GENERAL TERMS AND CONDITIONS www.exialoe.es
- General conditions
The present legal conditions are adequate to the different legal rules related with the online selling of products and services, such as those in the Law 7/1996, of 15th January Retail Trade Regulation (amended by Law 47/2002); the Law 34/2002 of 11th of July of Information Society Services and Electronic Commerce, (amended by Royal Decree –Law 13/2012, 30th of March); the legislative Royal Decree 1/2007, 16th of November , General consolidated text for the Protection of Consumers and Users ; Law 3/2014 27th of March, by which is modified the consolidated text of the General Law for the Protection of Consumers and Users and different complementary laws, approved by the Royal Legislative Decree 1/2007, 16th of November of the Law 44/2006 of the 29th of December , for improvement of the protection of consumers and users; the Royal Decree 1906/1999 17th December 1999, by which the Telephonic or Electronic hiring is regulated with general conditions; European regulation on data protection 2016/679 of 28th of December, on Measures to promote Information Society the Law 29/2009 of 30th of December, by which is modified the legal regime of unfair competition and of publicity for the improvement of consumer and user protection, the Law 32/2003 General Telecommunications (amended by the Royal Decree-law 13/2012, 30th March).
The seller reserves the right to amend these General Conditions, with the aim of applying it to the current legislation at any time, the latest jurisprudences and customary market practices.
By following the indicated steps to formalize the order you express your full membership and with no reservations to each and every one of the General Terms and Conditions that are published in this website now, as well as the Particular Conditions that as the case may give the right to the acquisition.
Sending the purchase form entails a contracting channel. Moreover, the right sending of the mentioned form constitutes legal effects regarding effectiveness and validity of the contracts.
The present general conditions have been developed in accordance with the Law 34/2002 of the Society of the Information and Electronic Commerce, Law 7/1998 about General Contracting Conditions, Royal Legislative Decree 1/2007, 16th November, by which the Restated Text of the Law for the Protection of Consumers and Users is approved in which the appropriate measures result from implementing .
EURO ÉXITO ALOE, S.L. with CIF.- B-53620753 in the following address AV. PAÍS VALENCIA, 41 – C.P.03580 ALFAZ DEL PI (Alicante), reserves the right to modify at any time the present General Terms and Conditions.
- User registration
The access, use of determined services and applications offered in the Website require of the previous registration of the user through a registration form. The data provided by the users in such form will be added in an automated file in which the Seller is exclusively responsible and holder, in which processing will be subject to the Organic Law 15/1999, 13th December about Personal Data Protection and its development regulations.
The users that sign through the website www.exialoe.es recognize that are over 18 years old. The signing carried out by minors requires of the previous consent of the parents, guardians or legal representatives, whom will be considered responsible of the contract carried out by the minors in charge.
You are committed to keep your password in a safe place and use it in a confidential manner, being you responsible of the activities carried out fraudulently under it. It is your responsibility immediately informing THE COMPANY of the possibility of any no authorised use of the password, loss or misplacement.
The purchase can also be placed by telephone, email or in-store.
EURO ÉXITO ALOE, S.L. with CIF.- B- 53620753 in the following address AV. PAÍS VALENCIÁ, 41 - C.P. 03580 ALFAZ DEL PI (Alicante)
Any communication can be directed to the registered office or to the email address email@example.com
The Seller is dedicated to the online selling of natural products made of Aloe Vera.
- Contents and information provided in the website
The Seller reserves the right of modifying the commercial offer presented in the website (modifications on products, prices, promotions and other commercial conditions and of its service) at any moment. The Seller makes every effort within its means in order to offer the information contained in the website accurate and without typographic errors. In case of any involuntary mistake of this kind occurred The Seller will immediately proceed to its rectification. In case of existing a typographical error in any of the prices shown and any client would have taken a purchase decision based on that error, The Seller will let the customer know such error and the client will have the right of cancelling the purchase without any cost on his part.
The Seller’s website contents could, on occasions, show provisional information about some products. In case the given information does not correspond with the characteristics of the product the client will have the right of cancelling the purchase without any cost on his part.
The Seller is not responsible either directly or indirectly of any of the information, content, statements or expressions that the marketed products contain. This responsibility falls at any moment to the manufacturers of these products. The client understands that The Seller is an intermediary between him and the manufacturer.
- Selling system
To make a purchase, the user can send us their orders by using the “shopping cart” existent at our virtual store. Also, the user can send us the order by an electronic email or by telephone.
- Applicable taxes
The prices of the products exposed in the Vendor’s website, include the value added tax (IVA) that is applicable to apply in its case.
The purchases that are going to be delivered within any of the member States of the European Union will be subject to VAT.
The purchases that are going to be delivered in non European Membership countries, Canary Islands, Ceuta or Melilla will be exempted from VAT.
- Payment options
The Seller offers the Users and buyers the possibility of choosing between the following payment options:
Credit or debit card
You will be directed to a secure page of our bank institution under which the credit card details travel in an encrypted manner through SSL any of the data will ever be stored.
All your purchases can also be paid through a bank transfer. When you finish your shopping our bank account number will be given. Once the payment has been received, your order will be prepared in our warehouse and will be sent to the address mentioned.
It is important that the order number is indicated when making the bank transfer.
- Method, cost and delivered time
Your purchase delivery will be made once the order is received and within the delivery preparation time that is from 7am to 3pm from Monday to Friday. The articles in stock will be sent within 24-48 hours time, except reasons beyond our control, we commit ourselves to keep you informed of your order state by electronic email or by telephone. The client can decide to change their order or cancelling it if that was necessary.
You have 14 days to formalize your return in case the product is not satisfactory, for this to be admitted, the product should be sent with the original package and in perfect conditions and any other product sent, should be sent prepaid by the customer. The amount will reimbursed or redeemed for another articles , being this decision of the client.
The purchase through our website constitutes the tacit acceptance by the buyer of the obligations and duties of every buyer as it if he was a direct buyer of the physical store.
The prices are valid except a typographic error or different taxation systems rather than the peninsular Spanish one.
All the Seller’s products are guaranteed from the invoice date against any material or manufacturing defects for the stipulated time on the guarantee note given with them, responding the manufacturers and importers as established in the Law 22/94, by which civil responsibility is regulated caused by defective products. The Seller is committed to carry out the proper steps with regard to the manufacturers within the current guarantee time, being the delivery and forwarding charges on behalf of the client.
If you have any doubts about the use of any article, you can direct to firstname.lastname@example.org or to the website www.exialoe.es/es/contactanos to make your query, not being this binding, we will try to answer your doubts and advise you on the best way.
The client will be able to select the delivery method among the possible ones in his delivery area. He will have to keep in mind that the delivery time, quality of service, the picking up point and the cost are different for each form of transport.
In case the client chooses different products with different shipping times, it will be understood as maximum deadline the one that has a longer shipping deadline.
The Seller sends the orders to its clients through different urgent transport companies nationally and internationally renowned. The delivery date in the client´s address depends on the availability of the chosen product and of the shipping area. Before confirming your order the client will be informed about the shipping cost and delivery times that are applied in his order in particular.
- Return policy
Euro Éxito Aloe S.L. confers the distributor the right to return the placed order in a maximum deadline of 14 calendar days since the reception of it (according with the Article 102 of the Law 3/2014 of 27th March), prior communication to Euro Éxito Aloe S.L. within this period of time.
You will be able to return the purchased article as long as the products have not been used and keep their original seal or original packaging. Returns will not be admitted if the product is not sent in perfect conditions, with its original packaging and not being used. The return costs will be on behalf of the distributor.
According with the law, returns will not be admitted of articles that have been unsealed, except in cases of defective goods. If the return is done within this time, or the article has been used, it is damaged or with an expiring date of less than 6 months, it will not be accepted its returning and there will be no right of reimbursement.
Before initiating a return, the distributor will have to keep in touch with our selling department within the indicated time where we will let you know how to proceed with the return. No return will be made if it has not been informed before.
Euro Éxito Aloe S.L. will not refund the amount or make any reshipment of goods while it has not been verified the reception and the condition of the product, packaging and the article’s accessories that is going to be returned or changed.
The price to be reimbursed is the one that originally was shown on the order (as long as the same tariff is kept); in case during this period the tariff has been changed , the return will be made in the actual tariff) and will be reimbursed on the next bill or according with the payment modality chosen by the distributor.
- Right of cancellation
On 27th of March the Law 3/2014 27th March, was approved by which the refunded text of the General Law for the Protection of Consumers and Users (LGDCU) is modified and other complementary laws. The Law adopts the national right of the community Directive 2011/83 about the rights of the consumers.
The contracts finished from 13th of June 2014 will be governed by the new rules.
You have the right to desist from the present purchasing contract with EURO ÉXITO ALOE S.L. in a minimum deadline of 14 calendar days without need for justification. The cancellation deadline will expire after 14 calendar days since you or a third party indicated by you, acquired the material possession of the goods.
To exercise the cancellation right, you will have to notify us your decision of cancellation of the contract through a clear statement (for example, a letter sent by postal mail, fax or electronic mail).
To fulfil with the cancellation deadline, it is enough with the communication regarding your exercise on your part of this right is sent before the corresponding deadline time finishes.
The returning shipping costs of the products will always be on behalf of the client except for a confused article or a defective article. If it does not come with the postage prepaid the returning will not be admitted.
In case of cancellation, we will pay you back all the payments received by you, with the exception of the postage that is on your behalf, in the maximum deadline of 14 calendar days from the date in which you inform us about your decision of cancellation of the present contract. We will proceed to make such reimbursement using the same payment method used by you for the initial transaction, unless you have specified the opposite. The returning postage will be on behalf of the client and returns with no prepaid postage will not be admitted.
The returning of those products that are not in the same condition in which were received or that have been used apart from just opening the product or those personalized items will not proceed. Likewise, the change or returning of those sealed products that are not suitable to be returned due to protect the health or for hygiene reasons and that have been unsealed after the delivery.
Exceptions to the right of withdrawal
The right of withdrawal will not be applied to the contracts that refer to:
a) The supply of services, once the service has been fully executed, when the execution has started, prior the expressed consent of the consumer and of the user and with the recognition on his part that is conscious that once the contract has been fully executed by the seller, will have lost the right of cancellation.
b) The supply of goods or services which price depends on the fluctuations on the financial market that the entrepreneur is not able to control and that may be produced during the cancellation time.
c) The supply of goods manufactured according to the consumer or client’s specifications or clearly customized.
d) The supply of goods that may deteriorate or quickly expire.
e) The supply of sealed goods that are not suitable to be returned due to protection of the health or for hygiene reasons and that have been unsealed after the delivery.
f) The supply of goods that after their delivery and keeping in mind their nature have been mixed in an inseparable way with other goods.
g) The supply of alcoholic drinks which price has been agreed at the moment of entering into a sales contract and that can not be delivered before 30 days and which real value depends on the fluctuations on the financial market that the entrepreneur is not able to control.
h) The contracts in which the consumer and user has specifically applied to the entrepreneur to visit him in order to make urgent repair and maintenance operations; if, in this visit, the entrepreneur supplies with additional services to the specifically requested ones by the consumer or supplies goods different to the spare parts necessarily used to carry out the maintenance or fixing operations, the cancellation right should be applied to those additional services or goods.
i) The supply of sealed audio or video recordings or the sealed computer software that have been unsealed by the consumer and user after the delivery.
j) The supply of daily press, periodic publications or magazines, with the exception of the subscription contracts for the supply of those publications.
k) Contracts concluded at a public auction.
l) The supply of accommodation services for different purposes of serving as a housing, transportation of goods, renting vehicles, catering or services related with leisure activities, if the contracts provide for a specific date or period of performance.
m) The provision of digital content that is not provided in a material support when the performance has started prior expressed consent by the consumer and user with the knowledge on his part that as a consequence he loses the right of cancellation.
- Obligations of the client
The Seller’s client commits at all times to provide the accurate information about the requested data in registration forms or to place an order and to keep them updated at all times.
The client commits to accept all the dispositions and conditions collected in the present General Terms and Conditions understanding that they are for the best possible service for the type of activity that the Seller develops.
Likewise, he is compromised to keep in a confidential manner and with the maximum diligence the client’s personal password to our website.
The client commits to help with the delivery of the placed order by providing a delivery address in which may be delivered within the regular delivery times of goods (Monday to Friday from 10 am to 13:30 pm and from 4 pm to 8 pm). In case this is not fulfilled on the client’s side, the Seller will have no responsibility about the delivery delay or impossibility of the placed order by the client.
- Applied Legislation and competent jurisdiction
The purchases made with the Seller are submitted to the Spanish legislation. In case that there is any conflict or discrepancy, the applicable jurisdiction will be the courts of Benidorm (Alicante).