2. Use of our on-line Shop application.
These present Conditions are the only applicable conditions for using our on-line Shop and replace any previous ones, except express prior consent, in writing by the Seller. These Conditions are important, both for you and us, because they have been designed to set up an agreement legally binding between us, protecting your rights as client and our rights as company. You declare hereby, when making an order, having read and accepted, without reservations, these present Conditions: You accept that:
1. You may only use the on-line Shop application for consultation or orders legally valid.
2. You may not make any speculative, false or fraudulent orders. If we have reasonable grounds to consider an order has been made with this aim, we are duly authorise to cancel it and inform the competent authorities.
3. You also undertake to provide us true and correct email address, postal address, telephone and/or other contact details, and give your consent for us to be able to use said information in order to contact you, should it be necessary.
4. In the event you do not provide us the information requested, we may not proceed with your order. When placing an order through our online Shop application, you guarantee being older than 18 years and having legal capacity to sign binding agreements.
3. Availability of the service.
This present information and the details contained in our on-line Shop application are not an offer for sale or an invitation to do business. There shall be no agreement between you and us, in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and the relevant amount was debited in your account, we will refunded it in total. To place an order, you should follow the online purchase procedure given. Soon afterwards, you will receive an email acknowledging your order (the "order confirmation"). Be aware that this does not mean your order has been accepted, it is only an offer by you to us to purchase one or several products. Every order is subject to our acceptance which shall be confirmed through an email whereby we confirm the product is being sent (the "shipping confirmation"). The agreement for purchasing a product between us (the "Agreement") shall only be formalised after sending the shipping confirmation. Purpose of the agreement shall be only those products appearing in the shipping confirmation. We are not obliged to provide you any other product which could be the purpose of an order, until we confirm hereby their sending in an independent shipping confirmation.
4. Availability of the products.
All product orders are subject to their availability and, in this sense, if certain supply difficulties arise, or there are not items in stock, we reserve the right to inform you about other available products replacing the ones ordered and similar in quality, of a higher or similar value. Should you not wish to order any of those substitute products, we shall repay any amount been paid by you.
5. Refusal to process an order.
We reserve the right to withdraw any Product of our online Purchase application at any moment and/or remove or modify any material or content therein. Although we will always make all necessary efforts to process your orders, there may be exceptional circumstances that oblige us to refuse a particular order after having sent the email order confirmation, in said cases, we will contact you as soon as possible to duly inform you of the circumstances that prevent their processing and/or alternative solutions. We shall not be liable against you or a third party just for withdrawing any product from our online Shop application, irrespective of whether said product has been sold or not, remove or modify any material or content of our online Shop application, or for refusing to process an order once our shipping confirmation has been sent.
6. Right to cancel the purchase. Returns.
If, for whatever reason you are not fully satisfied after receiving your order, you can return it within fifteen (15) days from the reception date (in accordance with art. 44 of Act 7/1996, of 15th January of the Retail Trade as amended by Act 47/2002, of 19th December). It shall be understood that you are aware of the right to cancel when accepting the General Conditions and placing your order. You may try the merchandise in order to determine its characteristics or functioning, as you will do in a conventional shop. It is very important that you return the products in perfect conditions and in their original packaging. We shall not accept a return of those products not being in the same original conditions. In the event the products are damaged for using an inappropriate packaging, we shall not accept their return. Once we receive the merchandise in our shops and check that all above mentioned conditions are fulfilled, the Seller shall admit the return of the product and the amount paid shall be refunded through the same payment method used when purchasing the product. You will be fully refunded within a maximum term of 15 days after receiving the returned product in our warehouse. Take into account that it is likely that your bank does not show the return amount in your balance until the following month. In the event of defective products or incorrect shipping, all return costs shall be paid by the Seller. Said provision does not affect your rights being recognised to the consumer by current legislation.
Without prejudice of Clause 5 above, and except extraordinary circumstances occur, we shall try to send the order of the products listed in the shipping confirmation before the delivery date appearing thereof or, if no delivery date is not stated, within 2 or 5 working days, as per the shipping date confirmation. If, for whatever reason, we cannot comply with the delivery date, we shall inform duly inform you of the situation and shall give you the option either to proceed with your purchase but with a different delivery date or to cancel your order with a full refund thereof. Delivery times may vary during sales periods. For the purposes of these present Conditions, it shall be understood that "delivery" has actually taken place or the products have been "delivered" when signing receiving the products at the agreed delivery address. The Seller reserves the right to vary the shipment method and the courier service used, providing it is not detrimental for the client. Shipments cannot be delivered to PO boxes or postal codes. For shipments witching Spain, the following conditions shall apply: Shipping costs vary depending on the destination country. If you want to know exact shipping costs, please read your order summary. During certain promotion periods, shipping costs shall be free. Delivery Mondays to Fridays during working days.
8. Failure to deliver.
If, after 2 times, we are unable to deliver your order, the package will be forwarded to the facility in the destionation city or it shall be sent to our warehouse. If you have not received your order within aforementioned period or you are not able to pick it up, please contact our Customer Service Department.
9. Transfer of risk and ownership.
The risks associated with the products will be your responsibility from the moment they are delivered. You will acquire ownership of the products when we receive payment in full of all the amounts due in relation to them, including shipping costs, or at the moment of delivery (according to the definition contained in clause 8), if this takes place at a later time.
Product prices will be those stipulated at any time on our On-line Shop application, except in cases where there is obviously an error. Although we try to ensure that all prices shown on the application are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or cancelling it. If we cannot contact you, the order will be taken as cancelled and you will be refunded in full for any amounts already paid. We are not obliged to supply you the product/s at the incorrect lower price if the error in the price is obvious and unambiguous and could have been reasonably recognised by you as the incorrect price. The prices shown in our On-line Shop application include VAT or any other tax that may replace it, but they do not include shipping costs, which will be added to the total amount payable and notified to you before you make your purchase. Prices may change at any time, but (except where previously stated) any possible changes will not affect orders for which we have already issued a Shipping Confirmation. Once you have selected your purchases, all the items you want to buy will have been added to your basket and the next step will be to process your order and pay.
We guarantee that each and every payment transaction made with the merchant is 100% secure. All operations involving the transmission of personal or bank data are done using a secure environment. The merchant uses a server based on SSL (Secure Socket Layer) standard security technology. All the information you send us travels through the internet in encrypted format. Likewise, your credit card details are not recorded in any database but are instead sent straight to the bank EPOS (electronic point of sale). We also inform you that in an attempt to provide greater security to credit card holders we have incorporated secure e-commerce payment system technology into our payment gateway. This means that if you hold a "secured" credit card you will always be able to pay with your VISA, MASTERCARD or AMERICAN EXPRESS card in our on-line Shop. If your card is not secured on this payment system, the merchant will only accept payment with a VISA, MASTERCARD, MAESTRO or AMERICAN EXPRESS card from existing customers who have proved to be reliable in the past. In both cases, when you pay with VISA, MASTERCARD, MAESTRO or AMERICAN EXPRESS, you will always be asked for the following details: card number, expiry date plus further guarantees about the security of the transaction. When you click on "Authorise Payment" you are confirming that the credit card is yours. The proof of purchase for the order will be sent to your e-mail address together with the order confirmation. Credit cards will be subject to checks and authorisations by the issuing body, but if the issuer does not authorise payment, we will not be responsible for any delay or failure to deliver and we will not be able to enter into a contract with you. You must notify us of any incorrect or fraudulent charge made to the card you used to make your purchases, either by e-mail or by telephone, as soon as possible, so we can take the necessary measures. Credit card fraud is a crime, and the merchant will take legal action against anyone making a fraudulent transaction on our On-line Shop application. If you use PayPal as your payment method, remember that PayPal is a fast and secure way of paying for goods on the Internet. You can pay for your Shopping easily with your debit card, credit card or bank account via PayPal, without sharing financial information with Aura Future, S.L. PayPal shops your financial information securely and protects it with the best security and fraud prevention systems. Plus, your financial details are never shared with the Seller. By using PayPal you will not have to enter your credit card or bank account details to make your payment. You only need your e-mail address and a password. If you use PayPal you choose how to pay: debit card, credit card or bank account.
In accordance with current legislation, all purchases made through our Online Shop application shall be subject to VAT, or any other tax replacing it.
13. Liability and Disclaimer.
We are only liable for any Product purchased via our Online Shop application and strictly limited to the purchase price of said Product. Nothing in these terms or conditions shall exclude or limit whatsoever our liability:
1. In the event of personal damage due to our negligence: 2. In the event of fraud or fraudulent misrepresentation; or 3. In any matter whereby it shall be illegal to exclude, limit or try to exclude or limit our liability.
Without prejudices of the above, and to the extent allowed by law, and except these present Conditions provide otherwise, we shall not accept any liability for indirect damages occurred as consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), or any other, even if they could have been avoided. Due to the open nature of our on-line Shop application and the possibility for errors to occur during storage and transmission of digital information, we cannot guarantee the accuracy and security of the information sent or obtained through this application. All the descriptions of products, information and materials appearing in this On-line Shop application are provided "in the condition in which they are found". They do not comprise an express, implicit or any other type of guarantee. To the extent permitted by law, we exclude all guarantees with the exception of guarantees which may not legally be excluded from consumer transactions. The content of this clause do not affect your legal rights as a consumer or your right to withdraw from the Agreement.
Please send any notifications you wish to make to us to our email address email@example.com. Pursuant to these Conditions and unless you stipulate otherwise, we may send you messages by email or to the postal address you provide when you place an order with us.
15. Transfer of rights and obligations
The contract between you and us is binding for both parties, as well as for our respective successors, assignees and trustees. You may not transmit, assign, levy or transfer in any other way a contract or any of the rights or obligations derived from it in your favour or for you, without having obtained our prior written consent. We may transmit, assign, levy, subcontract or transfer in any other way a contract or any of the rights or obligations derived from it in our favour or for ourselves, at any time while the contract is in force. To avoid any doubt, such transmissions, assignments, levies or other transfers will not affect your rights as a consumer under the law, neither will they cancel, reduce or limit in any other way the express or tacit guarantees issued by us.
16. Events outside our control
We will not be responsible for any failure to fulfil or delay in fulfilling any of the obligations we take on under a contract, if this is caused by events outside our reasonable control ("cause of force majeure") Force majeure will be taken to include any act, event, lack of action, omission or accident that is outside our reasonable control and will especially include (without limitation) the following:
1. Strikes, management lockout or other industrial action. 2. Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or preparation for war. 3. Fire, explosion, storm, flooding, earthquake, collapse, epidemic or any other natural disaster. 4. Impossibility of using trains, ships, aircraft, motorised transport or other forms of transport, whether public or private. 5. Impossibility of using public or private telecommunications networks. 6. Acts, decrees, legislation, regulations or restrictions imposed by other governments. 7. Strike action, failures or accidents in sea or river transport, mail system or any other type of transport.
It will be understood that our obligation to abide by any contract will be suspended during the period in which the cause of force majeure continues, and we will have an extended period in which to fulfil our obligation while this period persists. We will make every effort to end the cause of force majeure or to find a solution by which we can fulfil our obligation under the contract despite the cause of force majeure.
If, during the Agreement term, we do not insist on strict compliance with any of the obligations set out in therein or with any of these Conditions, or we refrain from exercising any of the rights or courses of action available to us by virtue of the Agreement or these Conditions, this fact will not constitute a waiver of such rights or courses of action nor will you be considered released from your obligation to comply with those obligations. Our failure to insist on compliance does not preclude our insisting on future compliance. You shall not be released from your contractual obligations unless we expressly waive our rights and you are notified of our agreement to this in writing in accordance with the Notifications paragraph above.
If any of these Conditions or any of the provisions of the Agreement should be deemed void, illegal or unenforceable by the competent authority, this will be separated from the remaining conditions and provisions, which will continue to be valid to the extent permitted by law.
19. Agreement integrity.
These Conditions and all documents to which it makes express reference comprise the entire Agreement between you and us with regard to the purpose of the Agreement and replace all earlier verbal or written pacts, contracts or undertakings previously between us. Both parties recognise that when they have entered into this Agreement they did not rely on statements or promises made by the other party or which could be inferred from any statement or document produced in negotiations between the parties prior to the Agreement, with the exception of those mentioned expressly in these Conditions.
20. Our right to amend these conditions.
21. Applicable Law and Jurisdiction.
Agreements for sales of goods made through our site are governed by Spanish law. Any disputes arising in connection with these Agreements will be subject exclusively to the jurisdiction of the courts of the city of Alicante. Nothing in this clause affects your legal rights.
22. Comments and suggestions.
We welcome your comments and suggestions. Please send any comments or suggestions you have to our email address: firstname.lastname@example.org or call us on (+34) 965 397 213.