Detalle de los Términos y Condiciones
1. About these Terms and
Conditions.
1.1. These Terms and
Conditions govern the sale to customers of any of the Products that appear on
our Website. The realization of an Order constitutes the legally binding acceptance
of said Terms and Conditions.
1.2. In these Terms and
Conditions:
1.2.1.
“Account” refers to the account that you must create on the Website in order to
place any Order.
1.2.2.
“Acknowledgment of Receipt” means our acknowledgment of receipt of the Order by
email.
1.2.3.
“Breach of obligations” refers to what is detailed in clause 9.9.2 of these
Terms and Conditions.
1.2.4.
“Working day” refers to any day that is not (i) Saturday or Sunday or (ii)
holiday anywhere in Spain.
1.2.5. “Order
Confirmation Mail” refers to the email we send to confirm the validity of your
Order.
1.2.6.
“Contract” refers to the Order of a Product in accordance with these Terms and
Conditions, which you accept.
1.2.7.
"Customer" refers to the person who placed the Order.
1.2.8.
"Liability" refers to what is detailed in clause 9.9.1 of these Terms
and Conditions.
1.2.9.
"Order" refers to the Order placed on our Website in order to acquire
our Products.
1.2.10.
"You" is the customer who places the Order.
1.2.11. The
"Clauses" are the clauses contained in these Terms and Conditions.
1.2.12. The
titles of the clauses serve only as a reference and will not affect the
interpretation of these Terms and Conditions.
1.2.13.
Words expressed in the singular will include the plural and vice versa. Words
expressed in a given genre will include all genres and references to people
will include individuals, companies, societies, companies or associates.
1.2.14. The
words "includes" or "including" and similar expressions or
words shall mean "without limits."
1.3. These Terms and
Conditions are part of our intellectual property. Its use is not allowed to
third parties, either totally or partially, with the commercial intention of
offering products or services. Failure to comply with said prohibition is
subject to legal action.
2. Your status
2.1. When placing an
order on our website, you ensure that you are over 18 years old.
3. Application
3.1. These Terms and
Conditions will be applicable to any Order or Contract made or to be made in
order to sell and distribute our Products. The placing of an Order or a
shipping order or acceptance of the delivery of the Products constitutes
unreserved acceptance of these Terms and Conditions. None of these Terms and
Conditions will affect your rights established by law (including the right to
claim that the products purchased from a business must correspond to their
description, meet their objectives and be of satisfactory quality).
3.2. These Terms and
Conditions will prevail over any independent document that is signed. Any
condition that you submit, propose or stipulate in any format and time, whether
in writing, by email or orally, is excluded.
3.3. Additional terms
or modifications to these Terms and Conditions will not be binding unless
provided by ALACIMA in writing and by signed document.
4. Formalization of Contracts
4.1. In order to place
an Order You must create an account on the Website, as detailed in clause 18,
and follow the instructions on how to place the Order and modify it before
finalizing it.
4.2. Once a Product has
been selected for your Order, the corresponding price will be shown (on the
Website), which will include VAT, if any, and any applicable shipping costs.
Unless otherwise indicated on the Website, all prices will be displayed in the
currency in force in Spain at the time of purchase. In accordance with clause
4.11 below, this will be the total amount to be paid for the Order placed.
4.3. In order to
complete the purchase process, you must pay the full amount of the Order at
once. To do this, you can provide us with the data of a valid credit or debit
card. In order to guarantee the confidentiality and security of the data transmitted
through the Website, ALACIMA uses a secure payment system. The items will not
be sent until we have registered the full payment of the purchase. In
accordance with the results of the card check, we reserve the right not to
offer you certain forms of payment and redirect you to others.
4.4. To enter the details of a card or a bank account, you must have the right to use it and said card or account must have sufficient funds to cover the possible payment. Only transfer payments are accepted from Spanish accounts.
4.5. You have the
responsibility that all data provided for the purpose of purchasing Products
are correct, that the credit or debit card, the bank account or the payment
method used belong to you and that said cards, accounts or forms of payment
payment have the necessary funds to cover the cost of the Products. We reserve
the right to request confirmation of payment information before sending the
Order.
4.6. The realization of
an Order on the Website implies the acceptance of these Terms and Conditions on
the date of placing the Order. You have the responsibility to review the latest
version of the Terms and Conditions when placing your Order.
4.7. You agree to
receive the invoices and payments of your returns only and exclusively in electronic
format.
4.8. The issuance of
your Order will constitute the execution and entry into force of a Contract,
for all purposes. For our part, we will be obliged to send you the requested
Products and the Acknowledgment of Receipt of your Order.
4.9. We will begin the
process of sending the Products when issuing the Order Receipt. In said
Acknowledgment of Receipt, we will provide you with information about the
Products purchased and the reference number of your Order. In case the Products
are not available, we will contact you in order to cancel the Order or offer
you alternative Products (in which case you must place the Order again). If you
do not receive the Acknowledgment, contact us.
4.10. The document
called Order Confirmation Mail will contain all the details related to your
purchase. Upon acceptance of your Order, you will receive an invoice, which
will not affect your obligation to pay the purchase amount in advance.
4.11 If, after
completing the Order, you discover that it contains an error, contact
shopalacima@botrueactivities.com immediately. We cannot guarantee the
modification of the Order according to its indications. If you wish to cancel
an Order for non-defective products, you must refer to clause 6, below.
4.12. The Contract
refers only to the Products that we list in the Order Confirmation Mail. We are
not obliged to send any of the Products that appear in your Order until we have
sent you the Order Confirmation Mail regarding them.
4.13. You must always
provide us with correct and non-misleading information. You must also inform us
of any changes that occur in your data.
5. Delivery
5.1. We will deliver
the Products to the shipping address that appears in your Order.
5.2. We will deliver at
the time we have established when placing the Order (and updated in the Order
Confirmation Mail). However, we cannot guarantee an exact delivery date or when
placing the Order or in the Confirmation Mail. Due to the uniqueness of the
product, origin and manufacturing process, we cannot establish a fixed delivery
date.
5.3. We will inform you
of any delay in sending the Order. However, to the extent permitted by law, we
are not responsible for losses, liabilities, costs, damages or charges arising
from such delay.
5.4. When the Order is
delivered, the recipient's signature may be required. You must verify that the
Product does not show obvious failures, defects or damages before signing and
keep the delivery receipt for possible future consultations.
5.5. We do not ship to
the following destinations: Ceuta, Melilla, Balearic and Canary Islands and
other countries other than Spain.
5.6. We ship in
standard packages.
5.7. You assume the
risks related to the Products of the Order from the moment in which the
delivery is made, except in case of delay of the shipment for breach of its
obligations. In this case, you will assume the risks at the time the delivery
had been made if there was no such breach. After assuming the risks, we are not
responsible for the loss or destruction of the Products.
5.8. Be sure not to
damage the contents of the package when opening it, especially if using sharp
instruments.
5.9. You must ensure
that you can receive the Order, without undue delay and at a reasonable time.
5.10. In case it is not
available for the reception of the Order, we will leave a card with the
instructions to follow for the forwarding or the collection of the package in
the courier office.
5.11. If delivery or collection is delayed due to unjustified rejection or you do not accept or pick up the package from the courier office (within two weeks after the first delivery), we will be obliged to carry out one or both of the following actions (without affecting any other right or resource that is in our hands):
5.11.1.
Charge storage costs and any other reasonable costs or expenses that may arise.
5.11.2. Do
not allow subsequent shipments or withdrawal of the Product from the courier
office and terminate the applicable Contract immediately. In such case, we will
enter the difference between the amount already paid and the reasonable
administrative expenses that have arisen (including the failed delivery and the
return of the Order, in addition to the storage costs established in the clause
mentioned above) to your account credit or debit card.
6. Cancellation by the Client
in case of non-defective Products
6.1. In accordance with
the provisions of this clause, and regardless of the rest of the rights related
to the defective Products, You can terminate the Contract and return any of the
Products received, whatever the reason for it, provided you notify the
termination of the Contract and the return of the Product, at its own risk,
within a period of fourteen (14) days from receipt. You must send us the
notification, by email to shopalacima@botrueactivities.com or by mail to Calle
San Sebastián 7 2ºG 21004 Huelva, Spain. The notification will be considered
delivered the day it is sent. Once you have the Products, you must keep them
properly. Products to be returned cannot be used. If you wish to return the
Products, contact us and we will send a courier to pick up the product.
Products must be returned in their original condition.
6.2. In accordance with
this clause, if you make the cancellation once the intention to terminate the
Contract has been notified, we will refund the amount paid immediately,
discounting the shipping and administration costs of 49 euros, within a maximum
period of 7 days to upon receipt of the returned product.
6.3. In case you have
paid the total amount of the purchase with gift vouchers or promotional
vouchers, we reserve the right to pay the amount corresponding to the Products
canceled and returned by providing a new gift voucher, with the same value and
the same expiration date as the original, or returning the value of the Order
to the balance of your user account.
7. Defective products
7.1. We guarantee that:
7.1.1. The
Product will be delivered in perfect condition and in the requested quantity.
7.1.2. The
Product will conform to the characteristics indicated on the Website or in the
description of the materials of the Product at the time of ordering.
7.2. You must take into
account the established instructions. It is your responsibility to follow these
instructions strictly.
7.3. Before shipping,
we can make small adjustments to color, material, weight, measurements, design
and other characteristics of the Product, to the extent that is reasonable.
7.4. We do everything
in our power to deliver the Products in an optimal state. However, if you
receive a Product that you consider defective, you must keep it in the current
state in order for us (or our agent) to verify it in a reasonable period of
time. In case of defective product, we will proceed, as appropriate, to the
repair, replacement, price reduction or termination of the contract, procedures
that will be free for the consumer and user. We respond to the breaches of
conformity that are manifested within two years of delivery. The consumer and
user must report the lack of conformity within two months of becoming aware of
it. This clause will be applied taking into account the nature of the
commercialized good.
7.5. In order to be
able to offer you solutions regarding the defective Product, we may need your
collaboration and ask you to quickly provide us with the following information
regarding the Product:
7.5.1.
Reasonably detailed explanation of the defects or damages presented by the
Product.
7.5.2.
Delivery note number and other information that may be reasonably useful.
7.6. If, as established
by the Contract, you want us to repair or replace the Product or refund the
amount paid, you must ensure that the Product:
7.6.1. It
has not been used incorrectly or negligently, has not been handled improperly
or recklessly and has not been subjected to abnormal or harmful conditions.
7.6.2. It
has not been involved in any accident or has been damaged while trying to
repair or modify it.
7.6.3. It has not been used in a manner contrary to what is established by the manufacturer in the Product instructions.
7.6.4. It
has not deteriorated due to natural wear after receipt.
7.7. In the event that
the Product does not meet any of the aforementioned requirements, we may
decide, at our discretion, not to repair or replace the Product or reimburse
the amount paid and / or we may ask you to reimburse all transportation and
revision costs arising according to Current standard rates. To carry out said
refund, we can charge the costs mentioned in your credit or debit card account
or use the payment information provided when placing the Order. To the extent
permitted by law, we are not responsible for losses, liabilities, costs,
damages or expenses that may result from the process.
8. Vouchers
8.1. You can use gift
vouchers or promotional vouchers as a form of payment for your Orders on the
Website. In clauses 8.7 and 8.8 you will find more information about
promotional vouchers and gift vouchers, respectively.
8.2. In the "My
user account" section of the Web, you can redeem vouchers or check your
current balance.
8.3. We can send you
emails with gift vouchers and promotional vouchers. In accordance with clause
10.2, we are not responsible for possible errors in the email address of the
recipient of the voucher.
8.4. Both gift vouchers
and promotional vouchers are transferable and you can assign your use and your
rights to another person.
8.5. In case of fraud,
attempted deception or suspicion of possible illegal activities related to the
purchase of gift vouchers or the exchange of them on the Website, we have the
right to close your account and / or ask you to use another form of payment.
8.6. We are not
responsible for the loss, theft or illegibility of gift vouchers or promotional
vouchers.
8.7. Conditions for the
redemption of promotional vouchers
8.7.1.
Sometimes, we issue promotional vouchers that you can use on the Website. We
will send them to you by email and you can only redeem them on the Website.
8.7.2.
Promotional vouchers are only valid during the period indicated therein, are
for single use only and cannot be combined with other promotional vouchers.
They may not be applicable to certain products.
8.7.3. The
balance of promotional vouchers cannot be used to make payment for third-party
Products.
8.7.4. If
the amount of your Order is less than the value of the promotional voucher, the
difference will not be paid or returned.
8.7.5. The
balance of a promotional voucher does not generate interest and has no
effective monetary value.
8.7.6. If
the amount of your Order is greater than the value of the promotional voucher,
you must pay the difference with another form of payment.
8.8. Conditions for the
redemption of gift vouchers
8.8.1. You
can purchase gift vouchers for your own use or for third parties. You will
receive these gift vouchers by email and you can only redeem them on the
Website.
8.8.2. Gift
vouchers can only be redeemed on the Website and are not valid on our websites
in other countries.
8.8.3. Gift
vouchers cannot be used for the purchase of other gift vouchers and can only be
purchased by credit or debit card and via PayPal.
8.8.4. The
balance of a gift voucher is not cumulative and has no effective monetary
value. Gift vouchers can only be redeemed before payment of the order. Once
completed, orders cannot be modified.
8.8.5. To
cancel the Order of a gift voucher, you can send an email to
shopalacima@botrueactivities.com at any time, provided that the voucher has not
yet been exchanged.
8.8.6. If
the amount of your Order is greater than the value of the gift voucher, you
must pay the difference with another form of payment.
8.8.7.
Several vouchers can be used to pay for an Order and can be combined with a
promotional voucher per purchase.
9. Limited liability
9.1. This clause 9
prevails over all remaining clauses and describes our total Responsibility and
your unique and exclusive resources with respect to:
9.1.1.
Compliance, breach, alleged compliance or delay in compliance with these Terms
and Conditions or the Contract or the Website (either in whole or in part).
9.1.2. Any
aspect related to these Terms and Conditions or the entry into force or
compliance with these Terms and Conditions.
9.2. No aspect of these
Terms and Conditions will limit or exclude:
9.2.1. Our Responsibility regarding (i) intent or gross fault; (ii) death or personal injury caused by the breach of our duty; (iii) any breach of the obligations established by Law 7/1196, Royal Decree 1906/1999, Royal Legislative Decree 1/2007; or (iv) any Liability that cannot be limited by applicable law or excluded from it.
9.2.2. Your
legal rights as a consumer.
9.3. In fulfilling our
obligations, established in these Terms and Conditions, our only duty is to
exercise reasonable attention and skill.
9.4. ALACIMA makes
every effort to avoid any error in the contents that may appear on the Website.
To carry out the purchase of the products offered on the ALACIMA website, the
User must register and accept the relevant terms and conditions. The
information, content and data of any kind on the pages of this Website or its
promotional campaigns are reviewed before publication. However, it is not
possible to guarantee that they are absolutely free of typos, typos,
composition defects and equivalent problems, so ALACIMA recommends that users
be aware of possible updates or rectifications that the Website incorporates.
9.5. Except in the
cases mentioned in clause 9.2, we do not accept and hereby exclude any
Liability for breach of obligations except for the Liabilities arising from
these Terms and Conditions.
9.6. Except in the
cases provided in clause 9.2, we are not responsible for:
9.6.1. Loss
of income; Losses of real or expected benefits; Loss of contracts; Loss of use
of money; Loss of anticipated savings; Business loss; Loss of operating time;
Loss of opportunities; Loss of clients; Loss of reputation; Loss, damage or
corruption of data; Any indirect or consequential loss.
9.6.2. The
exclusion of these Responsibilities includes both cases in which they are
foreseeable, known or anticipated, and in those where they are not. For the
avoidance of doubt, clause 9.6.1 is applicable in case of direct, indirect,
consequential or any other loss.
9.7. Except as provided
in clause 9.2:
9.7.1. Our
total Responsibility with respect to any Contract will not exceed, as a whole
and under any circumstances, the total amount of: i) 300 EUR; or ii) 110% of
the value of the Contract corresponding to the action arising.
9.7.2. Our
total Responsibility with respect to You or third parties will not exceed, as a
whole and under any circumstances, the total amount of: i) 300 EUR; or ii) 110%
of the total amount that you have paid us in the 12 months prior to the action.
9.8. The limitation of
Responsibilities established in clause 9.7 takes effect both in relation to any
Responsibility mentioned expressly in these Terms and Conditions and to any
Liability arising due to the invalidity or inapplicability of any term of these
Terms and Conditions.
9.9. In these Terms and
Conditions:
9.9.1.
"Liability" refers to responsibilities related to breach of the
Contract or obligations, false statements and restitution or any action of any
nature that arises or is related to these Terms and Conditions. These
responsibilities include, without limitation, those expressly established in
these Terms and Conditions or those arising from the invalidity or
inapplicability of any of the terms of these Terms and Conditions (in
accordance with this definition, any reference to “these Terms and Conditions”
will include any Collateral Contract).
9.9.2.
"Breach of duty" refers to the breach of (i) any obligation,
expressed or implied in the terms of a Contract, relating to reasonable
attention or ability to fulfill the Contract or (ii) any obligation of relative
common law to reasonable attention or ability to fulfill the Contract.
10. Warranty and claims
management
10.1. We will comply with the
obligations established in these Terms and Conditions with reasonable attention
and skill.
10.2. The satisfaction
of our customers is of the utmost importance, so you can contact us at all
times. Our contact details are listed in Annex I of these Terms and Conditions.
We will try
redirect your queries in a
reasonably fast way and we will inform you of any news regarding your query or
complaint.
10.3 In case of complaint, it would be helpful if you could provide us with a description as accurate as possible of the reason for your complaint and, if any, a copy of your Order or the Order number in the Confirmation Mail. If you do not receive a response within 5 business days, contact us again. On certain occasions, it may happen that your emails are automatically redirected to our spam mailbox or that you do not receive ours for the same reason.
11. Data protection
11.1. See the document
“Privacy Notice” of the Website.
12. Causes of force majeure
12.1. We are not
responsible for breaches, impediments or delays in the performance of a
Contract attributable to any cause of force majeure, including without limiting
any natural catastrophe, actions of third parties (including, but not limited
to, non-limiting, hackers, distributors , governments and local authorities,
supranational and quasi-governmental), insurrections, riots, social commotion,
wars, hostilities, bellicose operations, national emergencies, terrorism,
piracy, arrests, arrests made by the competent authorities, strikes, lockouts,
epidemics, fires, explosions, storms, floods, drought, weather conditions,
earthquakes, natural disasters, accidents, mechanical breakdowns, third-party
software, non-existence or problems with the provision of public services
(including incidents with the electricity, telecommunications or internet
supply), shortage oi Nexistence of supplies, materials, equipment or transport
(“cases of force majeure”), regardless of the possible forecast of such
circumstances.
12.2. Both parties may
terminate the Contract immediately, by written notification, in case the force
majeure does not cease within two (2) working days. In this case, neither party
will be responsible for the termination (except for the reimbursement of the
amount of a Product paid but not delivered).
12.3. In the event that
we would have committed ourselves to carry out the sending of two Orders that
contain similar or identical Products and, given the impossibility of complying
with both obligations due to force majeure, we will decide, according to our
criteria, what shipments we make and to what extent .
13. Non-payment
13.1. In the event that
you breach any of the obligations stipulated by a Contract, we may terminate
said Agreement, immediately, by written notification and withhold any amount
related to the Order you have paid in advance. In this case, you must
compensate us for damages, losses, liabilities and expenses of any nature
resulting from the termination of the Contract and pay any outstanding amount
immediately.
13.2. The termination
of the Contract will be carried out without prejudice to the accumulated rights
or resources of any of the parties and will not affect the entry or permanence
of any provision that, expressly or implicitly, is expected to enter or stay in
force after termination.
14. Notifications
14.1. Any notification
relating to a Contract will be made in writing (and delivered physically, by
certified mail, with postage paid) or by email to the corresponding party,
whose postal or email address will have been provided by this same party.
14.2. The notifications
that are sent by postal mail must have been notified with two (2) working days
prior to its shipment, provided that the sender's address is within the Spanish
territory. Notifications sent by email must have been notified upon receipt of
that email on the recipient's mail server. In order to verify the issuance of
said notification, it will be sufficient to demonstrate that the shipment has
been made to the correct address and, as the case may be, that it has been sent
by registered or paid mail.
15. Advertising on the Website
15.1. We will do
everything in our power to comply with the regulations related to the Website
stipulated by the existing publicity authorities.
16. General
16.1. We will keep a
record of your Orders and these Terms and Conditions for a maximum period of
six years from the acceptance of each Order. However, for future reference, we
recommend that you print and keep a copy of these Terms and Conditions, your
Orders, the Acknowledgment of Receipt and the Order Confirmation Mail.
16.2. No delay of the
parties in the exercise of any right stipulated by these Terms and Conditions
or by a contract will affect or represent the waiver of this or any other
right. Likewise, it will not harm the rights or resources related to said right
or modify or reduce the rights established by these Terms and Conditions or by
a contract.
16.3. If any of the
clauses of these Terms and Conditions is declared invalid or not applicable by
a court of competent jurisdiction, said invalidity or unenforceability will not
affect in any way the rest of the clauses, either in whole or in part, which
will remain in full effective provided that these Terms and Conditions or the
Contract remain in force without the clause established as unenforceable.
16.4. You will not
assign, transmit, replace, entrust, subcontract, create a trust, trust or use
these Terms and Conditions or a contract or the rights and obligations
stipulated under these Terms and Conditions or under a Contract.
16.5. None of the
points of these Terms and Conditions or of a contract will give rise or may
give rise to a partnership, an agency or an employer-employee relationship
between you and us.
16.6. No third person not
involved in these Terms and Conditions or in the contract will acquire any
right or benefit from such rights even if said third person has relied on these
Terms and Conditions or the contract or has declared their agreement with them.
17. Amendment of the General
Commercial Terms and Conditions
17.1. We reserve the
right to amend these Terms and Conditions at any time. Any amendment to these
Terms and Conditions will be published online. However, the non-interruption of
the use of the Website will imply acceptance of the new Terms and Conditions.
18. Registration on the Web
18.1. In order to place
an order on the Web and purchase any of its products, you must create a user
account (an "Account"). To register you must enter your name, zip
code and email address, in addition to other possible information. For more details,
you can consult our Privacy Policy.
18.2. Once registered
on the Website, you must indicate a username and password, which you must keep
confidential. In the event that such password reaches third parties,
unauthorized use of your Account or email is detected or a security breach is
detected, you must notify it immediately. The disclosure of the password to
third parties implies the acceptance of the authority of said third parties to
act as an agent, make use and / or conduct business with your Account. You are
solely responsible for maintaining the confidentiality of your password.
18.3. We reserve the
right to close your Account in the event that a non-Spanish user pretends to be
a Spanish user or creates problems of any nature on the Website.
18.4. During the
creation of the Account and at each subsequent login, you are offered the
possibility to request or waive the reception of informative emails (such as
newsletters, information on offers, etc.). You can unsubscribe from these
services, at any time, from your User Account.
18.5. Despite storing
all orders placed on the Website with the aim of acquiring the products
contained therein, for security reasons, you will not be allowed to access such
information directly. To do this, you must log in with your Account. Once
there, you will be able to consult the information related to your completed,
pending or sent orders, manage your address, your bank details and any
newsletter to which you are subscribed.
19. Severability
19.1. If any of these provisions is considered illegal, invalid or unenforceable by the laws of any state or country in which such provisions are considered effective, to the extent permitted by the jurisdiction and this stipulates their illegality, invalidity or unenforceability, This
provision will be divided and eliminated from the rest of the Terms of Use,
which will remain in full force and will remain binding and applicable.
20. Spanish law and jurisdiction
20.1. These Terms and Conditions will be governed and interpreted according to Spanish laws. The parties submit, at their option, for the resolution of conflicts and waiving any other jurisdiction, to the courts and tribunals of the User's domicile.