CONDITIONS OF PURCHASE
CONDITIONS OF PURCHASE OF THE ONLINE SHOP OF AMBIENTAIRSHOP.COM
1.OBJECT: they are not exhaustive in nature.
1.1. These are the Conditions (hereinafter, Conditions) governing access, purchase and delivery of products offered in the online shop www.ambientairshop.com (hereinafter, Online Store).
1.2. The Online Shop is owned by Desarrollos Empresariales IGEL S.L., constituted in a public deed granted on 21 December 2010, before the Notary D. Antonio de la Esperanza Rodríguez, Madrid, with the order number of his protocol 4663, Commercial Register of MADRID Volume 28390, Folio 66, Section 8ª, Page M-511252, with address in Madrid, Calle Serrano, 222, 1º Izquierda.no have an exhaustive character.
1.3. It is understood that access, the purchase of products or the mere use of the Online Shop by the user implies full and unreserved adherence by the user to each and every one of the General Conditions that Desarrollos Empresariales IGEL S.L. has published at any time the user accesses the Online Shop.
1.4. Each order placed in the Online Store is governed by the general conditions applicable to the date of the order.
2.1. The photographs relating to the products contained in the Online Shop shall always try to provide truthful information about the products.
2.2. In the event of temporary unavailability of the product, Desarrollos Empresriales IGEL S.L. will offer the customer an alternative replacement of the desired products of equal or greater value than the original, or if desired, will obtain a refund for the units not shipped.
2.3. In case of cancellation of the order, a cancellation email will be sent to the Buyer. In the event of payment by PayPal, the sums paid will be credited within thirty days, either to the PayPal account that enabled the purchase, or reimbursed to the Purchaser’s bank card.
2.4. The temporary unavailability or definitive depletion of stock of a product which is the subject of an order shall have no effect on the processing and delivery of the rest of the order.
3.1. The placing of an order implies acceptance of these General Conditions as well as the prices of the products and articles available for sale in the Online Shop.
3.3. To place an order, the buyer may:
– either register with the Online Shop by filling in the relevant data forms, which will allow him/her, on the one hand, to place subsequent orders without having to fill in the forms again prior to placing the order and, on the other hand, to track all his/her orders;
– or to make one or more purchases from the Online Store without registering with the Online Store.
3.4. The order will be processed in five stages: User identification, Invoice and shipping details, Type of shipment and method of payment, Confirmation of the order and shipment of the order.
3.5. To place an order, you must follow the procedure described above and click on “Accept” the payment. Once payment has been authorised, the buyer will receive an email acknowledging receipt of his order (the “Order Confirmation”).
3.6. At any time, the Buyer who has placed an order may obtain information on the tracking of his order in the Online Store, in the section Consult your order, by identifying himself with his email address and password, in the event that he is a registered user, or by entering his email address and order number in the boxes provided for this purpose.
4. PRICE AND PAYMENT
4.1. Bank card: The Buyer may pay by Visa, Visa Electron, Mastercard, American Express, Euro 6000 and PayPal. When confirming his order, the Buyer shall provide his bank card number, followed by the type of card in question (among those accepted in the Online Shop), its expiry date and the three-digit cryptogram on the back of the card. The bank card will be charged within two days of the order confirmation.
This validation is equivalent to the signature and express acceptance of all transactions carried out in the Online Shop. The card number provided by the Buyer and the validation of the purchase shall be valid as proof of the completeness of the order and of the enforceability of the sums due in execution of the said order.
The Online Shop server is encrypted and all transmitted data is encrypted in order to prevent fraud. The bank details transmitted by the Buyer are confidential and are transmitted in a secure environment (SSL protocol). Bank card details are not stored on the servers of the Online Shop but on those of a bank.
Credit cards will be subject to checks and authorisations by the issuing bank, but if said bank does not authorise payment, Desarrollos Empresariales IGEL, S.L. cannot be held responsible for any delay or non-delivery and no Contract can be formalised with the Buyer.
4.2. PayPal: The Buyer who wishes to make the payment through his PayPal account, must enter his email linked to his PayPal account and his PayPal password at the time of validation of the order.
PayPal encrypts all the data that the Buyer has communicated to it when he created his account. Thus, no data except the Buyer’s email will be communicated to Desarrollos Empresariales IGEL S.L. Financial and personal data will be automatically encrypted during the sending of all sensitive information to PayPal servers.
4.3. Desarrollos Empresariales IGEL S.L. will remain the owner of the product until full payment. Desarrollos Empresariales IGEL S.L. reserves the right to refuse to make a delivery or confirm the order of a Client who has not paid all or part of a previous order or with whom there is an ongoing dispute.
4.4. The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in the Online Shop.
4.5. Prices may change at any time, but (save as set out above) any such changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
5.1. When placing an order, the Buyer must indicate the place where he wishes to receive his order. Orders are delivered to the address given by the Buyer when placing the order. If the Buyer is absent, a delivery notice will be left in the Buyer’s mailbox. Desarrollos Empresariales IGEL S.L. will not be responsible for the delivery of a package to the wrong address, if this error results from the indications provided by the Buyer when placing the order.
5.2. For each order, the Buyer will be charged a price for processing and transport costs. These costs will be indicated before the order is confirmed and payment is made and will vary depending on the country of delivery, the quantity of products in the order and the mode of transport chosen.
5.3. Without prejudice to the provisions of the second clause regarding the availability of products, and except in cases of force majeure or fortuitous events beyond the control of Desarrollos Empresariales IGEL S.L., orders will be delivered to the Buyer within the time periods indicated in the corresponding Shipping Confirmation or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation.
5.4. If, for whatever reason, Desarrollos Empresariales IGEL S.L. cannot meet the delivery deadline, the Buyer will be informed of this circumstance and will be given the option to go ahead with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.
5.5. If, after two delivery attempts at the address provided, it is impossible for the transport agency to deliver the order to the address provided, an attempt will be made to locate the Buyer by notification at home, by telephone or by e-mail in order to arrange a new delivery date. If the Buyer is not going to be at the place of delivery of the order at the agreed time, he is requested to contact us to arrange delivery on another day.
5.6. In any case, to collect the order, the Purchaser shall have a period of 30 days from the date of Confirmation of dispatch. If after this period, the Buyer has not collected his order, it shall be understood that he wishes to withdraw from the Contract and it shall be deemed to be terminated. As a consequence of the termination of the Contract, the price paid for such products shall be refunded as soon as possible and, in any event, within 30 days from the date of termination of the Contract as set out in this clause.
5.7. In the event that delivery cannot be made due to continued refusal by the customer without prior notification by the customer, the order will be returned and the relevant shipping costs incurred for the shipment and return of the order will be charged. Subsequent claims by the customer on this point will not be accepted. In the event of refusal of delivery of the order, and return to the supplier’s premises, the order will not be re-sent unless the customer places a new order.
6.1. Desarrollos Empresariales IGEL S.L. is not responsible for delays in the delivery of orders related to force majeure events and in particular in cases of total or partial strikes of transport services.
6.2. Desarrollos Empresariales IGEL S.L. is not responsible for any inconveniences or damages related to the use of the Internet network that are totally unrelated to Desarrollos Empresariales IGEL S.L.
6.3. The responsibility of Desarrollos Empresariales IGEL S.L. in relation to any product purchased on the website will be strictly limited to the purchase price of the product.
6.4. To the extent permitted by law, and notwithstanding that these Conditions of Sale may provide otherwise in some cases, Desarrollos Empresariales IGEL S.L. will not accept any liability for the following losses, regardless of their origin:
loss of business;
loss of profits or loss of contracts;
loss of income or sales;
loss of anticipated savings;
loss of management time or office hours;
loss of data.
6.5. All product descriptions, information and materials contained in the Online Shop are provided as a matter of fact and with express or implied warranties thereon. To the extent permitted by law, all warranties are excluded, except those that cannot be legitimately excluded vis-à-vis consumers and users. The provisions of this clause shall not affect the legal rights as a consumer and user, nor the right to withdraw from the Contract.
6.6. In case of defective product, the seller must proceed, as appropriate, to repair, replacement, price reduction or termination of the contract, steps that will be free for the consumer and user.
6.7. The seller is liable for any lack of conformity that becomes apparent within two years of delivery.
6.8. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of the lack of conformity.
7. EXCHANGES, REFUNDS AND RETURNS
7.1. Desarrollos Empresariales IGEL S.L. informs you that you have the right of withdrawal to return your order.
7.2. The deadline for the exercise of this right is 14 calendar days from receipt of the product or from the conclusion of the contract in the case of provision of services, without penalties for its exercise.
7.3. The full refund of the purchase price shall be made to the consumer, at the price of the product plus shipping costs within 14 calendar days from the date on which the consumer has been informed of the decision to withdraw from the consumer contract using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the refund.
7.4. The exercise of this right shall not be subject to any formalities and the consumer shall be required to return the product in perfect condition without limiting the use of the product (provided that it does not go beyond the mere verification of the good condition and functioning of the product). On the other hand, the consumer will have to pay the shipping costs for the return of the goods when he has been previously informed of this.
7.5. This right can be exercised by contacting us directly, by calling our telephone number 912 900 029, or by filling in the following document: Cancellation document.
7.6. If the article is not returned in the same original packaging, the good will suffer a depreciation. The delivery address will be the following:
Desarrollos Empresariales IGEL S.L.
Calle Serrano 222
7.7. The Buyer will be able to cancel his order as long as it has not been sent. If the order has left the warehouses of Desarrollos Empresariales IGEL S.L., it cannot be cancelled, but it can be returned once it has been received.
7.8. The Buyer may choose, upon receipt of the order, to exchange a product of the same, without waiting for its return and reimbursement to be processed. If the new order is for a lower price than the initial price, the Purchaser’s bank card will be credited for the difference between the quantity of the returned products and the quantity of the products and articles subject to a new order, minus the flat-rate price of the shipping costs of the new order.
7.9. In the event that delivery cannot be made due to the customer’s continued refusal without prior notification by the customer, the order will be returned and the relevant shipping costs incurred for the shipment and return of the order will be charged. Subsequent claims by the customer on this point will not be accepted. In the event of refusal of delivery of the order, and return to the supplier’s premises, the order will not be re-sent unless the customer places a new order.
8. INTELLECTUAL PROPERTY
8.1. Desarrollos Empresariales IGEL S.L. is the owner or licensee of the rights of exploitation of intellectual property and industrial property of the Web and the contents available through it. Under no circumstances shall it be understood that the fact of allowing Users access to the Web implies a waiver, transmission, licence or total or partial transfer of said rights by Desarrollos Empresariales IGEL S.L.
9. WRITTEN COMMUNICATIONS
9.1. The applicable regulations require that some of the information or communications sent to you be in writing. By using this online shop, the Buyer accepts that most of these communications with Desarrollos Empresariales IGEL S.L. will be electronic. Contact with the buyer will be by e-mail or information will be provided by posting notices in the online shop. For contractual purposes, the Buyer consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically comply with the legal requirements of being in writing. This condition shall not affect statutory rights.
10. PERSONAL DATA
11. FREE INVOICING IN PAPER OR ELECTRONIC FORMAT
Immediately after acceptance by the consumer of the completion of the order, Desarrollos Empresariales IGEL S.L. will send an acknowledgement of receipt and a file of a document justifying the purchase made, which will contain the data relating to the contract made. However, Desarrollos Empresariales IGEL S.L. will not be obliged to confirm receipt of the offer by sending a supporting document when the contract has been concluded through the exchange of messages by e-mail or other equivalent means of individual communication, provided that these means have not been used for the sole purpose of avoiding compliance with this obligation.
Consumers may request Desarrollos Empresariales IGEL S.L. a paper or electronic invoice for the products or services contracted at no cost.
Once the contract has been concluded, the consumer will have the right to request information about the state of the delivery of the goods, as far as the nature of the goods allows it. To this end, Desarrollos Empresariales IGEL S.L. shall inform the consumer via the screen, e-mail, telephone or other equivalent means.
12. APPLICABLE LEGISLATION
These General Conditions are subject to Spanish legislation. These General Conditions are governed by Spanish law. The parties submit, at their choice, to the courts and tribunals of the user’s domicile for the resolution of conflicts, renouncing any other jurisdiction.
These General Conditions concluded between Desarrollos Empresariales IGEL, S.L. and the Buyer express the entirety of the rights and obligations of the parties.