Terms of Sale
ALTHAIAARTESANA.COM GENERAL TERMS AND CONDITIONS OF CONTRACTING
1.- Identification of the Parties.
On the one hand, the mercantile company "ALTHAIA ARTESANA, S.L.", hereinafter Althaia, with registered office at Avenida Jaume I, 34 4º C, 03590 – Altea (Alicante), and with CIF number B54958087 and registered in the Mercantile Register of Alicante, Volume 3983, Folio 64, Section 8ª, Sheet A152095, and owner of the domain www.althaiaartesana.com, hereinafter Website.
And on the other hand, the User, who contracts the products offered through the Website and whose identification data are those provided directly by the User by entering their data into the different forms that Althaia makes available to them to access any of the products offered through the Website.
2.- Applicable Legislation.
These General Terms and Conditions of Contracting are subject to Spanish legislation, to the provisions of Law 7/1998, of April 13, on General Terms and Conditions of Contracting, in 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, in Royal Decree 1906/1999, of December 17, which regulates Telephone or Electronic Contracting with General Conditions, Organic Law 15/1999, of December 13, on the Protection of Personal Data, Law 7/1996, of January 15, on Retail Trade Regulation, and Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce.
3.- Purpose and Scope of Application.
These General Terms and Conditions of Contracting, which govern the provision of services, aim to regulate the access and acquisition regime of the products provided by Althaia to the User through the Website, constituting the legal framework that develops the contractual relationship.
The aforementioned General Terms and Conditions of Contracting can be consulted, printed, and stored by the User prior to the start of the contracting procedure.
4.- Acceptance.
These General Terms and Conditions of Contracting regulate the legal relationship derived from the contracting processes formalized by the User through the Althaia Website. The User expressly accepts full and unreserved adherence to these stipulations in the version published by Althaia at the time the User accesses the Website and has been able to access these General Terms and Conditions of Contracting, or contracts the products in which they are interested.
The User undertakes to carefully read the General Terms and Conditions of Contracting each time they contract a product, as they may have been modified since the last time they accessed them.By accepting these General Terms and Conditions of Contracting, the User declares:
- That they are a person with the capacity to contract.
- That they have read and accept these General Terms and Conditions of Contracting.
5.- Availability.
The User will always have access to the General Terms and Conditions of Contracting prior to the start of the product contracting procedure, and they can be stored and/or reproduced on a durable medium. Althaia provides the User with an email address, info@althaiaartesana.com, through which they can contact via the contact form to answer any questions related to these General Terms and Conditions of Contracting.
6.- Modification.
Althaia may modify these General Terms and Conditions of Contracting, without this affecting products purchased by Users prior to the modification, provided there is sufficient cause or reason for it. It is understood that there is sufficient cause or reason for the modification, by way of example and not limitation, when its purpose is:
- To expand the range or number of products made available to the User or to improve existing ones.
- To adapt the products covered by this contract to the advances that may occur due to the development of new information technologies.
- To modify, substitute or update the prices of the products offered through the Website.
7.- Contracting Conditions.
These General Terms and Conditions of Contracting apply to any product contracting through the Website.
7.1.- Althaia's Obligations.
Althaia undertakes to comply with the following contractual obligations derived from the commercial relationship with the User as a result of the contracting of products by the User:
- To provide the User with the requested products with the maximum guarantees in accordance with the provisions of these General Terms and Conditions of Contracting and without failing in good contractual faith.
- To expressly inform the User of the existence of these General Terms and Conditions of Contracting prior to the start of the contracting procedure.
- To inform the User prior to contracting and in a concrete, clear, precise and unequivocal manner, of the specific characteristics of the requested products, such as their price and the applicable taxes.
- To make available to the User a copy of the text of the General Terms and Conditions of Contracting. Likewise, for those products that require it, the specific terms and conditions that apply will be made available to the User prior to contracting.
- To send the User the proof of payment or invoice for the products contracted from Althaia. Said proof or invoice will be accessible for download by the user.
- To comply with the provisions of the regulations on consumer and user rights.
7.2.- User's Obligations.
For its part, the User undertakes the following contractual obligations:
- To fully comply with the provisions of these General Terms and Conditions of Contracting in the contracting of the products offered by the Website.
- To complete the registration forms prior to the start of the contracting procedure with truthful and updated information to be able to access any of the products offered on the Website. Likewise, the User guarantees and will be responsible for keeping them completely updated while their status as User on the Website lasts.
- To complete the product access forms with truthful and updated information, as such data is necessary for the issuance, where applicable, of the invoice by Althaia and the collection for the contracted products.
- To correctly provide the banking details requested by Althaia, as well as to pay the price of the contracted products in accordance with the chosen payment method and with the current rates published by Althaia on the Website at the time of contracting.
- To refrain from sending messages that in any way prevent or hinder the normal functioning of the services offered by the Website. In any case, the User will be solely and entirely responsible for the content of the messages they write or send, as well as for the data they provide.
8.- Product Availability.
Althaia informs the User that the number of available units of the products offered is updated with warehouse stock and sales availability. In no case will Althaia intentionally offer for sale more units than are available for sale.
It should be noted that all orders will be shipped within the limits of available stock. In the event of a stockout or temporary unavailability of a product, Althaia will send an email informing the User of this fact and the new recommended delivery time for the purchased products.
In the event that the product is not available after the order has been placed, the User will be informed by email, being able to choose between receiving another product of similar characteristics or canceling the order.
The partial cancellation of the order due to lack of availability will not imply the cancellation of the entire order, unless the User expressly states otherwise. All this without prejudice to the right of withdrawal.
9.- Prices.
The prices (including VAT) applicable to the contracting of products by the User will be those listed on the Website at the time the User accesses a specific product and proceeds to initiate the contracting process. Likewise, other expenses established in these General Terms and Conditions of Contracting in a specific section on shipping cost policy will apply to these prices.
In case of an error in the price of the products that the User has contracted, we will inform them as soon as possible and give them the option to reconfirm their order at the correct price or to cancel it. If we are unable to contact you, the order will be considered canceled and any amounts that have been paid will be fully refunded.
We will not be obliged to supply you with the product/s at the incorrect lower price (even if we have sent you the Shipping Confirmation).
Althaia reserves the right to modify the list of prices published on the Website when it deems it convenient. In any case, the foregoing will not apply to those products contracted prior to the modification.
10.- Payment Methods.
The available payment methods will be the following:
- Payment by PayPal.
- Payment by Credit Card.
11.- Contract with Althaia and Order Acceptance.
Until the order is accepted by Althaia (even if it has already been charged to your account), there will be no contract between the User and Althaia. If the order is not accepted and we have already charged you, the amount will be fully refunded.
After clicking on "buy", the user will receive an email as an acknowledgment of receipt. This does not imply that the order has been accepted, as it is an offer that you make to us to make a purchase. Orders are subject to our verification and acceptance. We will confirm acceptance by sending you an email informing you that the order is being shipped (Shipping Confirmation). Only at this moment will the Contract between You and us be formalized.
Only the products listed in the Shipping Confirmation will be subject to the contract. We will not be obliged to supply you with any other product that may have been ordered until we confirm their shipment in a separate Shipping Confirmation.
Althaia may refrain from processing orders that do not offer sufficient solvency guarantees, or that turn out to be incomplete or incorrect, or in the event that the products are not available, without liability to the User or to third parties. In any case, we undertake to inform you and if we have already charged you the amount of the order, we will proceed to refund the amount you have paid in advance.
12.- Transfer of Ownership.
The User acquires ownership of the products upon full payment of all amounts, including shipping costs.
13.- Shipping Policy and Applicable Taxes.
The cost for the shipping service will be:
- €6.50 Alicante Province.
- €7.00 Valencia and Castellón Provinces.
- €7.00 Murcia Region.
- €7.50 Principality of Asturias.
- €7.50 Autonomous Community of Galicia.
- €7.00 Rest of peninsular provinces.
- €17.00 Balearic Islands.
All products offered on the Website will be subject to Value Added Tax (VAT).
14.- Delivery Conditions.
We will deliver your orders in the peninsula within 24/48 hours (working days) from receipt of the order. Delivery times are approximate and based on the services of our logistics operators. No shipments are made to the Canary Islands, Ceuta, and Melilla.
15.- Responsibility of the Parties.
15.1.- Althaia's Responsibility.
The content of this Website is presented solely for the purpose of promoting Althaia's products, without any other guarantee of any nature.
In particular, Althaia disclaims any liability for any damages:
- that may be caused by the lack of availability and/or continuity of the Website.
- that may arise for the User in the event of impossibility of providing the service covered by these General Terms and Conditions of Contracting due to cases of force majeure, unforeseeable circumstances, or other causes not attributable to Althaia. For these purposes, the following are considered beyond its control, by way of example and not limitation: (i) the modem, (ii) the User's computer system, (iii) the browsing software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ADSL, ISDN, and/or any other transport or telecommunications infrastructure used by the User.
- due to the improper functioning of the Website if this is due to maintenance tasks, incidents, a defective functioning of the User's terminal or its insufficient capacity to support the systems essential for using the service.
- Althaia does not guarantee the absence of viruses or other elements on the Website that may cause alterations in your computer system, nor the usefulness, accuracy, updating, or infallibility of the content or services not controlled by them.
- Althaia will take appropriate measures to ensure a rapid response, but cannot be held responsible for delays due to telecommunication services, nor guarantee a specific delivery time for the products.
15.2.- User's Responsibility.
The User will be solely responsible for the consequences derived from the communication of untrue data as well as data belonging to persons other than the User.
To adopt the necessary security measures, both personal and material, to maintain the confidentiality of their username and password, as well as to immediately notify Althaia of the loss, misplacement, theft, robbery or illegitimate access to their username, as well as its knowledge by third parties.
In case of non-compliance by the User of their contractual obligations, Althaia reserves the right to take appropriate legal action, as well as the right to restrict access to the products offered on the Website.
16.- Right of Order Cancellation.
Althaia guarantees Users the possibility of canceling their order at any time and without any cost, provided that the cancellation is communicated before the order has been made available to the carrier for shipment. To request it, you must contact Althaia through email info@althaiaartesana.com or by calling 965 84 06 05.
17.- Right of Withdrawal and How to Exercise It.
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, if for any reason the buyer is not satisfied with their order, they will have a period of 14 calendar days from the acquisition of possession of the good to withdraw from the contract without the need for justification and without any penalty. The deadline will be considered met if the good is returned before the deadline expires.
In the event that the purchase involves the delivery of multiple goods ordered by the consumer and user in the same order and delivered separately, the withdrawal period will expire 14 calendar days from the date on which the buyer, or a third party indicated by them, other than the carrier, acquires natural possession of the last of the goods.
The Right of Withdrawal may be exercised over one, several, or all of the items purchased.
Before exercising the right of withdrawal or canceling an order, the User must contact us by phone 965 84 06 05 or info@althaiaartesana.com.
The right of withdrawal will be applicable provided that the contracted products are returned in the same conditions in which the User received them, together with their complete original packaging, labels and any accessories related to them. A copy of the purchase invoice for the product being returned must also be included. The User will be responsible for proving that the products have been returned. Althaia will not be responsible for losses, delays or incorrect address shipments of any product that the User wishes to return to us.
Althaia will determine if the products are in the same conditions in which they were sent. Products that have been returned damaged, incomplete, deteriorated, used, or soiled due to the User's fault will not be refunded and will be made available to their sender and resent with postage due.
In accordance with Royal Legislative Decree 1/2007, of November 16, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, the consumer assumes the direct cost of returning the goods, except in case of defect or flaw.
If the return does not comply with the stipulated terms, the User will not be entitled to receive any refund of the amount and the products will be sent back with postage due. If the recipient of the products is different from the User who made the payment, the money will be refunded to the User who made the payment.
Returned products must be sent in a single delivery. Althaia reserves the right not to accept products belonging to a single order, returned and delivered at different times.
18.- Return Policy in case of Shipment of Defective or Erroneous Products.
If the User receives an incorrect order or a defective product, please contact us immediately, within 24 hours, at the following email address: info@althaiaartesana.com, indicating the error or defect along with your personal details.
We will carefully examine the returned product and inform you by email within a reasonable period if the return or replacement is appropriate (if applicable). The return or replacement of the item will be made as soon as possible.
The amounts paid for those products that are returned due to a defect, flaw or incorrect shipment will be fully reimbursed, including the delivery costs incurred to deliver the item to you and the costs you incurred to return it to us. The refund will be made using the same payment method chosen by the User at the time of purchase.
19.- Product Guarantees and Information.
Althaia states and guarantees that its Internet platforms are technically prepared for the sale of products and services.
Althaia makes its best efforts to ensure that the information displayed is correct.
Products offered through the Website may undergo minor variations in terms of specifications, colors, or other design features.
Products offered through the Website are guaranteed by the manufacturer for a period of two years from the date of delivery.
Deficiencies caused by negligence, shocks, improper use or handling by the User are not included in this warranty.
In cases where the use of the warranty is justified, the defective product will be replaced or refunded, in the legally established terms. All expenses arising as a result of its return will be borne by Althaia, who will be responsible for managing the transport with the transport company.
20.- Notifications.
For the purpose of making appropriate notifications, Althaia designates the address specified in the legal notice as its contact address.
The email provided by the User during the registration process on the Website will be used by Althaia for the purpose of sending notifications to the User.
The User is obliged to keep the data referenced in this clause for notification purposes duly updated.
All Notifications made by Althaia to the User will be considered validly made if they have been made using the data and through the means previously indicated. Althaia is not responsible for any damage that may arise from the User's breach of their obligation to keep their contact information updated.
21.- Nullity and Ineffectiveness of Clauses.
If any clause included in these General Terms and Conditions of Contract is declared totally or partially null or ineffective, such nullity will only affect said provision or the part of it that is null or ineffective, with the General Terms and Conditions of Contract remaining in force in everything else.
22.- Duration of the General Terms and Conditions of Contract.
The validity period of these General Terms and Conditions of Contract will be the time they remain published on the Website and will apply from the moment the User proceeds to contract any of the products.
23.- Competent Jurisdiction.
In the event that the User uses the products with the purpose of integrating them into their own production processes, both parties, expressly waiving any jurisdiction that may correspond to them, submit to the Courts of Dénia for the resolution of conflicts.