General terms and conditions

1. GENERAL INFORMATION

GENERAL CONDITIONS OF USE

These General Conditions of Use (hereinafter, "General Conditions") govern the User's access to and use of the Website www.auara.org (hereinafter, "the Website"). By accepting these General Conditions, the User declares:

a. Who has read, understands and understands what is stated here.

b. Who assumes all the obligations set forth herein.

The use of the Web Site attributes the condition of User of the Web Site (hereinafter, "the User") and implies the acceptance of all the terms included in these General Conditions.

The owner of the Website reserves the right to make, at any time and without prior notice, any modification or update of its contents and services, of these General Conditions and, in general, of any elements that make up the design and configuration of the Website. For this reason, it is the User's responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable, or in the absence of such orders, at the time of use of the web page will be those that are applicable to him/her.

1. General Information about the Website

The information and sale of articles through this web page is carried out under the name of AUARA, and in accordance with the law, the general information of the Web Site is offered:
Owner: AUARA EMPRESA SOCIAL, S.L. (hereinafter referred to as "AUARA").
Registered office: Calle Alonso Cano nº 66 1º-2B, Madrid, Spain.
C.I.F.: B87237020
E-mail: [email protected]
Phone: 911375148
Registration data: registered in the Mercantile Registry of Madrid in Volume 33274, Folio 31, Section GNE, Sheet number 598780 and Inscription 1.

2. Conditions of Use

2.1. Access to the Web Site
Access to the Website is free except for the cost of connection through the telecommunications network provided by the access provider contracted by the User.

2.2. Data protection
AUARA declares that it complies with current legislation relating to Data Protection, in particular with Organic Law 15/1999, of 13 December, on the Protection of Personal Data, as well as with Royal Decree 1720/2007 of 21 December, approving the Regulations implementing Organic Law 15/1999, of 13 December, on the Protection of Personal Data.

The User declares that all the information provided is true, complete and precise and in accordance with the Organic Law on Data Protection and expressly authorises AUARA to enter in a file the personal data appearing in the forms filled in as user and/or purchaser on the website.

The person responsible for the file is the commercial entity AUARA EMPRESA SOCIAL, S.L., and for the purposes of exercising the rights of access, cancellation, rectification or opposition provided for in Law 15/1999 of 13 December on the Protection of Personal Data, the following address is made available to all users: [email protected]

Users who wish to exercise the aforementioned rights must send a written request to the postal address indicated above, attaching a photocopy of their ID card.

The sending and forwarding of data carried out by the User through the Web is protected by the necessary technical and organizational measures depending on the level of security applicable to the data being processed. Likewise, the data supplied and stored in our databases are also protected by security systems that prevent unauthorized access to them by third parties.

2.3. Rules of use of the Website
The User undertakes to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions. Likewise, it is obligated to make adequate use of the services and/or contents of the Web Site and not to use them to carry out illicit or criminal activities that violate the rights of third parties and/or infringe the regulation on intellectual and industrial property, or any other norms of the applicable legal system.

The User undertakes not to transmit, introduce, disseminate and make available to third parties any type of material and information (data, content, messages, drawings, sound and image files, photographs, software, etc.) that are contrary to law, morality, public order and these General Conditions. By way of illustration, and in no case limited or exclusive, the User undertakes to:

I.- Not to introduce or disseminate content or propaganda of a racist, xenophobic, pornographic or apology of terrorism or that violates human rights.

II.- Not to introduce or disseminate in the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its suppliers or third party Users. of the Internet network.

III.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates fundamental rights and public freedoms recognized constitutionally and in international treaties.

IV.- Not to disseminate, transmit or make available to third parties any type of information, element or content that constitutes illicit or unfair advertising.

V.- Not to transmit unsolicited or unauthorized advertising, advertising material, "junk mail", "chain letters", "pyramid structures", or any other form of solicitation, except in those areas (such as commercial spaces) that have been exclusively designed for this purpose.

VI.- Not to introduce or disseminate any false, ambiguous or inaccurate information or content in a manner that misleads the recipients of the information.

VII.- Not to impersonate other Users using their registration keys to the different services and/or contents of the Web Site.

VIII.- Not to disseminate, transmit or make available to third parties any type of information, element or content that involves a violation of intellectual and industrial property rights, patents, trademarks or copyright corresponding to the owners of the Website or third parties.

IX.- Not to disseminate, transmit or make available to third parties any type of information, element or content that violates the secrecy of communications and personal data legislation.

The User undertakes to hold AUARA harmless from any possible claim, fine, penalty or sanction that it may be obliged to bear as a consequence of the User's failure to comply with any of the aforementioned rules of use, and AUARA also reserves the right to request the corresponding compensation for damages.

2.4. Exclusion of Liability
AUARA assumes no responsibility for updating this Website to keep the information up to date, nor does it guarantee that the information published is accurate or complete.

Therefore, the User must confirm that the information published is accurate and complete before making any decision related to any service or content described on this Web Site.
The User's access to the Website does not imply for AUARA the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, the availability of suitable tools for the detection and disinfection of harmful computer programs.
AUARA shall not be liable for any damage caused to the software and computer equipment of Users or third parties during the use of the services offered on the Website.
AUARA shall not be liable for any damages of any kind caused to the User that may result from failures or disconnections in the telecommunications networks that result in the suspension, cancellation or interruption of the service of the Website during the provision of the same or in advance.

2.5. Content and services linked through the Web Site
The Web Site access service includes technical linking devices, directories and even search tools that allow the User to access other pages and Internet Portals (hereinafter, "Linked Sites"). In these cases, AUARA shall only be responsible for the contents and services provided on the Linked Sites to the extent that it has effective knowledge of the illegality and has not deactivated the link with due diligence. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, he or she may notify AUARA, without this communication in any case entailing the obligation to remove the corresponding link.
In no case should the existence of Linked Sites presuppose the formalisation of agreements with the people in charge or owners of the same, nor the recommendation, promotion or identification of AUARA with the manifestations, contents or services provided.

AUARA is not aware of the contents and services of the Linked Sites and, therefore, is not liable for damages caused by the illegality, quality, non-updating, unavailability, error and uselessness of the contents and/or services of the Linked Sites or for any other damage that is not directly attributable to AUARA.

2.6. Intellectual and industrial property
All the contents of the Web Site, understood as including, but not limited to, texts, photographs, graphics, images, icons, technology, software, links and other audiovisual or sound contents, as well as their graphic design and source codes, are the intellectual property of AUARA or of third parties, and none of the exploitation rights recognised by current legislation on intellectual property over them may be understood to have been transferred to the User.

Trademarks, trade names or distinctive signs are the property of AUARA or third parties, and access to the Website may not be construed as conferring any right over them.

2.7. Use of Cookies
The Website uses cookies in order to provide certain services and functions, as well as to help users improve their online experience. More information can be found in our Cookie Policy. http://www.auara.org/privacidad-cookies/)

2.8. Third-party electronic commercial communications
The User, by ticking the box (I agree to receive commercial communications.), expressly and freely and unequivocally accepts that his/her personal data may be processed by AUARA for the following purposes:

Remission of commercial communications via e-mail, fax, SMS, MMS, social communities or any other electronic or physical means, present or future, that enables commercial communications.

3. Terms and Conditions

3.1 Purchase procedure
Prerequisites:

  1. By placing an order through this website, the User declares to be of legal age and to have the legal capacity to enter into contracts.
  2. If the User does not provide us with all the information we need, we will not be able to place the order.
  3. Items offered through this website are only available for shipment to Spanish national territory, except Canary Islands, Ceuta and Melilla. All orders are subject to product availability. In the event of difficulties in the supply of products or if there are no items left in stock, we will refund any amount you may have paid.

The procedure for purchasing AUARA products through the Website is as follows: To order Products, the User must follow the purchase procedure established on the Website, read and accept these Terms of Use and select "Finish and Pay" (the "Order"). AUARA will then send an email to the User confirming that the Order has been accepted (the "Shipment Confirmation") The contract between the User and AUARA will finally be formalized once AUARA sends the Shipment Confirmation to the User. Only the Products indicated in the Order will be the object of the contract.

3.2. Delivery of orders
Orders will be delivered to the delivery address freely designated by the User. AUARA will not assume any responsibility when the delivery of the product or service does not take place as a consequence of the inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be carried out for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the addressee.

When AUARA foresees that, for some reason, it will not be able to comply with the delivery time corresponding to a specific order, it will promptly inform the User, who may choose to recover the price paid within a maximum period of 14 working days. The delivery period for products purchased by the User through the AUARA website shall be a maximum of 7 working days from the date of actual purchase by the User.

3.3. Price and period of validity of the offer
The prices indicated for each product include, unless expressly indicated otherwise, Value Added Tax (VAT) or other taxes that may be applicable and shall be expressed in Euro currency (€).

The prices shown for each product, unless expressly stated otherwise, include the shipping costs of the product purchased.

Any payment made to AUARA will entail the issue of an invoice in the name of the User who has made the purchase in the name of the natural or legal person indicated in the section "Invoicing Information". This invoice will have to be requested by the user to the email: [email protected].

For any information about the order, the User will have the customer service telephone numbers of the logistics operator 902 10 10 10 or via e-mail to the following address [email protected].

In any case, you must indicate the order number that was assigned to you and indicated in the email confirming the purchase.

Form of payment

The user can make the payment by credit or debit cards visa, Visa Electron, Mastercard,. To minimize the risk of unauthorized access, the user's credit card data will be encoded. Whether the form of payment is made by credit or debit card, the charge will be made at the time that AUARA send the confirmation of shipment to the user.

  1. Value Added Tax (VAT)
  2. The applicable VAT rate shall be the one legally in force at any time depending on the particular product in question.

3.4. Legal right to withdraw from the purchase (return)

Right of withdrawal
According to the applicable regulations, in the event that the User is contracting as a consumer, he may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within a period of fourteen (14) calendar days from the date of delivery of the same (the "Withdrawal Period").

To this end, the User must inform AUARA of the exercise of its right of withdrawal by completing and sending the "Withdrawal Request" which is sent together with the Order or by returning the Products.

In the event that the User does not decide to make an exchange, AUARA will reimburse the User the amount of the Product together with the shipping costs within the legally established deadlines.

It is also expressly provided that the User shall bear the direct costs of returning the Products and shall be liable for any decrease in the value of the goods returned due to the handling of the goods (except where such handling is necessary to ascertain the nature, characteristics and functioning of the goods).

Once the Withdrawal Period has elapsed, no changes or returns of Products will be accepted. Changes will only be accepted for those Products that may have been defective in accordance with the provisions of paragraph 4.2 below.

Return or replacement of defective products
In the event that the User considers that the Product does not conform to the specifications established for such Product, he/she should contact AUARA immediately via email to the contact address [email protected] providing the details of the Product, as well as informing of the defect and whether you choose to return or replace it with an identical Product.

The user may return the products, in the place where they were delivered, to a courier that AUARA will send or return the product by its own means. Once the relevant inspection of the returned product has been carried out, AUARA will, within a reasonable time, send an e-mail to the user informing them of the return or replacement of the product (the "Return or replacement decision"). In this case, the return or replacement of the product shall be made as soon as possible and, in any case, within fourteen (14) calendar days following the date of dispatch of the decision to return or replace.

In the event of the return or replacement, AUARA shall reimburse the user in full the price of the product including shipping charges, in any case, within fourteen (14) days of the return or replacement decision. If the user has opted for substitution, AUARA will run with all shipping costs.

Provisions common to returns
The user must fulfil the following requirements to make use of the right of withdrawal, as well as to be able to make returns and replacement of products:

  1. In order to arrange for the collection of the Product, the User must previously To exercise this right, the User must send AUARA an e-mail addressed to [email protected]The "Withdrawal Request", which is delivered with the Order, must be duly filled in.
  2. (ii) The user may certify the exercise of the right of withdrawal in any form admitted in law, considering in any case validly exercised by the return of the product;
  3. (iii) The product must be returned in the same condition as in which it was received. AUARA will not reimburse any amount if the product has suffered any damage, so the user must be careful with the product while in possession; And
  4. (iv) The return shall be made in the same means of payment as the user used to pay the product.
Nullity and ineffectiveness of clauses

If any clause included in these General Conditions were to be declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect said provision or the part of the same that is null or ineffective, the present General Conditions subsisting in everything else, such provision being considered totally or partially not included.

Applicable law and competent jurisdiction

These General Conditions shall be governed by or interpreted in accordance with Spanish law. AUARA and the User, expressly waiving their own jurisdiction and all other jurisdictions, shall resolve any conflict arising from or related to these General Conditions before the Courts and Tribunals of the city of Madrid, Spain. However, in those cases in which the User is considered a consumer, as established in article 3 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, AUARA will expressly submit to the jurisdiction of the courts that are competent according to the legislation in force at any given time.

Refusal to Process an Order
Although AUARA will do its best to always process all Orders, there may be exceptional circumstances that force you to reject the processing of any Order after having sent the Confirmation of Shipment, so AUARA reserves the right to do so at any time, at its sole discretion.

AUARA reserves the right to remove any Product from the Website at any time and to remove or modify any material or content from the Website, and shall not be liable to the User or any third party for removing any Product from the Website, regardless of whether such Product has been sold or not, to remove or modify any material or content from the Website.

Product Warranty

All products contained in the website are original AUARA. All of them have a guarantee of two (2) years according to the criteria and conditions described in the Royal Legislative Decree, 1/2007, of 16 November, by which approves the consolidated text of the General Law for the defense of the consumers and users and other law It's complementary.

The products shall be deemed to conform to the conditions of use provided that they comply with all the requirements as stated below:

  1. They conform to the description made by AUARA and possess the qualities of the product that AUARA has presented to the user in the form of a sample or model.
  2. are suitable for the uses which ordinarily target products of the same type.
  3. are suitable for any special use required by the user when he has made it known to AUARA, provided that AUARA has admitted that the product is suitable for such use.
  4. Present the standard quality and performance of a product of the same type as the user can expect, taking into account the nature of the product.

In the event of being tested that the product does not conform to the established specifications, AUARA will proceed, where appropriate, to the repair, replacement, price decline or resolution of the contract being such free management for the user.

AUARA is not responsible for damage to products that may result from misuse, as well as acts or omissions of the user that do not conform to the specifications of each product or damages caused by third parties that are not linked to AUARA.

AUARA puts the utmost care in carrying out the presentation and description of the products. However, the photographs of the products are presented in an illustrative manner. To know the precise characteristics of each product, you must check the corresponding descriptive data that accompanies each product.

Links to third party websites
The links contained in the Website, referring to advertising or other content, and whose ownership or responsibility corresponds to third parties other than AUARA, are not the responsibility of AUARA, who in no case undertakes to control or approve the services, content, data, files, products and any kind of material on the third-party website or websites. Therefore, AUARA will not respond, under any circumstances, to the legality of the contents of said page(s), being the exclusive responsibility of the third party everything that concerns the content of that link, especially respect for the law, moral, good customs and public order. The existence of links does not presuppose a relationship of any kind between AUARA and the owner of the website on which it is established.

Disclaimer of liability
AUARA disclaims all liability relating to:

  1. The operation of the Web Site, including causes of force majeure, or any other causes beyond the control of AUARA, which is not fully operational or which may not have the minimum functionality to manage the relevant service.
  2. The possible errors or deficiencies of security that could take place by the use, on the part of the Users, of a navigator of a version not updated or insecure, as well as by the activation of the devices of conservation of passwords or codes of identification of the User registered in the navigator or of the damages, errors or inaccuracies that could derive from the bad operation of the same one.
  3. For any direct or indirect damages that may be caused by the information transmitted or communicated on the Website or in its electronic communications, including but not limited to technical or human errors in the published data.
  4. Damages, including but not limited to: direct or indirect, inherent or consequential damages, losses or expenses, arising in connection with this Web Site or its use or inability to be used by either party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or system or line failure.

The User shall be liable for damages of any kind due to illicit or fraudulent acts, as well as those damages that AUARA or its Users may suffer as a direct or indirect consequence of the User's non-compliance with these Conditions of Use. AUARA reserves the right to take any action before the relevant judicial or police authorities.

Although AUARA uses its best efforts, it cannot guarantee Users continued and uninterrupted access to and use of its Web Site.

Modifications
AUARA has the right to revise and modify these Terms of Use at any time. The User will be subject to the same at the time he accepts them, unless by law or decision of government agencies AUARA must make changes retroactively, in which case the possible changes will also affect the Orders that the User had previously requested.

Contact and written communications
The applicable regulations require that part of the information or communications that AUARA sends to the User be in writing. By accepting these Conditions of Use, the User accepts that most communications with AUARA are electronic. AUARA will contact the User by e-mail or by posting notices on the Website. The User consents to use this electronic means of communication and acknowledges that all notifications, information and other communications that AUARA sends him/her electronically comply with the legal requirements of being in writing.

For any consultation or incident related to the Orders, the User must contact AUARA by sending an e-mail to the following address [email protected].

Jurisdiction and applicable law
The operation and use of the Website and these Conditions of Use are governed by Spanish law. To the extent permitted by law, AUARA and the User, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Madrid (Spain).

ANNEX 1
Model Withdrawal Form

(you only need to complete and return this form if you wish to withdraw from the contract and return the goods purchased)

For the attention of AUARA EMPRESA SOCIAL S.L., acting under the trade name AUARA, domiciled at Calle Alonso Cano nº 66 1º-2B, 28003, Madrid, Spain and e-mail address [email protected]

I hereby inform you that I am terminating my contract for the sale of the following property:

  • Ordered on/received on (*):
  • Name of the consumer:
  • Consumer's address:
  • Consumer signature (only if this form is submitted on paper)
  • Date

Please attach a photocopy of the buyer's ID and proof of delivery to the AUARA offices of the product to which you wish to return and desist from your purchase.