I.- Purpose, objective and scope of application
The hereof stipulations regulate the contracting of the offered products and services as well as the publicity addressed to his customers/users by LUIS MIGUEL MARTINEZ CASTELLÓ with Identity card number: 79104402-L, mercantile society that works on the internet through the website www.canaryaloe.es offering his customers products and cosmetic products of Aloe Vera grown and processed in the premises of ALOE VERA INTERNATIONAL, S.A. in Tiscamanita, Fuerteventura. Canary Islands, Spain.
The General Conditions regulate the rights and duties of the parties derived from purchase and sale operations.
The following clauses are part of the framework agreement that all the users who access to the website www.canaryaloe.es are obliged to know and accept.
The services offered on this website will be regulated by the conditions included in this agreement. LUIS MIGUEL MARTINEZ CASTELLÓ reserves the right to totally or partially amend these general conditions, whose amendments will be applied once they are published on the website. In any event, the above-mentioned amendments will not have retroactive effect on the services and products previously purchased by users.
These General Conditions binds both parties and constitute an integral part of this purchase and sale agreement, which will be valid and effective since the order is placed by the costumer, by means of contracting mechanics that will be specified afterwards, all that in accordance with what is stipulated in the article 1.225 of the Spanish Civil Code that recognizes the principle of independent judgement and autonomy to agree between the parties. For all intents and purposes it will be understood that the user accepts the conditions and rules of use listed herein once he or she clicks the accept button at the bottom of this document.
In order to guarantee www.canaryaloe.es consumer and user rights, the hereof General Conditions are established in accordance with what is stipulated in the Spanish Law, and in particular with the Law 7/96 April 13 on General Conditions of Contracting, Law 7/96 January 15 on Retail Commerce Ordinance, Civil Code, Directive 2000/31 EC of the European Parliament and Council, June 8, Law 34/2002 July 11on the Information Society and Electronic Commerce, Law3/2014, 27th March, which amends the consolidating General Law for the Protection of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007 November 16 (hereinafter GLPCU) and other applicable laws and its development regulations.
II.- Identification And Offeror Company Name
ALOE VERA INTERNACIONAL, S.A. (AVISA)
Carretera General del Sur, Km 30. Tiscamanita
35638 – Tuineje
Is the owner of the website www.canaryaloe.es
LUIS MIGUEL MARTÍNEZ CASTELLÓ, NIF: 79104402-L
C / Bélgica 16 Pta 20
46021 – Valencia
is the manager of the website www.canaryaloe.es and the person who commercially exploits it.
This will be the address for the purpose of claims
III.- Legal Conditions For The Service Provision and Responsibility
Clarity And Coherence Of The Information:
LUIS MIGUEL MARTINEZ CASTELLÓ in compliance with the article 10 of the Law 34/2002 July 11 through the website www.canaryaloe.es and the hereof General Conditions, enables the access, by electronic means, and in a permanent, easy, direct, and free way to all the information of the company (taxation and registry data, address, and communication address) Likewise, Luis Miguel Martinez Castelló will be the only person to have access to the costumer personal data.
Furthermore, in accordance with the before-mentioned GLPCU he offers the costumer both the pre-contractual information (See the General Conditions as well as the additional information in the different sections of the website) and the confirmation of the legally required information
Iv.-User/Costumer Access Conditions
The website user will have the right to access freely and free of charge to all the public information gathered in www.canaryaloe.es, although LUIS MIGUEL MARTINEZ CASTELLÓ reserves the right to limit the access to the information, promotions and special offers to the registered costumer.
The costumer/user, before making the purchase of any of the offered products on www.canaryaloe.es shall have to provide his o her necessary personal data in order to be able to formalize the agreement (name, surname o company name, Identity car number or VAT number, address, mail account, telephone number)
Users can place orders and formalize agreements if they are of legal age. Otherwise, parents or legal guardians will be responsible for the orders placed by minors
In order to be able to place an order on the website, every costumer, under their responsibility and voluntarily, must provide AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ their personal data.
All false or fraudulent personal information provided by costumers will be considered as a criminal offence of falsification of commercial documents.
AVISA – LUIS MIGUEL MARTÍNEZ CASTELLO shall be able to offer the costumer a personal registration system by means of a login code and a password, which will help them with future operations or purchases. In that case, the costumer shall be able to use the login code and password that he or she prefers, provided they are not already designated to other customers. By means of an automatic process, AVISA – LUIS MIGUEL MARTÍNEZ CASTELLO, shall generate the costumer`s login code and password if requested. Login codes and password with immoral, offensive, degrading, discriminatory or illegal contents will not be accepted as well as those with terms that refers to trademarks, products or names protected by Intellectual and Industrial rights or those that breaches the right to honour, privacy and personal image.
The costumer must commit to maintain confidentiality of his or her own login code and password. AVISA y LUIS MIGUEL MARTÍNEZ CASTELLÓ are exempt from any and all liability arising from the incorrect or negligent use of their login code and password by costumers in accordance with their confidentiality duty.
Customer complaint forms are available.
V.- Offer And Acceptance Process
PRODUCT PURCHASE CONDITIONS
LUIS MIGUEL MARTÍNEZ CASTELLÓ reserves the right, at any time and unilaterally, to modify the prices of the products and services offered on the website. In order to guarantee costumers the real product prices, they must keep in mind that the valid price is the one published at the time when the order is placed.
In the electronic purchase process you must follow the steps below in accordance with the options menu on the website www.canaryaloe.es
Information On The Product Offered To The Customer:
It includes technical characteristics, description and illustrative pictures.
Information On The Product Price:
Information on the final price or consumer price of the product, VAT and delivery costs included can be found. The final cost, therefore, will be informed to customers throughout the electronic purchasing process before acceptance by choosing the option “order acceptance” on the options menu.
Delivery costs can be checked in our website in the following link: www.canaryaloe.es
LUIS MIGUEL MARTÍNEZ CASTELLÓ will personally manage possible discounts or promotional gifts.
When placing an order, once you have clicked the order acceptance on the option menu, it is understood that the costumer has given his/her consent for the purchase agreement that binds both parties. LUIS MIGUEL MARTÍNEZ CASTELLÓ shall electronically record the order. In case there is a reasonable typographical error, the order will not be processed.
LUIS MIGUEL MARTÍNEZ CASTELLÓ, after the order acceptance, shall inform the costumer by sending an order confirmation and the current general conditions to the costumer email address.
The sale and delivery commitment undertaken by LUIS MIGUEL MARTÍNEZ CASTELLÓ will be subject to the stated product availability and it will be valid up to the product stock exhausts. LUIS MIGUEL MARTÍNEZ CASTELLÓ, in order to guarantee costumer service quality, will seek to ensure the availability of all the published products. However, in case of exceptional circumstances such as an excessive order or interactive multi-order or any other circumstances that may exhaust the product stock, the order and agreement between both parties will cease to have effect under the hereof cancellation clause, by reimbursing the client the amount of money already paid.
Delivery Time Of The Purchased Product:
The standard time of delivery in Spain is up to 24/48 hours since the “ORDER CONFIRMATION”. In Europe the delivery time lasts between 2 and 7 days, depending on the geographical area.
Place And Form Of Delivery:
The goods will be delivered at the designated address by the costumer at the moment of the purchase agreement. Any subsequent change in the place of delivery requested by the customer will be possible only when the goods have not left the warehouses and will generate additional costs on the sale price at the expense of the buyer. Changes in the delivery address once the goods have been delivered to the carrier will not be possible except if the customer pays the cost and it is expressly agreed between both parties. The goods will be delivered to the customer (or a designated third person) by means of a courier company together with the delivery note in which will appear the personal data that will identify the customer (or the third person appointed by him) the goods and the number of packages of the shipment.
Our goods have insurance coverage for transportation risks, lost and handling during shipment.
Important: make sure that the package is received in good conditions and is not externally damaged. Otherwise, write it down in the delivery note, refuse the package and report in writing to LUIS MIGUEL MARTINEZ CASTELLÓ within 24/48 hours after the incident. In case of damaged shipment or disagreement with shipment and delivery (which has not been stated at the time of receipt because it was not externally visible) costumers must report it to www.canaryaloe.es within 14 calendar days after receipt by email.
Vi.- Costumers Rights.
Costumer personal data confidentiality and security will be managed in accordance with what is established in the Spanish Law for data protection.
No distribution, transmission or publication of costumer data without his/her explicit consent.
No receipt of emails in case they have refused them.
Access, rectify, cancel or oppose the data processing of personal data in AVISA database if requested, in accordance with what is established in the Data Protection clause.
Access free of charge to the open sections of the website www.canaryaloe.es
Be able to track the shipment at any time.
Rescind the hereof agreement within 14 calendar days without any justification. The period of time for rescinding will expire after 14 days since the day the costumer, or a third person other than the carrier, designated by him took possession of the goods.
Return Shipment Conditions: in cases the good is damaged or spoiled due to causes other than testing the product in order to take a decision on its definitive acquisition, LUIS MIGUEL MARTÍNEZ CASTELLÓ shall agree with the customer the sum to be refunded.
The customer will be responsible for the direct costs of goods return. The customer will only be liable for any diminished value of the goods resulting from the handling other that what is necessary to ascertain the nature, characteristics and functioning of the good. In cases of an excessive use of the good, return and refund will not be accepted. Costumers should be sure they acquire the product before using the product.
LUIS MIGUEL MARTÍNEZ CASTELLÓ will not be responsible for either returned products which have been handled by costumer in an abusive way (using a quarter of the container of a cosmetic or Aloe Vera product) or incomplete return goods with missing elements or accessories. The right of withdrawal will not be applied after the deadline date.
Instructions for the products (return) shipment: the delivery of a possible returned product will not be handed directly in our warehouse. It will be handed to the carrier for shipping instead. In order to avoid any incidence, it is necessary that the products are protected with an additional external package – the same way it has been delivered to you at your address – and avoid this way any kind of damage or any handling of the original product package during the shipping.
If you have any question concerning the correct shipping of products to www.canaryaloe.es, please address to Customer Service department.
All returned products that do not have the original package, will be rejected. Please bear in mind that to identify your return efficiently, it must have the original return form of www.canaryaloe.es
VII.- AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ Rights To
Keep operational, modify or cancel the site without notice.
Modify offers and prices.
Refuse orders due to lack of stocks or default by costumer.
Deny website access to customers who do not comply with these conditions.
Receive customer payment once the purchase is accepted.
Reserve the domain and keep full ownership of goods until total payment by costumer.
Reserve the right to organize draws of goods or services on his site.
Use the information published by costumer on www.canaryaloe.es exclusively for personal commercial purposes.
Correct and amend human or computer errors.
VIII.- Personal data protection
The information received by AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ through its website will be treated with utmost confidentiality.
AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ shall always comply with the data protection regulations in force, in particular with the Organic Law 15/1999, December 13, on protection of personal data and will adopt the necessary measures, as regards such data, prevent their alteration, loss, unauthorized procession or access and so that its employees will comply with such regulations, as well as their duty of secrecy as regards such data and all confidentiality obligations in force. Furthermore, he undertakes no to use personal data of his website users for other purposes unrelated to the purpose of contracting the services it provides.
In accordance with the current legislation AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ collects customer personal data for the sole purpose of managing the placed orders.
Personal data will be used by AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ with the purpose of sending the user information on offers and advertising information related to the purchase made to the electronic address or physical address provided, which the customer expressly consent to: however, the consumer, at any time, will have the option to unsubscribe by sending us an e-mail with the request.
Furthermore, the customer expressly consent AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ to communicate such data to third parties such as shipping companies or banks in order to be able to carry out the management of shipments and order charges. AVISA – LUIS MIGUEL MARTÍNEZ CASTELLÓ will be allowed to communicate any other data in accordance with the law established by law.
Right of access, rectification, cancellation and objection:
The costumer has the right to access, rectify, cancel and object his personal data if necessary. The user or his legal representative can exercise such rights by sending a letter with his signature to: ALOE VERA INTERNACIONAL, S.A. (AVISA)
Carretera General del Sur, Km 30. Tiscamanita. 35638 – Tuineje. Fuerteventura
Processing security, electronic processing and custody of data: