General Conditions of Purchase
For any doubt, complaint or suggestion, you can contact our Customer Service by phone 93 540 21 85 or e-mail shop@abriletnature.es
1.1 The present general contracting conditions, together with the particular conditions that may be established, will expressly regulate the relations that arise between abril et nature, S.L., domiciled in Granollers, Barcelona, C/ Palautordera, 26, telephone 93 540 50 58 and with C.I.F. B61795035, (hereinafter referred to as "abril et nature") and third parties (hereinafter "Users") who use the Internet portal www.abriletnature.es (hereinafter "Portal") or any of its subdomains, as well as with third parties that contract the products offered through it.
abril et nature reserves, at all times, the right to modify unilaterally, without prior notice, and at any time the presentation and configuration of the Portal.
1.2 The present General Conditions have been developed in accordance with the provisions of Law 7/1998 on General Conditions of Contracting, Royal Decree 1906/1999 regulating telephone or electronic contracting with general conditions under development of Article 5.3 of Law 7/1998, Law 26/1984 General for the Defense of Consumers and Users, Law 7/1996 on the Management of Retail Trade, The Royal Decree-Law 14/1999 regulating the Electronic Signature and any legal provisions that result of application.
1.3 By using the Porta of abril et nature, you acquire the status of User. Both the visit and the use and / or acquisition of any of the Portal’s products imply acceptance as a User, without reservation of any class, each and every one of the General Conditions, as well as, where appropriate, the Particular Conditions that, where appropriate, govern the acquisition.
1.4 abril et nature may, at any time and without prior notice, modify these General Conditions, by publishing said modifications on the Portal so that they can be known by Users always before visiting the Portal or to the acquisition of any goods offered on the Portal.
2.1 The products offered on the Portal, along with their characteristics and prices will appear on the screen.
Likewise, the shipping costs to the address of the User of the products will appear on the screen, which will always be paid by the buyer. These products will be available for sale until stocks last. The prices indicated on the screen are in euros and include VAT and any other tax which may be applicable except for typographical errors or, if you are a resident of the Canary Islands and registered as such in the system, the price will be indicated directly without VAT.
The offers will be properly displayed on the screen. abril et nature reserves the right to decide, at any time, the products that are contained and offered to Users through the Portal. In this way, abril et nature, may at any time add new products to those included in the Portal, understanding, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force in that moment.
Likewise, abril et nature reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.
2.2. For the purchase of the products offered on the Portal, abril et nature will ask Users for delivery and, where appropriate, billing data. These data include name, full address, contact telephone number, email and comments on the delivery and will be held and used by abril et nature for communicating to Users, who have already purchased, offers and newsletters that abril et nature considers appropriate.
Users may request removal of receiving communications at the Customer Service phone number: +34 93 540 21 85, or by sending an email to shop@abriletnature.es.
2.3 In order to make an order, the User of abril et nature must be at least eighteen (18) years of age. The purchase process is being carried out through the electronic purchase system according to the indications on the screen, adding the product you want in the Shopping Cart, subsequently filling in the order form supplied for this purpose and sending it to abril et nature, which implies the reading and acceptance of all these General Conditions, as well as, where appropriate, the existing Particular Conditions.
The purchase will be understood to have been made at the address of abril et nature, located in Calle Palautordera, 26 - 08401, Granollers, Barcelona.
2.4 Once the purchase has been made, it will be automatically acknowledged by an email confirming receipt of the order. Order receipt confirmation submitted by abril et nature will not be valid as an invoice or as a confirmation of order processing, only as a proof of correct receipt hereof.
In case abril et nature is not able to supply any of the products requested, the Customer Service Department will contact the User to suggest a solution that best suits the User.
3.1 Payment of the price of the goods purchased and the shipping costs, which will appear on the screen, may be made by bank transfer, or credit card.
As an electronic payment system, abril et nature is attached to the e-commerce payment gateway of Banco Sabadell and Pay Pal. All data provided for this purpose are encrypted under the Secure Socket Layers (SSL) protocol to ensure maximum security and at no time will be collected, stored or ever seen by any member of the staff of abril et nature.
3.2 abril et nature undertakes to deliver the goods purchased by the User, at the address of the buyer indicated for this purpose in the order form (no products will be delivered in PO Boxes, nor cybercafés or telephone booths), as soon as possible and, in any case, always before ten (10) calendar days from the date of formulation of the order. The shipping costs of the purchased items will be paid by the Buyer.
3.3. The User-Buyer will have a period of fifteen (15) working days to resolve the transaction without penalty or expense, provided that the products have not been opened or used.
The costs of shipping and return of the products will be borne by the User, except when the resolution is due to poor conditions, damage or deterioration of the products, in which case the costs of pick up and new delivery will be covered by abril et nature.
The period of fifteen days laid down in the preceding paragraph shall be calculated from the receipt by the Buyer of the goods purchased.
Returns of orders must be previously communicated to the to the Customer Service Department of abril et nature at 93 540 21 85. Exercised by the Buyer the right of resolution and upon receipt of the products in the facilities of abril et nature, it will return the amounts received by payment, with the exception of shipping costs if applicable, without any retention and in a period not exceeding ten (10) days.
4.1 For the purpose of the provisions of the Organic Law 15/1999 of 13th December on the Protection of Personal Data, abril et nature created with the data obtained on the Portal by and for abril et nature, and under its responsibility, for the purposes of information and marketing of products offered on the Portal, as well as the realization of promotional and advertising activities that may be of interest to you, to expand and improve our products by adapting our offers to your preferences or needs and to allow personalized navigation.
4.2 The User expressly accepts hereby the inclusion of the data collected during browsing the Portal, or provided by completing any form, as well as those derived from commercial relationship and/or delivery of the products purchased, in the automated file of personal data referred to in the first paragraph. During the data collection process, the User will be appropriately informed of the mandatory or non-mandatory nature of collecting such data for the delivery of the products, except for the placing of orders in which case abril et nature informs from this moment to the User that it is not it will be considered voluntary, so it will be necessary to include it for the formalization of the purchase order, to provide the details relating to the identity and address, since these data are necessary for the formalization and completion of the sale.
4.3 The User may exercise, with respect to the data collected in the manner provided for in the previous paragraph, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if relevant, as well as the revocation of consent for the transfer of their data. The rights referred to in the preceding paragraph may be exercised by the User, by written and signed request addressed to the following address: abril et nature, Customer Service Department, Calle Palautordera, 26 - 08401, Granollers, Barcelona, or by sending an email to the address shop@abriletnature.es or by phone 93 540 21 85.
4.4. abril et nature undertakes, in the use of the data included in the file, to respect its confidentiality and to use them in accordance with the purpose of the file, as well as to comply with its obligation to keep them and to take all measures to prevent alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures of automated files containing personal data, approved by Royal Decree 994/1999, as of July 11.
5.1 All contents displayed on the Portal and in particular designs, texts, graphics, logos, icons, buttons, trade names, trademarks, industrial drawings or any other signs susceptible of industrial and commercial use are subject to the rights of intellectual and industrial property of abril et nature or third party owners who have duly authorized their inclusion on the Portal.
5.2 In no case shall it be understood that any license is granted or waiver, transmission, total or partial transfer of said rights is made, nor is any right conferred, and especially, of alteration, exploitation, reproduction, distribution or public communication of said content without the prior express authorization of abril et nature or of the corresponding owners.
5.3 abril et nature authorizes the partial reproduction of its contents on third-party websites under the following conditions:
1) Any partial citing of the content will always be accompanied by a hyperlink to the URL where the total and original content is sourced, within the web space of abril et nature.
2) Apart from the partial reproduction and a hyperlink, the authorship hereof shall be indicated, naming abril et nature or abriletnature.es.
3) Any partial reproductions of content UNDER NO CIRCUMSTANCES MAY BE USED FOR THEIR OWN COMMERCIAL BENEFIT without the express authorization of abril et nature.
abril et nature will pursue and take appropriate actions against any reproduction of its content that does not comply with these conditions, and for this purpose it may use all electronic and digital means that legally exist, such as digital watermarks or IP markups.
6.1 abril et nature will be solely liable for damages that the User may suffer as a result of the use of the Portal when such damages are attributable to a willful misconduct on its part. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products is at his/her own risk and his/her entire responsibility.
6.2 abril et nature is not responsible for any damages, with a purely enunciative and non-limiting character, that may arise from:
- Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the computers and computer equipment of the Users, motivated by causes beyond abril et nature, that prevent or delay the provision of services or navigation through the Portal;
- Delays or blockages in use caused by deficiencies or overloading of the Internet or in other electronic systems;
- That they may be caused by third parties through unlawful intrusions outside the control of the Portal and that are not attributable to abril et nature;
- The impossibility of giving the Service or allowing access for reasons not attributable to abril et nature, due to the User, to third parties, or in cases of force majeure.
6.3 abril et nature does not control, in general, the use that Users make of the Service.
In particular abril et nature does not guarantee under any circumstances that Users use the Service in accordance with the law, these General Conditions, morality and generally accepted good practices and public order, nor that they do so diligently and prudently.
7.1 In general, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or on the Portal and always act in accordance with the law, good customs and the requirements of good faith, using the diligence appropriate to the nature of the service they enjoy, refraining from using the Portal in any way that may prevent, damage or deteriorate its normal operation, the goods or rights of abril et nature, its suppliers, the rest of Users or in general of any third party.
7.2 Specifically, and without implying any restriction to the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Portal, as well as in the acquisition of the Products to:
- In the case of making a purchase, the User undertakes to truthfully provide the requested data.
- Not to introduce, store or disseminate in or from the Portal, any information or material that was defamatory, insulting, obscene, threatening, xenophobic, incites violence to discrimination based on race, sex, ideology, religion or that in any way violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of third parties and in general the current regulations.
- Not to introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other instrument or electronic or physical device that is likely to cause damage to the Portal, any of the Services, or any of the equipment, systems or networks of abril et nature, of any User, of the suppliers of abril et nature or in general of any third party, or that in any other way is capable of causing them any type of alteration or preventing the normal functioning of the same.
- Not to carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to submit advertising, send messages for direct sales purposes or for any other commercial purpose, or for collect or store personal data of third parties.
- Not to use false identities, or impersonate the identity of others in the use of the Portal or in the use or acquisition of any of the Products, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
- Not to destroy, alter, disable or damage the data, information, programs or electronic documents of abril et nature, its suppliers or third parties.
- Not to introduce, store or disseminate through the Portal any content that infringes the intellectual property rights, industrial or business secrets of third parties, nor in general any content which does not hold, in accordance with the law, the right to make it available to third parties.
For the purposes of these General Conditions, and for any communication that may be required between abril et nature and the User, they should contact the Customer Service Department by email (by sending a message to shop@abriletnature.es) or by calling the telephone 93 540 21 85, or by written communication addressed to the Customer Service Department of abril et nature directed to: Calle Palautordera, 26 - 08401, Granollers, Barcelona.
The communications of abril et nature to the User will be made in accordance with the data provided by the User when registering on the Portal.
9.1 This contract shall be governed by Spanish law, which shall apply to the provisions of this contract in matters of interpretation, validity and execution.
9.2 In the event of any discrepancy or complaint between the parties regarding the performance or content of these General Conditions, the parties shall negotiate in good faith to attempt to resolve such discrepancy or claim within the maximum period of one (1) month from the date on which either party formally notifies the other that the discrepancy has arisen or notifies the claim.