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1. INTRODUCTION
The present document contains the Conditions that regulate the purchase of our products and the contract that binds both of us - you and us - (hereinafter the "Conditions"). These Terms set out the rights and obligations of all users (hereinafter "you"/"your") and those of Aura Future, S.L. ("we" / "us" / "our" / "our" / "the Seller") in relation to the products we offer through our Online Shop application (hereinafter collectively referred to as the "LODI Products"). Please read these Terms and Conditions and our Privacy Policy carefully before using our On-Line Shop application or authorising any payment and placing an order. By using our Online Shop application or placing an order through it, you agree to be bound by these Terms and our Privacy Policy, so if you do not agree to all of the Terms and the Privacy Policy, you should not place an order. These Terms may be changed at any time by the Seller without notice, so you should read them before placing each order so that you are aware of the provisions in force.
If you have any questions regarding these Terms and Conditions of Purchase or the Privacy Policy, you may contact us at lodilovers@lodi.es.
2. Using our On-line Shop application
These Terms are the only terms and conditions applicable to the use of our On-Line Shop application, and supersede all other terms and conditions, except with the express prior written consent of the Seller. These Terms are important to both you and us as they are designed to create a legally binding agreement between us protecting your rights as a customer and our rights as a business. You declare that, by placing your order, you have read and accept these Conditions without reservation. You agree that:
- You may only use the Online Shop application for legally valid enquiries or orders.
- You may not place any speculative, false or fraudulent order. If we have reasonable grounds to believe that such an order has been placed we shall be entitled to cancel the order and inform the relevant authorities.
- You also undertake to provide us with your e-mail address, postal address, telephone and/or other contact details in a true and correct manner and you agree that we may use this information to contact you if necessary.
- If you do not provide us with all the information we require, we will not be able to process your order. By placing an order via our Online Shop application, you guarantee that you are at least 18 years old and that you have the legal capacity to enter into binding contracts.
3. AVAILABILITY OF THE SERVICE
This information and the details contained in our Online Shop application do not constitute an offer to sell, but an invitation to do business. No contract will exist 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 your account has already been debited, you will be refunded in full.
To place an order, you must follow the online ordering procedure. You will then receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes an offer by you to us to purchase one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that the product is being dispatched (the "Dispatch Confirmation"). The contract for the purchase of a product between us (the "Contract") will only be formed when we send you the Dispatch Confirmation.
Only those products listed on the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any other products that may have been ordered until we confirm the dispatch of those products to you in a separate Dispatch Confirmation.
4. DATA RETENTION PERIOD
The personal data you provide us with will be kept for as long as our contractual or commercial relationship is maintained and once it is terminated during the period of limitation of the actions that could be derived from the product/service contracted by the interested party, as well as for the time necessary to comply with legal obligations. Without prejudice to this, in order to be able to contact and carry out commercial actions again with former clients, in order to be able to offer them specific personalised products, and as long as the consent of the interested party is obtained, Aura Future, S.L. will be able to contact them for the purposes detailed above.
The data obtained have been provided by the data subject himself.
5. Refusal to process an order
We reserve the right to remove any Product from our On-Line Shop application at any time and/or to remove or modify any material or content of the Product. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after having sent the Order Confirmation, in these cases, we will contact you as soon as possible informing you of the circumstances preventing the processing of the order and/or alternative solutions.
We shall not be liable to you or to any third party for removing any product from our On-Line Shop application, whether or not such product has been sold, removing or modifying any material or content of our On-Line Shop application, or for refusing to process an order once we have sent you the Order Confirmation
6. Right to withdraw from the purchase. Returns
If for any reason you are not satisfied with your order, you have a period of 15 calendar days, counting from the date of delivery of the order, to return it (according to art. 44 of Law 7/1996, of January 15, 1996 on the Regulation of Retail Trade amended by Law 47/2002, of December 19, 2002). It is understood that you have known the right of withdrawal from the acceptance of these General Conditions and placing the order. You may test the goods to determine their nature, characteristics or functioning as you would in a commercial establishment.
It is very important that you return the product(s) in perfect condition and in their original packaging. We will not accept the return of products that are not in the same condition in which you received them. In the event that the products are damaged due to improper packaging, we will not accept the return. Once we receive the goods in our warehouses and we check that all the above conditions are met, the Seller will accept the return of the product and will proceed to credit the amount through the corresponding payment method.
You will receive a refund within 15 days of receipt of the returned or exchanged product in our warehouse. Please note that your bank may not show the refund amount in your credit balance until the following month.
In the case of defective products or incorrect deliveries, all return costs shall be borne by the Seller.
This provision does not affect consumer rights under existing legislation.
7. Delivery
Without prejudice to Clause 5 above and unless extraordinary circumstances occur, we will endeavour to dispatch the product(s) listed in the Dispatch Confirmation before the delivery date stated in the Dispatch Confirmation or, if no delivery date is specified, within 2 to 5 working days from the date of the Dispatch Confirmation.
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Delivery times may be altered during sales periods.
For the purposes of these Conditions, "delivery" shall be deemed to have occurred or the product(s) to have been "delivered" at the time of signing for receipt of the product(s) at the agreed delivery address.
The Seller reserves the right to vary the type of shipment and the company by which it is made, as long as it does not entail a manifest prejudice to the customer. Under no circumstances will deliveries be made to post office boxes. For deliveries throughout Spain, the following conditions shall apply:
- Shipping costs vary depending on the country of destination. To find out the exact costs you will need to go to the order summary screen. During certain promotional periods shipping costs may be free of charge.
- Delivery from Monday to Friday on working days.
8. Non-deliverability
If on the first delivery attempt, the addressee is absent at the indicated address, a second delivery attempt will be made on the following working day. If, after a second delivery attempt, delivery is not possible, the carrier will inform us of the incident in order to resolve it. If you do not receive your order within the established period or if it is impossible to collect it, please contact our Customer Service.
9. Transfer of risk and ownership
The risks in the Products shall be borne by you from the time of delivery. You will acquire ownership of the Products when we receive payment in full of all sums due in respect of the Products, including delivery charges, or at the time of delivery (as defined in clause 8), whichever is the later.
10. Prices
The price of the products will be the one that is stipulated at any given time in our On-line Shop application according to the delivery area selected by the user in the bottom right-hand side of our shop, except in the case of a manifest error. Although we try to ensure that all prices shown in 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 reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any monies paid will be refunded in full.
We shall not be obliged to supply you with the product(s) at the incorrect lower price if the price error is obvious and unmistakable and could reasonably have been recognised by you as an incorrect price. The prices in our On-Line Shop application include VAT or tax that may replace it, but exclude shipping costs, which will be added to the total amount due and will be communicated to you in advance before the actual purchase is made.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Once you have made your purchases, all the items you wish to buy will have been added to your basket and the next step is to process the order and make payment
11. Payments
We guarantee that each and every transaction with the Seller is 100% secure. All transactions involving the transmission of personal or banking data are carried out using a secure environment. The Seller uses a server based on standard SSL (Secure Socked Layer) security technology. All information you transmit to us travels encrypted over the network.
Likewise, your credit card details are not recorded in any database but go directly to the bank's POS (Point of Sale Terminal).
We also inform you that, in an effort to provide greater security to credit card holders, we have incorporated the secure payment system called CES (Secure Electronic Commerce) in our payment gateway. In this way, if you are a holder of a "secured" card, you will always be able to make payments with a VISA or MASTERCARD in our shop. In the event that your card does not adhere to this payment system, the Seller will only accept payment by VISA, MASTERCARD or MAESTRO credit card from customers with a proven track record and reliability.
In both cases, when paying by VISA, MASTERCARD or MAESTRO card you will always be asked for the following data: the card number, the expiry date, plus assurances about the security of the transaction. By clicking on "Authorise Payment" you confirm that the credit card is yours. The proof of purchase corresponding to 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 credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and we will not be able to enter into any Contract with you.
You must notify us of any improper or fraudulent charges to the card used for purchases, by email or telephone, as soon as possible, so that we can take appropriate action. Credit card fraud is a criminal offence and the Seller will take legal action against anyone who makes a fraudulent transaction on our Online Shop application.
In case you use the PayPal payment method, please note that PayPal is a fast and secure way to pay online. You can easily pay for your purchases with your debit card, credit card or bank account through PayPal, without sharing financial information with Aura Future, S.L. PayPal securely stores your financial information and protects it with market-leading security and fraud prevention systems. What's more, your financial details are never shared with the Merchant. Using PayPal you will not have to enter your card or bank account details to pay. You will only need your email address and a password. If you use PayPal you choose how to pay: debit card, credit card or bank account.
12. Value added tax
In accordance with current legislation, all purchases made through our On-line Shop application will be subject to Value Added Tax (VAT), or any other tax that may replace it.
13. Liability and disclaimer of liability
Our liability in relation to any Product purchased on our On-Line Shop application shall be strictly limited to the purchase price of such Product. Nothing in these Terms and Conditions of Purchase excludes or limits our liability in any way:
- In case of personal injury caused by our negligence;
- In case of fraud or fraudulent misrepresentation; or
- In any matter in which it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.
Without prejudice to the preceding paragraph and to the extent permitted by law, and except as otherwise provided in these Conditions, we will not accept any liability for consequential damages arising as a secondary effect of the loss or damage, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Due to the open nature of our On-line Shop application and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this application. All product descriptions, information and materials contained in this On-Line Shop application are provided "as is" and without warranties expressed, implied or otherwise. To the fullest extent permitted by law, we exclude all warranties, except those warranties which cannot lawfully be excluded as against consumers.
The provisions of this clause shall not affect your statutory rights as a consumer or your right to withdraw from the Contract.
14. Notifications
Notices from you should preferably be sent to us via our e-mail address lodilovers@lodi.es. Subject to the provisions of these Terms and unless otherwise stipulated, we may send communications to you either by e-mail or to the postal address provided by you when placing an order.
15. Assignment of rights and obligations
The Agreement between you and us is binding on both you and us and our respective successors, assigns and assignees. You may not convey, assign, encumber or otherwise transfer a Contract or any of your rights or obligations under it to or for you without our prior written consent.
We may transfer, assign, charge, encumber, sub-contract or otherwise transfer a Contract or any of our rights or obligations under it to or for us at any time during the term of the Contract. For the avoidance of doubt, any such assignment, transfer, assignment, encumbrance or other transfer will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties we may have given you.
16. Events beyond our control
We shall not be liable for any failure or delay in the performance of any of our obligations under a Contract which is caused by events beyond our reasonable control ("Force Majeure Event"). Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (whether declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of other governments.
- Strike, failure or accidents in maritime or inland waterway transport, postal or any other type of transport.
Our obligation to perform under any Contract shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract despite the Force Majeure Event.
17. Disclaimer
If, during the term of a Contract, we fail to insist upon strict performance of any of our obligations under the Contract or any of these Conditions, or if we fail to exercise any right or remedy which we are entitled to exercise or enforce under the Contract or these Conditions, such failure shall not constitute a waiver of such right or remedy or relieve you from compliance with such obligations.
Any waiver by us to require performance shall not constitute a waiver by us to require subsequent performance. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and communicated to you in writing in accordance with the Notice section above.
18. Divisibility
If any of these Conditions or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be severed from the remaining conditions and provisions which shall continue to be valid to the extent permitted by law.
19. Integrity of the contract
These Terms and any document expressly referred to in these Terms constitute the entire agreement between you and us relating to the subject matter of the Contract and supersede any prior covenant, agreement or promise made between you and us orally or in writing.
You and we acknowledge that we have agreed to enter into this Agreement without having relied on any representation or promise made by the other party or which could be inferred from any statement or writing in the negotiations between us prior to this Agreement, except as expressly referred to in these Conditions.
20. Our right to modify these conditions
We have the right to revise and modify these Terms at any time. You will be bound by the policies and Terms in effect at the time you place each order, unless we are required by law or governmental action to make changes to such policies, Terms or Privacy Policy, in which case any such changes will also affect orders previously placed by you.
21. Applicable law and jurisdiction
Contracts for the purchase of products through our site shall be governed by Spanish law. Any dispute arising out of or in connection with such contracts shall be subject to the exclusive jurisdiction of the courts and tribunals of the city of Alicante. Nothing in this clause shall affect your rights under current legislation.
22. Comments and suggestions
We welcome your comments and suggestions. Please send us such comments and suggestions via email to lodilovers@lodi.es or contact us at: (+34) 965 397 213.
