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 Introduction
These general terms and conditions of AUARA apply to the purchase of products sold by AUARA (hereinafter, the "Products") that are made through the sales portal accessed through the website "https://auara.org/" (hereinafter, the "Website").
3.2 Product information
The conditions and characteristics of each Product, as well as its availability and price, will be shown during the purchase process.
The Products are presented in accordance with legal recommendations and as accurately as possible. However, AUARA cannot guarantee an accurate representation of the Products on the Website, due, among other things, to differences in color finishes in Internet browsing software. As a result of the above, there may be discrepancies between the Products delivered and those represented on the Website.
3.3 Purchasing procedure
Conditions precedent to purchase:
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 process the order.
3. The articles offered through this Web Site are only available for shipment to Spanish national territory, except for the Canary Islands, Ceuta and Melilla.
4. The order is firm and valid, for the User, from the moment it is confirmed; and, for AUARA, from the validation of the payment and confirmation of the processing of the order that will be made by sending an email to the email address provided by the User.
5. AUARA reserves the right to refuse an order for any legitimate reason. Among other reasons, AUARA reserves the right to cancel any order or not accept a confirmed order for any of the following reasons:
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- When indications are detected that the order may be fraudulent or there is a risk to the security of the systems or of any other type.
- For lack of availability of the Product, lack of stock or if there are difficulties in the supply of the Product.
In case of unavailability of one or more of the Products ordered, AUARA will notify the User at the email address provided as soon as possible. In this case, the User may choose either to request a refund of the sums paid in relation to the unavailable product/s, or the replacement of the unavailable product/s by those of similar characteristics that have the same or higher quality, without prejudice to its right of withdrawal under the terms set out in these General Conditions.
The procedure to purchase 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 and Conditions and select "Complete and Pay" (the "Order"). AUARA will then send an email to the User confirming that the Order has been accepted (the "Shipping Confirmation"). The contract between the User and AUARA will be finally concluded once AUARA sends the User the Shipping Confirmation. Only those Products indicated in the Order will be subject to the contract.
3.4 Order Delivery
The delivery of Orders will be made at 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 result of inaccuracy or falsity of the data provided by the User for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the recipient.
No deliveries will be made on Saturdays, Sundays or holidays, nor deliveries to post office boxes.
When AUARA foresees that, for some reason, it will not be able to meet the delivery time for a particular 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 time for products purchased by the User through AUARA's website will be a maximum of 7 working days from the date of purchase actually made by the User.
Delivery is deemed to have taken place from the moment the product has been made available at the place of delivery indicated by the User or at the corresponding collection point.
3.5 Price and bid validity period
The prices indicated for each product include, unless expressly stated otherwise, Value Added Tax (VAT) or other taxes that may be applicable and are expressed in Euro currency (€).
The prices shown for each product, unless expressly stated otherwise, include the shipping costs of the product purchased.
AUARA reserves the right to modify the prices of its Products, as well as shipping and other costs, at any time without prior notice. Such change will be applicable from the time the modification is included on the Website, without being applicable to orders already placed in which other amounts were reported.
The final purchase summary will identify the Product(s) purchased and their total price, separately including shipping and any other additional charges.
In the event that AUARA publishes, by unintentional error, a Product whose retail price is manifestly wrong to that offered in the market at the time of sale, so that the existence of that error was notorious, AUARA will try to correct the error as soon as possible after becoming aware of it, and will inform the buyer at the email address provided as soon as possible in order to seek an alternative solution in that case.
Any payment made to AUARA will entail the issuance of an invoice in the name of the User who has made the purchase in the name of the individual or legal entity indicated in the "Billing Information" section. This invoice will have to be requested by the User to the email: [email protected].
For any information about the Order, the User will be able to contact the customer service telephone numbers of the logistics operator at the following numbers 902101010 or via e-mail to the address [email protected].
In any case, the Order number assigned to you and indicated in the purchase confirmation e-mail must be indicated.
Form of payment
The User may pay by credit or debit card Visa, Visa Electron, Mastercard. The charge will be made at the time AUARA sends the shipping confirmation to the User. The confidential payment data is transmitted directly and encrypted to the corresponding financial institution, ensuring the confidentiality of all information sent, both regarding the identity of the User, as well as the information of your credit or debit card.
Value Added Tax (VAT): the applicable VAT rate shall be the rate legally in force at any given time depending on the specific Product in question.
3.6. Legal right to withdraw from the purchase (return)
Right of withdrawal
Pursuant to the applicable regulations, in the event that the User is contracting as a consumer, the User may withdraw from the contract (except in the cases established by law) and freely return or exchange the Products delivered at any time within fourteen (14) calendar days from the date of delivery thereof (the "Withdrawal Period").
The right of withdrawal shall not apply in those cases in which AUARA supplies sealed Products that are not suitable for return for reasons of health protection or hygiene and that have been sealed after delivery, the buyer not being entitled in such cases to return or exchange such Products.
In order to exercise the right of withdrawal, the purchaser must send an unequivocal statement of his decision to withdraw from the purchase (the ".Request for Withdrawal") addressed to AUARA at the address indicated in Section 1 of these General Conditions (Calle Alonso Cano nº 66 1º-2B, Madrid, Spain); or by e-mail to the address indicated in Section 1 of these General Conditions ([email protected]); you may also use the form provided for this purpose, which is included as Annex 1 at the bottom of these General Conditions, completed and signed, although its use is not mandatory.
Upon receipt of the cancellation request, AUARA will communicate by e-mail acknowledgement of receipt of the cancellation.
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 Product returns or exchanges will be accepted. Exchanges will only be accepted for those Products that could have been defective in accordance with the provisions of the following section.
Return or replacement of products
In the event that the User decides to cancel or return an order, he/she must contact AUARA immediately via email to the contact address [email protected] providing the details of the Product, as well as informing whether you choose to return or replace it with an identical Product.
The User may return the Products, at the place where they were delivered, to a courier that AUARA will send or return the Product by their own means. Once the relevant inspection of the returned Product has been carried out, AUARA will send, within a reasonable period of time, an email to the User informing him/her whether the Product is to be returned or replaced (the "Return or Replacement Decision"). In such case, the return or replacement of the Product will be made as soon as possible and, in any case, within fourteen (14) calendar days from the date of sending the Return or Replacement Decision.
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.
If the cancellation of the order occurs while the order is pending or in preparation and the User has to pay shipping costs, they will be refunded together with the cost of the order.
If the cancellation of the order occurs while the order is in delivery or if the order has already been delivered to the User and he/she decides to return it, we refer to the provisions of the following paragraph.
Return and/or exchange policy
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:
(i) In order to organize the collection of the Product, the User must previously send AUARA an e-mail to the following address [email protected]The "Withdrawal Request", which is delivered with the Order, must be duly filled in.
(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;
(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
(iv) The return shall be made in the same means of payment as the user used to pay the product.
AUARA will reimburse the corresponding sums paid, including delivery costs (unless the User retains any of the Products ordered from AUARA or has selected a more expensive delivery method, in which case, only the cost of the standard delivery offered will be refunded), deducting, in the event that the User has requested AUARA to collect the Products, the return and transport costs associated with it that will be borne by the User (AUARA will duly inform the User of the amount of such costs), without undue delay and, in any case, within a maximum period of fourteen (14) calendar days from the date on which the exercise of the right of withdrawal is communicated. AUARA will proceed to make such reimbursement using the same means of payment used by the User for the initial transaction, unless it has expressly provided otherwise; in any case, it will not incur any costs as a result of the refund. Notwithstanding the foregoing, AUARA may withhold reimbursement until it has received the goods, or until the User has provided proof of the return of these, whichever condition is met first.
3.7 Nullity and ineffectiveness of clauses
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall subsist in all other respects, and such provision shall be considered totally or partially as not included.
3.8 Refusal to process an Order and force majeure
Although AUARA will do its best to always process all Orders, there may be exceptional circumstances that require AUARA to refuse to process any Order after having sent the Shipping Confirmation, AUARA reserves the right to do so at any time, at its sole discretion.
In case of force majeure that prevents or delays the delivery of the Product or Products or that produces any other total or partial breach of these General Conditions, it will be brought to the attention of the buyer with the proposal of a new date of delivery of the Product or performance, without any liability for AUARA.
Force majeure shall mean any event that prevents the delivery of the Order for reasons beyond the control of either party, including, but not limited to, a cyber-attack, strike, war, riot, fire, flood or other natural catastrophe, shortage or impossibility of supply of materials or raw materials, or any disruption of electronic communications networks, unavoidable accident, restrictions ordered by public authorities, epidemic, pandemic (such as viruses that are widespread in either party's jurisdiction, SARS, MERS, Covid-19, etc., etc.), and the consequences thereof, including, without limitation, the following, including, but not limited to, the following and its consequences, including, without limitation: personnel shortage caused by illness, imposition of no travel/no work policies, self-isolation policies or similar ordered by any public authority; including both own and subcontracted personnel) and, in general, any other event that prevents or hinders in a relevant way the regular fulfillment of the conditions derived from analogous situations, without AUARA being held responsible for the cases previously indicated nor should it assume any compensation in this regard.
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.
3.9 Product Warranty
Both those warranties recognized to consumers in the regulations in force at any time, as well as any other commercial warranty granted directly by the manufacturer of the product being purchased, which will be reported, including its terms and conditions, in the documentation attached to the Product, shall be applicable.
AUARA will be responsible for the lack of conformity of its Products that exist at the time of delivery and are manifested within three years from delivery in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
The Products shall be deemed to be in conformity with the General Conditions provided that they comply with all of the requirements set forth below:
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 to which the Products of the same type are normally put.
3. Are suitable for any special use required by the User when the User has made it known to AUARA, provided that AUARA has admitted that the Product is suitable for such use.
4. They present the usual quality and performance of a product of the same type that 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.
The warranty does not include deficiencies caused by negligence, blows, improper use or manipulation, unsuitable voltage, electrical accidents, installation, use not in accordance with the instructions for use or any loss or damage suffered by the Products that were not attributable to any breach on your part, damage caused by third parties that are not linked to AUARA, nor does it include materials or perishable Products, subject to wear due to normal use or because they are consumable.
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.
3.10 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.
3.11 Data protection
In compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC, it is reported that the purchase process is carried out before AUARA EMPRESA SOCIAL, S.L., being this the entity Responsible for the Processing of Users' data.
The User can find more information on the processing of personal data and on the exercise of his rights in the section entitled Privacy Policy and Cookies.
3.12 Disclaimer of liability
AUARA disclaims all liability relating to:
1. The operation of the Website, including causes of force majeure, or any others beyond the control of AUARA, which is not fully operational, or eventually lacks the minimum functionality to manage the relevant service.
2. The possible errors or security deficiencies that may occur due to the use, by the Users, of a browser of an outdated or insecure version, as well as the activation of the devices for the conservation of passwords or identification codes of the User registered in the browser or the damages, errors or inaccuracies that may result from the malfunctioning of the same.
3. For direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site 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, incidental or consequential damages, losses or expenses arising in connection with this Web Site or its use or inability to use by any 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 will be liable for damages of any nature for illegal or fraudulent acts as well as those damages that AUARA or its Users may suffer as a result, directly or indirectly, of the breach by the User of these General Conditions, reserving AUARA those actions to which it is entitled 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.
3.13 Modifications
These conditions document the acquisition by the User of the Products sold by AUARA, constitute the express and sole will of AUARA and the User in relation to its object and invalidate and replace any other agreements or contracts, verbal or written, reached by the parties previously.
AUARA has the right to review and modify these General Conditions at any time. The User will be subject to them at the time of acceptance, 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.
3.14 Contact and written communications
Applicable regulations require that part of the information or communications that AUARA sends to the User be in writing. By accepting these Terms and Conditions, the User agrees that most communications with AUARA will be electronic. AUARA will contact the User via email or by posting notices on the Website. The User consents to use this electronic means of communication and acknowledges that all notices, information and other communications that AUARA sends 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].
3.15 Applicable law and competent jurisdiction
These Conditions are governed by Spanish law.
The resolution of conflicts or disputes shall be submitted to the Courts and Tribunals 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 November 16, which approves the revised text of the General Law for the Defense 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.
In any case, in compliance with our duty of information, we inform you that, in relation to the Online Dispute Resolution in Consumer Matters, in accordance with the provisions of Art. 14.1 of Regulation (EU) 524/2013, the European Commission makes available to you an online dispute resolution platform which is available at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
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.