TERMS AND CONDITIONS
1. Parties identification
As set in the Article 10.1 of the Law 34/2002, July the 11th, Information Services Society and E-Commerce, we indicate a details of title holder of the website www.avarcas.com:
Through the present legal notice the website and its title holder will be referred either as "AVARCAS.COM" and "AVARCAS MENORQUINAS".
You (from this point forward "customer" or "the Customer") by entering www.avarcas.com and sending an order form or signing up as a Customer on our website grant your consent to all content of the present purchase conditions published during your acceptance. These purchase conditions as a contract between the Customer and AVARCAS.COM, involving the compliance by both parties.
The Customer knows and accepts that the consent will be granted online through selection of the box used to accept purchase conditions at making an order. Said box will appear beside a link to present notice.
2. Purchase process
2.1 Products selection
The purchase order for present conditions are the product/s selected by the Customer from AVARCAS.COM catalogue. The file of each of articles will be shown and will be visible before any order or payment are made. In case the Customer lives outside Spain, he should check any possible restrictions established by his country using descriptions of each item.
The Customer is informed and accepts that any kind of description, images, videos, brands, distinctive signs and the rest of article information on AVARCAS.COM has only an informative role. However the Customer may contact us in order to communicate any erroneous or inappropriate content which will be modified as soon as posible.
All information about our products, prices, payment methods, shipments, refunds and the rest of purchase conditions is available to all of website users and can be checked before making any order or payment. AVARCAS.COM puts on user disposition all contact information in the indicated section of the website. Contacting us doesn't suppose any cost or commitment to final purchase.
2.2 Registration and Customer account
To make an order the Customer must complete a form leaving his personal data creating un user account. Mentioned form will have have some obligatory boxes that must be filled to be able to make any orders.
At the finish of registration process the Customer will be granted an username and password, which should be saved the way that prevents any undesired third party access. The Customer will answer to any harm or damage made by an incorrect use of said data (username and password) and in case of loss or unauthorized use should contact AVARCAS.COM immediately.
The Customer declares to be of legal age and will be an exclusive responsible of veracity, update and accuracy of data given during a registration process and an order form. Said information should be checked before completion of the order. AVARCAS.COM can refuse all the orders which contain a false, inappriopiate or incomplete information given by the Customer.
2.3 Order process
The Customer has to select article or articles of his preference as well as quantity of these. There is a "Basket" section where all the selected products can be consulted before the completion. To process and finish the order a customer will choose a payment and shipment methods, including any necessary information.
To make the order possible it is required to check "I accept the terms and conditions" box next to the payment button, which will be linked to present document. By doing that the Customer states he has already read and agrees with present terms and conditions.
The purchase becomes formalised at the very moment AVARCAS.COM recieves the order.
AVARCAS.COM will send an order confirmation to customer via e-mail or any other equivalent media.
3. Price and payment methods
The price per unit of every article or product is published in our website.
During a purchase process and always before the payment confirmation the customer will be able to see all delivery costs on the screen. These costs are calculated depending on order volume, shipping method and destination.
Customer will be informed about a total and exact amount to pay for his order with all delivery costs and taxes included.
In case of shipments into territories outside the European Union or out of territorial area application of 2006/112/CE Directive of European Council, the final price may not include some taxes that can be required by authorities of destination territory. This amount cannot be calculated before finishing the order. Therefore if the customer finds himself outside VAT application territory, he will be the only responsible to make any necessary processes and payments before his country authorities.
All the prices shown on our website include VAT (value-added tax) proportional to its application regulations.
If the customer finds himself out of territorial area application of VAT (established in 2006/112/CE Directive of European Council) these taxes will not be calculated beforehand and will must be included by the customer side exclusively which will have to consult his country or territory authorities about any necessary formalities. Canarian Islands, Ceuta and Melilla are not considered VAT application territories.
5. Renunciation right and refunds
The customer can return any of the products for 14 days period without any reason or penalty. This period will be calculated from the day the order has been delivered.
In order to exercise this right it is enough to notify it to AVARCAS.COM within the time period and via indicated e-mail. The customer can use the renunciation form that figures at the end of present conditions as ANNEX I. Once received, AVARCAS.COM will indicate the way to deliver products to our store.
All products must be returned in perfect condition, without being used and inside its original boxes, and the customer will be in charge of any delivery costs.
Once the product is received, AVARCAS.COM will proceed to refund within a place od 14 days. In case of not fulfilling with stated in this clause about a product condition, a refund may be denied completely or partially.
This right cannot be applicated to products and orders been customised fot the customer.
Delivery rejection or not executing any duty fees will not be treated like renunciation right.
Product that has any defect or imperfection can be returned by customer without any charge following next procedure:
- the customer must send an e-mail to AVARCAS.COM describing any imperfections, ataching a photography.
- AVARCAS.COM will indicate a delivery method to make possible the product to come to our store without any cost by side of the customer.
- Once received and inspected, AVARCAS.COM will proceed to send a new product without any cost by side ot the customer.
- In case the product with the same characteristics in not available in our stock, AVARCAS.COM will offer to choose between: (a) to pick another product from our website or (b) to get a refund within a period of 14 days. In case of choosing a product with different price customer will have to pay or receive a difference according to case.
- the product must be delivered without any use and inside the original box. In a contrary case AVARCAS.COM may refuse the replacement.
If the warranty cannot be applied the customer may opt for exercising the right of renuntiation stated in previous clause.
7. Shipment and delivery period
During the purchase process the customer has to choose a shipment method indicating delivery address. Different shipment options will determine a delivery period.
In case of any delay the customer will receive a notification with new delivery term and if during that period the customer will not be present at given address, AVARCAS.COM should be contacted immediately to request a new delivery period or to give an alternative address. In the last case the customer will assume any additional expenses.
All shipments are carried out by third party companies and AVARCAS.COM will not be responsible for any delays.
In case of shipments into territories outside the European Union or out of territorial area application of 2006/112/CE Directive of European Council, any time that the order may be hold at Customs will not be computed as delay. AVARCAS.COM will not be obliged to refund any additional payments made by customer.
8. Intellectual property
All present elements of the website are susceptible to be an Intellectual or Industrial Property with AVARCAS.COM ownership.
The customer gives to AVARCAS.COM a nonexclusive, transferable license over all writings or images published on our website as commentaries or reviews.
AVARCAS.COM may modify, revise and update present tems and conditions as well as any policies and legal notices. Updated versions will always be available on AVARCAS.COM website. It's important to customer to read last published version before making any order and assure to accept these terms. In the contrary the customer should abstain from using our website and making any orders.
Any notifications made by AVARCAS.COM via e-mail, mailing address or telephone number given by customer, a well as these shown entering our website will be considered valid.
The customer may send any notifications to AVARCAS.COM using the following e-mail address: firstname.lastname@example.org.
The present terms and conditions, as well as any other policies were written in Spanish language which will prevail over any traduction made by AVARCAS.COM.
12. Personal Data Protection
13. Comercial communications<p >The customer grants a full consent to AVARCAS.COM to send any type of commercial comunications via e-mail about products and services including these of the third party origin. However, every communication sent by AVARCAS.COM will include an optionto not to receive more advertising.
14. Applicable Legislation and Jurisdiction
Present terms and conditions were written in function of the Spanish Legislation, especially:
- Royal Legislative Decree 1/2007, November 16th, approving General Law of the Defense of Consumer and User
- The Law 34/2002, July 11th, of services of information society and e-commerce
- The Organic Law 15/1999, December 13th, of Personal Data Protection
Any controversies or matters related with fulfilling of present terms and conditions will be resolved before the Court and Tribunal of Palma de Mallorca (Spain) or the customer residence in case of having the condition od Consumer of User according to definition of General Law of the Defense of Consumer and User.
If any of the previous clauses would be declared invalid or inefficient (totally or partially) this will not involve invalidation of the rest of the contract, keeping its validity. The title of the clauses is only for illustrative purposes and doesn't determine the interpretation of its content.
ANNEX I. Renunciation right form
(should be completed and sent only in case of contract renunciation)
For the attention of
AVARCAS MENORQUINAS OÜ
Company: Avarcas Polo Menorquinas S.L. CIF/VAT: ESB16571440 Address: Avda. Vives Llull 34. Mahón (Islas Baleares). Spain.
I communicate a renunciation of sale contract of the following good:
a) Order received __________________ (date)
b) Customer name: ___________________________________________________
- Customer address: