Terms of Sale

General Terms and Conditions of Contract

Version 1.0 / 2022

This document sets forth the general terms and conditions of the contractual relationship involved in the purchase and sale of products offered from this website, owned and held by SUNSET VENTURES, SLU (hereinafter known as "ALOHAS "), with registered offices at Calle Mary Santpere 6-17, 08859, Begues (Barcelona), listed on the Companies Register of Barcelona under Volume 45589, Folio 9, Page B-492841, with tax identification code: B-66870585, and the physical and/or legal persons (hereinafter known as "CUSTOMER") declaring their desire to purchase the products by requested as such over the internet via this website.

These requests from users form the specific terms and conditions to which these general terms and conditions are associated, which CUSTOMER must accept online before purchasing the product. CUSTOMER is informed of these terms and conditions on this same website so that they may be read, printed, filed and accepted. These general terms and conditions together with the request made for the specific products by CUSTOMER implies the execution of the purchase and sale contract between ALOHAS and CUSTOMER, who declares to have read, understood and accepted these terms and conditions. CUSTOMER may always consult these general terms and conditions on the website.

ONE.- PURPOSE OF THE CONTRACT.-

By way of these General Terms and Conditions, ALOHAS agrees to provide CUSTOMER with the products requested on the website in exchanged for a set price.

By purchasing the products available on this website, CUSTOMER declares:

a) Whereas they are an individual of legal age and with the capacity to enter into this agreement.
b) Whereas they have read and understood and accept these General Terms and Conditions of Contract.

TWO. -ALTERATION OF THE GENERAL TERMS AND CONDITIONS.-

ALOHAS reserves the right to amend these General Terms and Conditions at any time, without having to inform CUSTOMER of such in advance. On all accounts, CUSTOMER is responsible for reviewing them as a prerequisite to purchasing any product available on this website. The General Terms and Conditions indicated on the website shall be deemed valid and applicable when CUSTOMER purchases the corresponding products.

THREE.- RIGHTS AND OBLIGATIONS OF ALOHAS

3.1. Delivery of the product.- ALOHAS undertakes to deliver the product in perfect condition to the address indicated by CUSTOMER on the order form, which includes the specific terms and conditions attached to these General Terms and Conditions. ALOHAS shall not be held responsible for any errors caused during delivery when the data entered on the order form by CUSTOMER is not true or has been omitted. The approximately delivery time for each product is indicated in its specifications, and under no circumstances shall be in excess of fifteen days except in the case of a pre-sale (deliveries will be made to any country, except those expressly excluded, such as Russia). ALOHAS shall not be held not responsible for any delays in delivery caused exclusively by reasons attributable to the transport agency or unforeseeable and uncontrollable factors that it is not obliged to bear.

Where the product requested is not available, ALOHAS shall inform CUSTOMER of the foreseen delay by e-mail or to the telephone number provided. ALOHAS may then provide CUSTOMER with the option of cancelling their order or purchasing any alternative item that might be offered. Where no reply is received, it shall be understood that CUSTOMER wishes to wait for the time indicated. Where the ordered product cannot be supplied, either due to a lack of supply by the suppliers of ALOHAS or to any other reason, CUSTOMER shall also be informed of such and their order shall be cancelled without any kind of penalty. ALOHAS undertakes, in this case, to return the full sum of their purchase within 15 days, except for special terms and conditions identified in the product specifications, wherever applicable.

3.2. Liability of ALOHAS. Under no circumstances shall it be held liable in relation to:

3.2.1. Any errors, delays in access by CUSTOMER when entering their details in the order form, the slowness or failure of reception by the recipients of the order confirmation or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company. On all accounts, ALOHAS undertakes to solve any problems that may arise and to offer all necessary support to CUSTOMER to find a fast, satisfactory solution to the incident.

3.2.2. Any errors or damage produced due to inefficient and negligent use of the service by CUSTOMER.

3.2.3. Non-operability of or problems with the order confirmation e-mail address provided by CUSTOMER.

3.3 Guarantees:

3.3.1. ALOHAS guarantees that all the Products available for sale on the website are compliant with international and EU standards regarding product safety.

3.3.2. The guarantee applied to the Product when it is delivered to CUSTOMER is for three years, provided the Product is used by CUSTOMER under normal conditions of use, such as those described in the Product specifications and in the catalogues provided for CUSTOMER. Under no circumstances is the Product supplied guaranteed as being suitable to remedy a specific problem of the end user.

3.3.3. In the event of non-compliance of the product at the time of delivery, CUSTOMER may choose between its repair or replacement, except where either of these measures is disproportionate for ALOHA. In all cases, product repair and replacement shall be offered to CUSTOMER free of charge, including any costs involved in delivery, transport, manpower or materials used to ensure the product is compliant.

Only where the repair or replacement of the non-compliant product could not be provided or is not provided within a reasonable time may CUSTOMER demand a reduction in the price or the termination of the purchase contract. In all cases, termination of the contract shall not apply when the non-compliance is of little significance. In the case of contract termination:

ALOHAS shall refund CUSTOMER for all amounts paid.
CUSTOMER shall return the non-compliant product to ALOHAS at the expense of ALOHAS.

The refund of the reduction in the price or of the full price shall be made within 14 days as of CUSTOMER’s decision and using the same means of payment used by CUSTOMER.

Right of withdrawal:

ALOHAS acknowledges CUSTOMER’s right of withdrawal under the terms and times set forth in Royal Legislative Decree 1/2007 of 16 November. In this case, ALOHAS shall reimburse CUSTOMER the full amount paid as the price plus any applicable taxes, to the account number indicated by CUSTOMER. CUSTOMER has 14 days as of delivery of the Product to exercise this right. The return process must be completed through https://returns.alohas.io/, completing the information required before returning the product. In all cases, CUSTOMER shall pay for all direct costs involved in returning said product and for any damage to it as a result of its return.

The right of withdrawal acknowledged in this clause is notwithstanding the exceptions thereto, as established by law. In the terms set forth herein but not limited thereto, they may not exercise this right in relation to goods that, by nature, cannot be returned or that may deteriorate, expressly including products that have been customised on request by the consumer.

FIVE.- RIGHTS AND OBLIGATIONS OF CUSTOMER.-

4.1. Payment.- CUSTOMER agrees to pay in advance for the Product effectively requested, in the amount and manner indicated below:

4.1.1. Amount.- The price of the Product effectively requested by CUSTOMER shall be as indicated on the website and is included in the specific request made by CUSTOMER at any given time. These requests shall form the specific terms and conditions of a given order. The prices of products displayed on the website include VAT.

All appropriate delivery expenses must be added to the price indicated on the website for each of the products offered. ALOHAS must inform CUSTOMER of the cost of delivery expenses before the purchase is completed and in the e-mail sent to confirm the purchase.

If, for any reason, a product is displayed on the website at the cost of zero euros, this would be due to a technical error and ALOHAS is by no way obliged to serve said product. Furthermore, where the application subtracts a non-nominal voucher from the total sum of an order, this shall be invalid due to a program error. In these cases, CUSTOMER shall be informed of this error and the order shall be automatically cancelled.

4.1.2. Means of payment.- CUSTOMER must pay the amount corresponding to their order by way of:

Credit card: by entering their details into the virtual POS existing on the website. On accepting this means of payment, CUSTOMER confirms to be authorised to use the card in question for this purpose and is the holder thereof. Card payments shall be subject to the provisions of the Spanish payment services law 19/2018 of 23 November and other urgent financial measures, especially with regards to payment orders and the conditions for their renewal.

Paypal: for which CUSTOMER declares to have an active account with said payment services provider, accepting the conditions of said service.

Klarna payments: in order to offer Klarna means of payment, we might send your personal data in the form of contact and order DETAILS to Klarna during the purchasing process so that Klarna may assess whether you are eligible for its means of payment and adapt said means of payment to you. Your transferred personal data is processed in accordance with the Klarna privacy policy.

Cash payment: cash payments are made via EBANX.

4.2. Liability of CUSTOMER.- The following shall be the liability of CUSTOMER:

4.2.1. CUSTOMER accepts all risks of Product wear, harm, damage and loss as soon the ordered products are delivered to them by a third party on behalf of ALOHAS.

4.2.2. CUSTOMER undertakes to check the correct condition of the Product in the presence of the third party delivering the ordered Product on behalf of ALOHAS, indicating any anomaly in the packaging that might be detected at that same time.

If, once the contents have been checked, CUSTOMER detects any incident, such as dints, breakages or any imperfection caused by delivery, he or she undertakes to inform ALOHAS of such within 24 hours following receipt of the product.

4.3 Purchases outside the European Union: purchases made from outside the European Union may be subject to customs duty and management expenses applicable in the countries of destination of the goods purchased. Said amount and any exceptions are exclusively determined by the criteria established by the country outside the EU to which the product purchased is to be sent. Where these amounts are not paid, the product may be withheld at the corresponding customs until CUSTOMER pays the associated duty and expenses.

FIVE.- LIABILITY.-

5.1.- Under no circumstances shall ALOHAS be liable for:

5.1.1.- The producing of any kind of damage that CUSTOMER or third parties may cause to the website.

5.2.- ALOHAS reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until the effective liability of any damages arising can be ensured. Furthermore, ALOHAS shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.

SIX. E-INVOICING.

The CONTRACTING PARTY expressly agrees to receive e-invoices for the purchases made at ALOHAS. The invoice shall be sent to the e-mail address provided by the CONTRACTING PARTY during the registration process.

Should you wish to receive a paper invoice, please write to the following e-mail address contact@alohassandals.com.

SEVEN.- COPYRIGHT AND TRADEMARK.-

ALOHAS hereby indicates that the contents, programming and design of the website are fully protected by copyright, and any reproduction, communication, distribution and transformation of said protected elements is expressly forbidden except where consent is expressly given by ALOHAS. The brands of the products that ALOHAS sells on the website belong to their lawful owners. ALOHAS may establish links or hyperlinks to articles or information from third parties, and shall always quote the source. The legitimate owner of the copyright to the information included in this manner may request the deletion of said references at any time.

EIGHT.- COMPETENT JURISDICTION AND APPLICABLE LAW.-

These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of sale to which these General Terms and Conditions are subject. Where CUSTOMER is not considered a consumer, any dispute regarding the interpreting or implementation of these General Terms and Conditions of Contract shall be subject to the jurisdiction of the Courts of the city of Gavà (Spain).

NINE.- INVALIDITY OF CLAUSES.-

Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions. ALOHAS may not exercise any of the rights and powers conferred in this document, which under no circumstances shall imply their waiving, except where expressly acknowledged by ALOHAS.

TEN.- ALTERNATURE PROCEDURE FOR ONLINE DISPUTE RESOLUTION.-

Notwithstanding the above, the European Commission provides a platform to resolve on-line disputes, which is available at the following link: http://ec.europa.eu/consumers/adr/. CUSTOMERS considered consumers may submit their claims via the on-line dispute resolution platform.