E-COMMERCE (PRODUCTS). General contracting conditions
GENERAL CONTRACTING CONDITIONS
This contractual document shall govern the contracting of products and services through the http://sho.-bellaurora.com/ website, belonging to BELLA AURORA LABS, S.A., hereinafter the PROVIDER.
Acceptance of this document implies that the USER:
- Has read, understood and comprehends what it contains.
- Is a person with sufficient capacity to contract.
- Takes on all the obligations established herein.
These conditions shall have an indefinite validity period and shall be applicable to all the contracting carried out through the PROVIDER's website.
The PROVIDER hereby informs that the business is responsible and is aware of the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions acquired before any such modification.
Identity of the contracting parties
The provider of the goods or services contracted by the USER is BELLA AURORA LABS, S.A., with registered address at Colonia Güell -Ed. Filatures 4º, SANTA COLOMA DE CERVELLO, 08690, BARCELONA, Spain, holder of Tax ID no. A58303462 and with customer/user care number (+34) 934781112.
The USER, registered on the website by means of a username and password, for which they have full liability for their use and safekeeping, being responsible for the truthfulness of the personal data given to the PROVIDER.
Object of the contract
The object of this contract is to regulate the contractual sales relation between the PROVIDER and the USER when the latter accepts it during the online contracting process by checking the corresponding box.
The contractual sales relation involves the delivery of a specific product or service in exchange for a certain price which is publicly stated on the website.
The USER shall choose a username and a password, guaranteeing to use them diligently and not to make them available to third parties, as well as to inform the PROVIDER about the loss or theft of them or any possible unauthorised access by a third party, so that they may be immediately blocked.
Once the user account has been created, you are informed that in keeping with article 27 of Spanish Law 34/2002 on Information Society Services and E-Commerce, (LSSICE), the contracting procedure will follow the steps given below:
1. General contracting clauses
2. Shipment of orders
3. Cooling off period
5. Force majeure
7. General aspects of the offer
8. Price and validity of the offer
9. Transport costs
10. Payment method, expenses and discounts
11. Purchasing process
12. Applicable guarantees
13. Guarantees and returns
14. Applicable law and jurisdiction
1. GENERAL CONTRACTING CLAUSES
Unless particularly stipulated in writing, placing an order with the PROVIDER will mean the acceptance of these legal conditions by the USER. No stipulation made by the USER may differ from those of the PROVIDER unless it has been expressly accepted in advance and in writing by the PROVIDER.
2. SHIPMENT OF ORDERS
The PROVIDER shall not send out any order until payment has been verified.
The shipment of goods shall be made by various transport agencies, depending on the destination freely designated by the USER.
The delivery dates or deadlines shall be understood to be approximate and any delays shall not constitute an essential non-compliance. Should the PROVIDER not have made the delivery of the goods after 20 days from the delivery date agreed, the client will be legitimated to cancel the order and receive the return of the full amount paid at no cost to them, and without this leading to any responsibility for damages attributable to the PROVIDER.
The delivery deadline is usually between 3 and 7 working days, depending on the destination town and the payment method chosen. This deadline is understood as long as the availability of the goods has been confirmed and full payment of the order has been verified.
The PROVIDER shall not take on any liability when the delivery of the product or service does not happen due to the data provided by the USER being false, inexact or incomplete.
Delivery shall be considered to have been made at the moment in which the carrier has made the products available to the USER, and the USER or their delegate has signed the reception of the delivery document.
The USER shall be responsible for verifying the products on their reception and stating all the exceptions and complaints that may be justified in the delivery reception document.
Should the contracting not involve the physical delivery of any product, as it is directly downloaded from the website, the PROVIDER shall previously inform the USER about the procedure that must be followed to download the product.
3. COOLING-OFF PERIOD
USERS have the same rights and deadlines for returning items and/or complaining about any possible defects or faults the product or service may have, whether online or off-line.
USERS have a deadline of 14 natural days, starting from the date of the reception of the product, to return it (article 71 of Spanish Law 3/2014, of 27 March). Unless the return has been made because of defects in the product, the expenses regarding the shipment will be met by the USER. The product must be returned in its original packaging and in perfect condition
The cooling-off period may not be applied in the following cases:
1. If the product is not presented in perfect conditions.
2. If the packaging of the product is not the original packaging and it is not found in a perfect state. The original packaging should protect the product in such a way that you receive it in perfect condition, and the use of seals and adhesive tape applied directly to it are forbidden.
3. When the product is open without being able to show that it has not been used.
4. When they are customised products or those which, for reasons of hygiene or other legally envisaged exceptions are not subject to this right.
All returns must be notified to the PROVIDER, by contacting the PROVIDER's customer care service, or sending an email to email@example.com indicating all your data and the invoice or order number.
The return shipping shall be met by the client unless it is due to an error in the preparation of the order by the PROVIDER's online sales service.
In other cases, we do not accept unpaid shipping. If the client does not like the product, the return shipment will be paid by the client.
Once the product arrives at the PROVIDER's warehouse and all the conditions necessary for its acceptance have been verified, new stock shall be sent, within a deadline of seven working days, as long as there is available stock.
Returns must be sent to the PROVIDER's address for the purposes of notification: BELLA AURORA LABS, S.A., Colonia Güell -Ed. Filatures 4º, SANTA COLOMA DE CERVELLO, 08690, BARCELONA, SPAIN.
Any complaint that the USER feels relevant will be dealt with in the shortest time possible, and complaints may be made at the following contact addresses:
Postal: BELLA AURORA LABS, S.A., Colonia Güell -Ed. Filatures 4º, SANTA COLOMA DE CERVELLO, 08690, BARCELONA, SPAIN.
Telephone: (+34) 934781112
Online Dispute Resolution
In keeping with article 14.1 of the Regulation (EU) 524/2013, the European Commission provides a free platform for solving online conflicts between the USER and the PROVIDER, without the need for having to recur to courts of justice, through the intervention of a third party, called the Online Dispute Resolution, which acts as an intermediary between both parties. This organisation is neutral and will dialogue with both parties to reach an agreement, so as to finally suggest and/or impose a solution to the conflict.
Link to the ODR platform: http://ec.europa.eu/consumers/odr/
5. FORCE MAJEURE
The parties shall not be responsible for any defect due to force majeure. Compliance with the obligation shall be delayed until the end of the force majeure.
The USER may not cede, transfer or transmit the rights, responsibilities and obligations contracted in the sale.
Should any stipulation in these conditions be considered null or impossible to comply with, the validity, legislation and compliance with the others shall not be affected in any way, nor shall they suffer from any kind of modification.
The USER declares they have read, are familiar with and accept these General Conditions in full.
7. GENERAL ASPECTS OF THE OFFER
All the sales and deliveries made by the PROVIDER shall be understood to be subject to these General Conditions.
No modification, alteration or contrary agreement to the Commercial Proposal of BELLA AURORA LABS, S.A. or that which is stipulated here shall be valid, unless expressly agreed in writing signed by the PROVIDER, in which case, this particular agreement shall prevail.
In view of the continuous technical advances and improvements to products, the PROVIDER reserves the right to modify its specifications regarding the information provided in its publicity, as long as it does not affect the value of the products offered. These modifications will also be valid in the case that, for any reason, the possibility of supplying the products offered should be affected.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product include Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly indicated otherwise, do not include shipping costs, handling, packaging, shipment insurance or any other additional services and annexes to the product or service acquired.
The prices applicable to each product are those published on the website and shall be expressed in EUROS. The USER accepts that the economic value of some of the products may vary in real time.
Before making a purchase, you may check out online all the details of the estimate: articles, numbers, price, availability, transport costs, charges, discounts, taxes and the total purchase. Prices may change daily until the order is placed.
Once the order has been placed, the prices shall be maintained whether the product is available or not.
All payments made to the PROVIDER involve the issuing of an invoice in the registered USER’s name or that of the business address that has been given when placing the order. This invoice shall be sent together with the product acquired, as well as in PDF to the email address provided by the USER.
For any information about the order, the USER may contact the PROVIDER on the customer care line (+34) 934781112 or by email at the following address: firstname.lastname@example.org.
9. TRANSPORT COSTS
The prices do not include shipment or communication costs, or installation or complementary features, unless otherwise expressly agreed in writing.
The shipment expenses shall be calculated when saving the basket or estimate, as they are calculated by the weight of the products and the delivery address.
The maximum transport fee applied is the following:
SPAIN AND PORTUGAL (PENINSULA)
The shipment cost is €6.00 for orders of less than €100.00.
For orders of more than €100.01, the shipment cost will be free of charge.
SHIPMENTS TO OTHER COUNTRIES
To get to know the price of the shipment expenses outside the countries mentioned, we would ask you to check out your rate zone in the website's shipment system.
10. PAYMENT METHOD, EXPENSES AND DISCOUNTS
The PROVIDER shall make the following payment methods available for placing an order:
- Payment by bank transfer
- Payment by PayPal | it is easy, simple and secure
- Payment by card
11. PURCHASING PROCESS
Basket (simulation of estimate)
Any product from our catalogue can be added to the basket. In it, you will only observe the articles, the number, the price and the total amount. Once you have saved the basket, the taxes, charges and discounts will be calculated in keeping with the payment data and shipment data introduced.
The baskets do not have any administrative binding, it is merely a section which can simulate an estimate without any commitment on either side.
From the basket, you may place an order by following these steps:
1. Introduce your personal data.
2. Introduce the address to which the shipment is to be sent.
3. Select the shipment method.
To carry out a purchase, it is not compulsory to register as a user; this possibility is optional.
Once your order has been processed, the system instantly sends an email to the PROVIDER's management department.
Orders (purchase requests)
In a maximum of 24 working hours, an email shall be sent confirming the status of the order and the date of shipment.
12. APPLICABLE GUARANTEES
All the products offered via the website are completely original, unless otherwise indicated in their description. They all have a guarantee period of two years, in keeping with the criteria and conditions described in Royal Legislative Decree 1/2007, of 16 November, which approves the amended text of the General Law for the Defence of Consumers and Users and other complementary laws.
13. GUARANTEES AND RETURNS
The guarantee of the products offered responds to the following articles based on Spanish Law 23/2003 of 10 July on Guarantees of sales of consumer goods:
I) Compliance of the products with the contract
1. Unless proven otherwise, it shall be understood that the products are compliant to the contract as long as they meet all the requirements given below, unless, for particular circumstances, any of them should not be applicable:
a) They adapt to the description made by BELLA AURORA LABS, S.A.
b) They are suitable for the use to which products of the same type are usually destined.
c) They are suitable for any special use required by the client when they have informed BELLA AURORA LABS, S.A. at the time of signing the contract, as long as the company has agreed that the product is suitable for this use.
d) They offer the quality and the usual features of a product of the same type that the client may basically expect, taking into account their nature and, if relevant, the descriptions about the specific characteristics of the products made by BELLA AURORA LABS, S.A.
e) BELLA AURORA LABS, S.A. describes the details, the technical characteristics in the photographs of the products provided by its manufacturer, in such a way that it is not under any obligation derived from these public declarations.
2. Non-conformance that results from an incorrect installation of the product shall be comparable to its non-conformity when the installation is included in the purchase contract and has been carried out by BELLA AURORA LABS, S.A. or under its responsibility, or by the USER when the faulty installation is due to an error in the installation instructions.
3. Liability will not be attributed due to non-conformities about which the USER is familiar or has not been able to ignore when signing the contract or that have their origin in material supplied by the USER.
II) Responsibility of the PROVIDER
BELLA AURORA LABS, S.A. shall respond to the USER for any lack of conformity that exists when delivering the product. BELLA AURORA LABS, S.A. recognises the USER's right to having the product repaired, to its replacement, to its price being lowered and to the termination of the contract.
III) Repair and replacement of the products
1. If the product is not in keeping with the contract, the USER may opt between demanding its repair or replacement, unless one of these options should be impossible or disproportionate. From the time at which the USER informs BELLA AURORA LABS, S.A. of the option chosen, both parties must stick to it. The USER's decision shall be understood without affecting what is given in article IV below for cases in which the repair or replacement does not manage to place the product in keeping with the contract.
2. Any kind of compensation that imposes expenses on BELLA AURORA LABS, S.A. which, in comparison with the other form of compensation, are not reasonable, shall be considered disproportional, taking into account the value that the product would have if there was no lack of conformity, the relevance of the level of conformity and whether the alternative form of compensation can be made without great inconveniences for the USER.
IV) Regulations for the repair or replacement of the product
The repair and replacement shall adapt to the following rules:
a) They shall be free of charge for the USER.
This will cover the necessary expenses involved to repair the lack of conformity of the products with the contract, particularly the shipping costs, as well as the costs related to labour and materials.
b) They shall be carried out within a reasonable deadline and without great inconvenience for the user, taking into account the nature of the products and the purpose they have for the USER.
c) The repair suspends the counting of the deadlines referred to in article VII. The suspension period shall start from the moment that the USER makes the product available to BELLA AURORA LABS, S.A. and will finish with the delivery of the repaired product to the USER. For six months after the delivery of the repaired product, BELLA AURORA LABS, S.A. shall respond for any lack of conformity that led to the repair. It is assumed that it is the same lack of conformity when defects of the same origin to those initially displayed are reproduced in the product.
d) The replacement suspends the deadlines referred to in article VII from the exercising of this option to the delivery of the new product. The second paragraph of article VII shall be applicable, in any case, to the replaced product.
e) If, after the repair and delivery of the product, it still does not conform to the contract, the USER may demand its replacement, within the limits established in part two of article IV, or the dropping in price or the termination of the contract in the terms of article V.
f) if the replacement does not place the product in conformity with the contract, the USER may demand its repair, within the limits established in part two of article IV, or the lowering of the price or the resolution of the contract under the terms of articles V and VI.
g) The USER may not demand a replacement in the case of non-replaceable objects, or when talking about second-hand products.
V) Lowering the price and terminating the contract
The lowering of the price and the termination of the contract shall proceed, at the USER’s request, when they may not demand the repair or the replacement of the product and in the cases in which they have not been carried out in a reasonable deadline or without greater inconvenience for the USER. The termination shall not proceed when the loss of conformity is of little importance.
VI) Criteria for lowering the price
The lowering of the price shall be proportional to the existing difference between the value that the product would have had at the moment of delivery had it been in keeping with the contract and the value that the product effectively delivered had at the time of delivery.
1. BELLA AURORA LABS, S.A. shall respond to lack of conformity that are shown within a deadline of two years from their delivery. In second-hand products, BELLA AURORA LABS, S.A. may pact a shorter deadline, that cannot be less than one year from the delivery.
Unless proven otherwise, it will be assumed that the lack of conformity that are stated in the six months after the delivery already existed when the product was delivered, unless this presumption were incompatible with the nature of the product or the nature of the loss of continuity.
2. Unless proven otherwise, the delivery will be understood to have been made on the day given on the invoice or purchase ticket, or on the corresponding dispatch note if this should be later.
3. The action to claim compliance with what is envisaged in the previous articles prescribes three years after the delivery of the product.
4. The USER must inform BELLA AURORA LABS, S.A. about any lack of conformity within a deadline of two months after they are aware of it.
Unless proven otherwise, it shall be understood that the communication from the USER has taken place within the established deadline.
VIII) Action against the producer
When the USER finds it impossible or it involves an excessive load to address BELLA AURORA LABS, S.A. for a lack of conformity in the products with the purchase contract, they may directly claim from the producer with the aim of obtaining the replacement or repair of the product.
As a general rule, and not affecting the responsibility of the producer from ceasing, under the same deadlines and conditions as those established by BELLA AURORA LABS, S.A., the producer shall respond to a lack of conformity when this refers to the origin, identity or ideal nature of the products, in keeping with their nature and purpose and with the rules that govern them.
The producer will be understood to be the manufacturer of a product or its importer into the European Union or any person who represents themselves as such by indicating on the product their name, brand or other distinctive sign.
Whoever responds to the USER will have a deadline of one year to repeat liability for lack of conformity. This deadline shall be counted from the time when the replacement occurred.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in keeping with Spanish legislation for anything that is not expressly established in them. The PROVIDER and the USER agree to be subject, in the case of any controversy that may arise in the providing of the products or services that are the object of these conditions, to the Courts and Tribunals of the USER’s home town.
Should the USER have their address outside Spain, the PROVIDER and the USER expressly renounce any other jurisdiction, and will be subject to the Courts and Tribunals nearest to the town of SANTA COLOMA DE CERVELLO (Spain).