not attempt to return the goods before an authorised code has been issued. The customer is responsible for the cost of secure packaging, insurance and shipment to the Company.
The guarantee does not cover the following: Any defect due to unauthorised repair or modification or due to mishandling or to transit damage not reported to the Company immediately upon receipt of the shipment which is to be within six hours of delivery.
The sole liability of the Company under the guarantee shall be limited to replacing or repairing the defective part in the case of office chairs that is the frame and mechanics or for armchairs and sofas the main frame and not for the covers, and any liability for any indirect or consequential loss or damage of any kind suffered or incurred by the customer due to a defect caused to any other accessories or equipment used with this product or any loss as a result from the delay in repairs is excluded.
The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Product, to which the loss or damage you suffer relates.
From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
The length of time any Promotion runs for, the conditions for qualifying for such Promotion and the Products which will be subject to such Promotion will be set out in Section A of these Terms of Sale, and further incentives which include signing up to the newsletter, introduction of photographic imagery or similar seasonal incentives can not be used in conjunction with discounted offers.
If you place an order for Products in relation to any Promotion, the Promotion-specific terms and conditions set out in Section A above and the general terms set out in this Section B will apply. To the extent of any inconsistency, the Promotion-specific terms set out in Section A shall prevail.
OUR LIABILITY TO YOU
We are under a legal duty to supply Products that are in conformity with our contract with you.
Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment. We will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
If we fail to comply with a contract between you and us, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if the loss or damage was contemplated by you and us at the time we entered into the contract.
The maximum loss or damage we will be responsible for is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
This does not affect your statutory rights. Advice about your statutory rights is available from Instituto Nacional del Consumo.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control including acts of god, fire, flood, severe weather, explosions, war (whether declared or not), acts of terrorism or acts of local or central Government or of any other competent authorities provided that: (a) we will take reasonable steps to prevent or minimise the failure or delay; (b) in the event of failure to perform, we will refund you all amounts paid under the affected contract; and (c) in the event of substantial delay, you may cancel your order by notifying us and we will refund you all amounts paid under the affected contract.
If you have a dispute with us relating to our contract with you, in the first instance please contact Marcel Olsen by email at email@example.com and we will attempt to resolve the dispute in a fair, reasonable and amicable way in the spirit of goodwill.
You must provide the following information in full, in its entirety, by [a] email and [b] written correspondence before any action or response will be taken:
We will require photographic evidence where applicable, together with a written statement of your complaint. All communications will be deemed as a declaration under penalty of perjury that the information in part of, or in full, of your complaint is accurate, and provide all the necessary and relevant documentation, and detailed proof of the complaint, drawings and illustrations where applicable, and documentation proving you are the buyer, the original documentation confirming the sales order, and provide your physical or electronic signature duly witnessed to all documents.
EACH OF THESE TERMS OPERATES INDEPENDENTLY
Each of the provisions of these Terms of Sale operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
UPDATING THESE TERMS OF SALE
We may modify or update these Terms of Sale from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. However, any order of Products by you will be governed by the terms and conditions available on our site at the time you place the order.
RIGHTS OF THIRD PARTIES
Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
TRANSFER OF OUR RIGHTS
We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you in writing if this happens, but this will not affect your rights or our obligations under the contract.
If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
If you have any queries about these Terms of Sale, please send us an email at firstname.lastname@example.org.
Ascendia Logistics SL
Poniente- Parc 5. Nave 5
Catral, Alicante, Spain
Terms and Conditions are available in any language upon request.