1.1. These are the Conditions (hereinafter, Conditions) that regulate the access, purchase and shipment of the products offered in the online store of bergamotashop.com (hereinafter, Online Store).
1.2. The ownership of the Online Store belongs to AMBIENTAIR AROMAS S.L., constituted in public deed granted on 16/09/2014, before the Notary D. Segismundo Alvarez Royo-Villanova_, of Madrid, with the order number of his protocol 2014/2964/N/16/09/2014, with address in Madrid, calle Príncipe de Vergara nº 132, 9º 28002, Madrid, with CIF number B87089462.
1.3. It is understood that the access, the purchase of products or the mere use of the Online Store by the user implies the full and unreserved adherence of the user to each and every one of the General Conditions that AMBIENTAIR AROMAS S.L. has published at each moment in which the user accesses the Online Store.
1.4. Each order placed in the Online Store is governed by the general conditions applicable on the date of the order.
2.1. The photographs relating to the products contained in the Online Store try to provide accurate information about the products, although they are not exhaustive.
2.2. Product offers are valid as long as stock is available. Upon receipt of the order validated by the Buyer, AMBIENTAIR AROMAS S.L. will verify the availability of the products ordered.
2.3. In case of temporary unavailability of the product, AMBIENTAIR AROMAS S.L. reserves the right to provide you with information about replacement products of equal or superior quality and value that you can order. If you do not wish to order these substitute products, we will reimburse you for any amount you may have paid, cancelling the order.
2.4. In case of order cancellation, a cancellation email will be sent to the Buyer. In case of a payment by Paypal, the sums paid will be re-credited within thirty days, either on the Paypal account that allowed the purchase, or reimbursed on the Buyer’s bank card.
2.5. The temporary unavailability or definitive depletion of stock of a product object of an order, will not have any consequence on the processing and delivery of the rest of the order.
3.1. The information contained in these General Conditions and the details contained in the Online Store do not constitute an offer to sell, but an invitation to contract. No contract shall exist between the user and AMBIENTAIR AROMAS S.L. in relation to any product until your order has been expressly accepted by the latter. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.
3.2. Only those products listed in the shipping confirmation will be subject to the Contract. AMBIENTAIR AROMAS S.L. will not be obliged to supply you with any product that could have been the object of an order until the shipment is confirmed in a shipping confirmation. The placing of an order implies the acceptance of the present General Conditions as well as the prices of the products and articles available for sale in the Online Store.
3.3. To place an order, the buyer may:
– either register with the Online Store 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 on the Online Store without registering on 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, Order confirmation 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 the payment has been authorized, the buyer will receive an email acknowledging receipt of his order (the “Order Confirmation”). Receipt of this email does not mean that your order has been accepted, since it constitutes an offer made by the customer to AMBIENTAIR AROMAS S.L. to purchase one or more products. All orders are subject to the acceptance of the latter, of which you will be informed through an email confirming that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between both parties will be formalized only when the Shipping Confirmation is sent to you.
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, identifying himself with his email and password, in the event that he is a registered user, or by entering his email and order number in the boxes provided for this purpose.
AMBIENTAIR AROMAS S.L. reserves the right to remove any product from this website at any time and to remove or modify any material or content of it. Although every effort will be made to always process all orders, there may be exceptional circumstances that require the refusal to process any order after sending the Order Confirmation, so AMBIENTAIR AROMAS S.L. reserves the right to do so at any time, at its sole discretion. AMBIENTAIR AROMAS S.L. shall not be liable to the user or any third party for the removal of any product from this website, regardless of whether such product has been sold or not, removing or modifying any material or content of the website, or the refusal to process an order once the Order Confirmation has been sent.
PRICE AND PAYMENT
4.1. Bank card: The Buyer may pay by Visa, Visa Electron, Mastercard, American Express, Euro 6000 and PayPal. At the time of order confirmation, the Buyer shall provide the number of his bank payment card, followed by the type of card in question (among those accepted in the Online Store), its expiration date and the three-digit cryptogram on the back of the card. The bank card will be charged within two days of order confirmation.
This validation is equivalent to the signature and express acceptance of all transactions carried out in the Online Store. 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 order.
The server of the Online Store is encrypted and all transmitted data are encoded 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 kept on the servers of the Online Store but on those of a bank.
Credit cards will be subject to verifications and authorizations by the issuing entity, but if said entity does not authorize the payment, AMBIENTAIR AROMAS S.L. will not be held responsible for any delay or non-delivery and no Contract can be formalized 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 order validation.
Paypal encrypts all the data that the Buyer has communicated when he created his account. Thus, no data other than the Buyer’s email address will be communicated to AMBIENTAIR AROMAS S.L. Financial and personal data will be automatically encrypted during the sending of all sensitive information to Paypal servers.
4.3. AMBIENTAIR AROMAS S.L. remains the owner of the product until full payment. AMBIENTAIR AROMAS S.L. reserves the right to refuse to make a delivery or confirm the order of a Customer who has not paid all or part of a previous order or with whom there was an ongoing litigation.
4.4. The price of each product will be the one stipulated at all times in the online store, except in case of obvious error in the indication of the same. AMBIENTAIR AROMAS S.L. always tries to ensure that all prices listed in the online store are correct, but nevertheless, errors may occur. If AMBIENTAIR AROMAS S.L. observes an error in the price of any of the products that the Buyer has ordered, he will be informed as soon as possible and will be given the option to reconfirm his order at the correct price or cancel it. If the Buyer cannot be contacted, the order will be considered cancelled and any amounts paid will be refunded in full.
4.5. AMBIENTAIR AROMAS S.L. shall not be obliged to supply any product at the incorrect lower price (even after having sent the Shipping Confirmation to the Buyer), if the error in the price is obvious and unequivocal and could have been reasonably recognized by the Buyer as an incorrect price.
4.6. 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.
4.7. Prices may change at any time, but (except 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 the order, the Buyer shall indicate the place where he wants to receive his order. Orders are delivered to the address indicated by the Buyer when placing the order. If the Buyer is absent, a delivery notice will be left in the Buyer’s mailbox. AMBIENTAIR AROMAS S.L. will not be held responsible for the delivery of a package to a wrong address, if this error results from the indications provided by the Buyer when placing the order.
5.2. For each order, a price will be charged to the Purchaser on the costs of treatment and transport. These costs will be indicated before the order confirmation and payment 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 what is established in the second clause regarding the availability of the products, and except in cases of force majeure or fortuitous events beyond the control of AMBIENTAIR AROMAS S.L., the orders will be delivered to the Buyer within the terms 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 any reason AMBIENTAIR AROMAS S.L. could not meet the delivery date, 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 attempts we are unable to deliver your order at the address provided, we will try to find a safe place to leave it. Also, a notice will be left indicating the place where your order is located and how to pick it up. If the Buyer will not be at the place of delivery of the order at the agreed time, he/she is requested to contact us to arrange delivery on another day.
5.6. In any case, to pick up the order, the Buyer shall have a period of 30 days from the date of Confirmation of Shipment. If after this period, the Buyer has not collected his order, it will be understood that he wishes to withdraw from the Contract and it will be considered 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 case, within a maximum period of 30 days from the date of termination of the Contract as set forth in this clause.
6.1. AMBIENTAIR AROMAS S.L. is not responsible for delays in the delivery of orders that have to do with force majeure events and in particular with cases of total or partial strikes of transport services.
6.2. AMBIENTAIR AROMAS S.L. cannot be held responsible for any inconvenience or damage related to the use of the Internet network that are totally unrelated to AMBIENTAIR AROMAS S.L.
6.3. The responsibility of AMBIENTAIR AROMAS S.L. in relation to any product purchased on the website will be strictly limited to the purchase price of such product.
6.4. To the extent permitted by law, and notwithstanding that these Conditions of Sale may provide otherwise for some cases, AMBIENTAIR AROMAS 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 Store are provided as a matter of fact and without express or implied warranties about them. To the extent permitted by law, all warranties are excluded, except those that cannot be legitimately excluded against 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.
7.CHANGES, REFUNDS AND RETURNS
7.1. If for any reason you are not satisfied with your order the Buyer will have 15 days from receipt thereof, to return or exchange it. Returns or exchanges will only be accepted through the Online Store. Communicating it by email.
7.2. In the case of return of the entire order by the Buyer, the Buyer shall be entitled to a full refund of the amount of the order and the shipping costs of the delivery of the order, but not the return shipping costs.
7.3. No returns will be accepted more than thirty days after delivery of the order. No freight collect shipments will be accepted. Returned orders must include the purchase invoice, must be in perfect condition and in its original packaging. Used or damaged products or products without their original packaging will not be refunded.
The delivery address will be the following:
AMBIENTAIR AROMAS S.L.
Calle Principe de Vergara nº 132, 9º 28002, Madrid
C.P 28002 Madrid.
7.4. The Buyer will be able to cancel his order as long as it has not been sent. If the order has left the AMBIENTAIR AROMAS S.L. warehouses, the cancellation will not be possible, but it can be returned once it has been received.
7.5. The Buyer may choose, once the order has been received, to change a product of the same, without waiting for its return and reimbursement to be processed. If the new order is of 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.
8.1. AMBIENTAIR AROMAS 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. In no case shall it be understood that the fact of allowing Users access to the Web implies a waiver, transfer, license or total or partial transfer of such rights by AMBIENTAIR AROMAS S.L.
9.1. The applicable regulations require that part of the information or communications sent to you be in writing. By using this Online Store, the Buyer accepts that most of these communications with AMBIENTAIR AROMAS 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 Store. 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 the rights recognized by law.
These General Conditions are subject to Spanish law. Any discrepancy in relation to the object of the present General Conditions will be subject to the jurisdiction of the Courts and Tribunals of Madrid.
The present General Conditions concluded between AMBIENTAIR AROMAS S.L. and the Buyer express the integrity of the rights and obligations of the parties.