Conditions of purchase

 

CONDITIONS OF PURCHASE OF THE ONLINE SHOP OF BERGAMOTA AROMAS S.L.

 

1.OBJECT:

 

1.1. These are the Conditions (hereinafter, Conditions) that regulate the access, purchase and delivery of the products offered in the online shop of bergamotashop.com (hereinafter, Online Shop).

1.2. The ownership of the Online Shop belongs to BERGAMOTA AROMAS S.L., constituted in public deed granted on 16/09/2014, before the Notary Public D. Segismundo Alvarez Royo-Villanova_, of Madrid, with the order number of his protocol 2014/2964/N/16/09/2014, Commercial Register of MADRID Volume 32.659, Folio 40, Section 8, Page M-587881, with address in Madrid, calle Serrano, 222, 1º Izquierda, with CIF number B87089462.

1.3. It is understood that the access, the purchase of products or the mere use of the Online Shop by the user implies the full and unreserved adherence of the user to each and every one of the General Conditions that BERGAMOTA AROMAS S.L. has published at each moment in which the user accesses the Online Shop.
1.4. Each order placed in the Online Shop is governed by the general conditions applicable to the date of the order.

 

2.PRODUCTS:

2.1. The photographs relating to the products contained in the Online Shop are intended to provide truthful information about the products, although they are not exhaustive in nature.
2.2. Product offers are valid as long as stock is available. Upon receipt of the order validated by the Buyer, BERGAMOTA AROMAS S.L. will verify the availability of the products ordered.
2.3. In the event of temporary unavailability of the product, BERGAMOTA AROMAS S.L. reserves the right to provide you with information about replacement products of equal or superior quality and value which you may order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount you may have paid, cancelling the order.
2.4. In case of cancellation of the order, a cancellation email will be sent to the Buyer. In the event of a payment by Paypal, the sums paid will be re-credited within thirty days, either to the Paypal account which allowed the purchase, or reimbursed to the Buyer’s bank card.
2.5. The temporary unavailability or definitive depletion of stock of a product which is the object of an order shall not have any consequence on the processing and delivery of the rest of the order.

 

ORDERS:

 

3.1. The information contained in these General Conditions and the details contained in the Online Shop do not constitute an offer to sell, but an invitation to contract. No contract will exist between the user and BERGAMOTA AROMAS S.L. in relation to any product until your order has been expressly accepted by the latter. If your offer is not accepted and a charge has already been made to your account, the amount of the same will be refunded in full.
3.2. Only those products listed in the shipping confirmation will be subject to the Contract. BERGAMOTA AROMAS S.L. shall not be obliged to supply you with any product which may have been the object of an order until the shipment of the same has been confirmed in a shipping confirmation. The placing of an order implies the acceptance of the present General Conditions as well as the prices of the products and articles available for sale in the Online Shop.
3.3. To place an order, the buyer may:
– either register with the Online Shop by filling in the relevant data forms, which will allow him/her, on the one hand, to place subsequent orders without having to fill in the forms again prior to placing the order and, on the other hand, to track all his/her orders;
– or to make one or more purchases from the Online Store without registering with the Online Store.
In any case, the buyer must necessarily fill out a form, which will collect the data necessary for the order to be registered and sent, and accept the Privacy Policy and the General Terms and Conditions of purchase of the online shop.
3.4. The order will be processed in five stages: User identification, Invoice and shipping details, Type of shipment and method of payment, Confirmation of the order and shipment of the order.
3.5. To place an order, you must follow the procedure described above and click on “Accept” the payment. Once payment has been authorised, the buyer will receive an email acknowledging receipt of his order (the “Order Confirmation”). Receipt of this email does not mean that your order has been accepted, as it constitutes an offer made by the client to BERGAMOTA AROMAS S.L. to purchase one or more products. All orders are subject to the acceptance of the latter, of which you will be informed through an email confirming that the product is being shipped (the “Shipping Confirmation”). The contract for the purchase of a product between both parties will only be formed when the Shipping Confirmation is sent to you.
3.6. At any time, the Purchaser who has placed an order may obtain information on the tracking of his order in the Online Shop, in the section Consult your order, identifying himself with his e-mail address and password, in the event that he is a registered user, or by entering his e-mail address and order number in the boxes provided for this purpose.

3.7. BERGAMOTA AROMAS S.L. reserves the right to withdraw any product from this website at any time and to remove or modify any material or content of the same. Although every effort will be made to always process all orders, there may be exceptional circumstances that require the refusal to process an order after sending the Order Confirmation, so BERGAMOTA AROMAS S.L. reserves the right to do so at any time, at its sole discretion. BERGAMOTA AROMAS S.L. shall not be liable to the user or any third party for the removal of any product from this website, regardless of whether said product has been sold or not, the removal or modification of any material or content of the website, or the refusal to process an order once the Order Confirmation has been sent.

 

PRICE AND PAYMENT

4.1. Bank card: The Buyer may pay by Visa, Visa Electron, Mastercard, American Express, Euro 6000 and PayPal. When confirming his order, the Buyer shall provide his bank card number, followed by the type of card in question (among those accepted in the Online Shop), its expiry date and the three-digit cryptogram on the back of the card. The bank card will be charged within two days of the order confirmation.
This validation is equivalent to the signature and express acceptance of all transactions carried out in the Online Shop. The card number provided by the Buyer and the validation of the purchase shall be valid as proof of the completeness of the order and of the enforceability of the sums due in execution of the said order.
The Online Shop server is encrypted and all data transmitted is encoded in order to prevent fraud. The bank details transmitted by the Buyer are confidential and are transmitted in a secure environment (SSL protocol). Bank card details are not stored on the servers of the Online Shop but on those of a bank.
Credit cards will be subject to checks and authorisations by the issuing bank, but if said bank does not authorise payment, BERGAMOTA AROMAS S.L. cannot be held responsible for any delay or non-delivery and no contract can be formalised with the Buyer.
4.2. Paypal: The Buyer who wishes to make the payment through his Paypal account, must enter his email address linked to his Paypal account and his Paypal password at the time of validation of the order.
Paypal encrypts all the data that the Buyer has communicated to it when he created his account. Thus, no data other than the Buyer’s email address will be communicated to BERGAMOTA AROMAS S.L. Financial and personal data will be automatically encrypted during the sending of all sensitive information to the Paypal servers.
4.3. BERGAMOTA AROMAS S.L. will remain the owner of the product until full payment. BERGAMOTA AROMAS S.L. reserves the right to refuse to make a delivery or confirm the order of a Client who has not paid all or part of a previous order or with whom there is an ongoing dispute.

4.4. The price of each product will be that which is stipulated at all times in the Online Shop, except in the event of a manifest error in the indication of the same. BERGAMOTA AROMAS S.L. always tries to ensure that all prices appearing in the Online Shop are correct, but nevertheless, errors may occur. If BERGAMOTA AROMAS S.L. observes an error in the price of any of the products that the Buyer has ordered, he/she will be informed as soon as possible and will be given the option of reconfirming his/her order at the correct price or cancelling it. If the Buyer cannot be contacted, the order will be considered cancelled and the amounts paid will be reimbursed in full.
4.5. BERGAMOTA AROMAS S.L. shall not be obliged to supply any product at the incorrect lower price (even after having sent the Shipping Confirmation to the Buyer), if the error in the price is obvious and unequivocal and could have been reasonably recognised by the Buyer as an incorrect price.
4.6. The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in the Online Shop.
4.7. Prices may change at any time, but (save as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

DELIVERY

5.1. When placing an order, the Buyer must indicate the place where he wishes to receive his order. Orders are delivered to the address given by the Buyer when placing the order. If the Purchaser is absent, a delivery notice will be left in the Purchaser’s mailbox. BERGAMOTA AROMAS S.L. will not be held responsible for the delivery of a package to the wrong address, if this error results from the indications provided by the Buyer when placing the order.
5.2. For each order, a price will be charged to the Buyer for the costs of treatment and transport. These costs will be indicated before the order is confirmed and payment is made and will vary depending on the country of delivery, the quantity of products in the order and the mode of transport chosen.
5.3. Without prejudice to that established in the second clause regarding the availability of the products, and except in cases of force majeure or fortuitous events beyond the control of BERGAMOTA AROMAS S.L., orders will be delivered to the Purchaser within the periods indicated in the corresponding Confirmation of Dispatch or, if no delivery date is specified, within 15 days from the date of the Confirmation of Dispatch.
5.4. If, for whatever reason, BERGAMOTA AROMAS S.L. is unable to meet the delivery deadline, the Purchaser will be informed of this circumstance and will be given the option of continuing with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
5.5. If after two attempts we are unable to deliver your order to the address provided, we will try to find a safe place to leave it. A notice will also be left for you indicating the location of your order and how to pick it up. If the Buyer is not going to be at the place of delivery of the order at the agreed time, he is kindly requested to contact us to arrange delivery on another day.
5.6. In any case, to collect the order, the Purchaser shall have a period of 30 days from the date of Confirmation of dispatch. If after this period, the Buyer has not collected his order, it shall be understood that he wishes to withdraw from the Contract and it shall be deemed to be terminated. As a consequence of the termination of the Contract, the price paid for such products shall be refunded as soon as possible and, in any case, within a maximum period of 30 days from the date of termination of the Contract as set out in this clause.

 

LIABILITY

6.1. BERGAMOTA AROMAS S.L. accepts no responsibility for delays in the delivery of orders due to events of force majeure and in particular in cases of total or partial strikes of transport services.
6.2. BERGAMOTA AROMAS S.L. shall not be held responsible for any inconvenience or damage related to the use of the Internet network that are totally unrelated to BERGAMOTA AROMAS S.L.
6.3. The liability of BERGAMOTA AROMAS S.L. in relation to any product purchased on the website will be strictly limited to the purchase price of said product.
6.4. To the extent permitted by current legislation, and without prejudice to the fact that these Conditions of Sale may establish otherwise in some cases, BERGAMOTA AROMAS S.L. shall not accept any liability for the following losses, regardless of their origin:

loss of business;
loss of profits or loss of contracts;
loss of income or sales;
loss of anticipated savings;
loss of management time or office hours;
loss of data.

6.5. All product descriptions, information and materials contained in the Online Shop are provided as a true body and without express or implied warranties about them. To the extent permitted by law, all warranties are excluded, except for those that cannot be legitimately excluded vis-à-vis consumers and users. The provisions of this clause shall not affect the legal rights as a consumer and user, nor the right to withdraw from the Contract.

 

EXCHANGES, REFUNDS AND RETURNS

7.1. If for any reason the Buyer is not satisfied with his order, he will have 15 days from receipt of the order to return or exchange it. Returns or exchanges will only be accepted through the Online Store. Communicating it by email.
7.2. In the case of return of the entire order by the Buyer, the Buyer shall be entitled to a full refund of the amount of the order and the shipping costs of the delivery of the order, but not the return shipping costs.
7.3. No returns will be accepted more than thirty days after delivery of the order. No freight collect shipments will be accepted. Returned orders must include the purchase invoice, must be in perfect condition and in their original packaging. Used or damaged products or products without their original packaging will not be reimbursed.
The delivery address will be the following:

BERGAMOTA AROMAS S.L.

Calle Serrano 222, 1ºB

C.P 28016 Madrid.
7.4. The Buyer may cancel his order as long as it has not been dispatched. If the order has left the warehouses of BERGAMOTA AROMAS S.L., it cannot be cancelled, but it can be returned once it has been received.
7.5. The Buyer may choose, once the order has been received, to change a product of the same, without waiting for its return and reimbursement to be processed. If the new order is for a lower price than the initial price, the Purchaser’s bank card will be credited for the difference between the quantity of the products returned and the quantity of the products and articles subject to a new order, minus the flat-rate price of the shipping costs of the new order.

INTELLECTUAL PROPERTY

8.1. BERGAMOTA AROMAS S.L. is the owner or licensee of the rights of exploitation of intellectual and industrial property of the Web and of the contents available through the same. Under no circumstances shall it be understood that the fact of allowing Users access to the Website implies a waiver, transmission, licence or total or partial transfer of said rights on the part of BERGAMOTA AROMAS S.L.

WRITTEN COMMUNICATIONS

9.1. The applicable regulations require that part of the information or communications sent to you be in writing. By using this online Shop, the Buyer accepts that most of these communications with BERGAMOTA AROMAS S.L. will be electronic. Contact with the buyer will be by e-mail or information will be provided by posting notices in the online shop. For contractual purposes, the Buyer consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically comply with the legal requirements of being in writing. This condition shall not affect the rights recognised by law.

PERSONAL DATA

10.1. The information or personal data provided by the Buyer will be treated in accordance with the provisions of the Privacy Policy of the Online Store. By using this website the Buyer consents to the processing of such information and data and declares that all information or data provided by the Buyer is truthful and corresponds to reality.

 

APPLICABLE LEGISLATION

These General Conditions are subject to Spanish law. Any discrepancy in relation to the object of the present General Conditions shall be subject to the jurisdiction of the Courts and Tribunals of Madrid.
The present General Conditions concluded between BERGAMOTA AROMAS S.L. and the Buyer express the integrity of the rights and obligations of the parties.