Introduction:
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "the GCS") is to govern the contractual relationship between the company Aloe Vera Farm Mallorca (hereinafter referred to as "the Merchant"), and any person wishing to make a purchase (hereinafter referred to as "the Customer") on the website https://www.aloe-mallorca.com (hereinafter referred to as "name of the Website").
For any questions regarding the GTC or the Privacy Policy, the Customer may contact customer service at the following e-mail address: melanie@aloe-mallorca.com.
1. Acceptance of the GCS
By using https://www.aloe-mallorca.com or placing an order through it, the Customer agrees to be bound by these T&Cs and the Privacy Policy, without restriction or reservation.
Before being able to place an order, the Customer must tick the box "I acknowledge that I have read and accept the General Terms and Conditions of Sale and the Privacy Policy".
2. Independence of clauses
The cancellation of a clause of the GCS shall not affect the validity of the GCS as a whole.
3. Modification of the GCS
The Merchant reserves the right to modify these GCS at any time, and such modifications shall take effect, if applicable, as soon as they are published on https://www.aloe-mallorca.com. The new GCS shall apply to any new order.
4. Intellectual Property
The content of the https://www.aloe-mallorca.com website (logos, texts, brands, images and videos) is the intellectual property of the Merchant. Without the express prior authorisation of the Merchant, any reproduction, in whole or in part, is prohibited.
5. Availability of the Products
Any order placed through https://www.aloe-mallorca.com is subject to the availability of the products. If, after placing an order, the products are not available, the Customer will be notified, at the e-mail address provided for placing the order, that the order has been cancelled. The Merchant reserves the right to withdraw its products from https://www.aloe-mallorca.com and to modify any information or illustration at any time.
The description of the products on https://www.aloe-mallorca.com does not constitute a contractual document. Thus, if there are differences that do not affect the essential specifications of the products, the Merchant declines all responsibility.
6. Prices and shipping costs
The prices shown on https://www.aloe-mallorca.com are indicated in EUR €, but do not include shipping costs. Therefore, if applicable, shipping costs will be added to the total due by the Customer, in accordance with article 7 of this document.
The Merchant reserves the right to change prices at any time. In such a case, the price change shall apply only to future orders, and not to orders already in progress.
In the event of an error in the price, the Merchant reserves the right to rectify it, and will inform the Customer as soon as possible at the e-mail address provided by the Customer, in order to offer to carry out the transaction at the correct price or to cancel the order.
7. Costs and delivery methods
Provided that the products are available (see article 5 of this document), the Merchant undertakes to deliver the Customer's order within 30 days of receipt of the order confirmation at the email address provided by the Customer.
It is the Customer's responsibility to check the condition of the products and the conformity of the order during delivery. In the event of non-conformity, it is the Customer's responsibility to contact the customer service department at the following e-mail address: melanie@aloe-mallorca.com.
When placing the order, the Customer must choose the delivery method he/she prefers from among those offered on https://www.aloe-mallorca.com. The delivery costs can be consulted on the carriers' websites.
8. Means of payment
The means of payment available are those listed on the Website at the following address: https://www.aloe-mallorca.com.
The Merchant reserves the right to modify this list at any time, without affecting orders in progress.
Payment must be made no later than 30 days after receipt of the order.
In the event of total or partial non-payment within the period referred to in the preceding paragraph, the Customer shall pay the Merchant a late payment penalty equal to three times the legal interest rate, without prior notice. The amount of the penalties for late payment shall be calculated on the amount, including taxes, remaining to be paid, and shall take effect upon expiry of the payment period provided for in this article.
9. Formalisation of the Contract
By placing an order on https://www.aloe-mallorca.com, the Customer guarantees that he/she is at least 18 (eighteen) years of age and legally capable of entering into a contract.
The Customer guarantees that he/she is a professional placing an order as part of his/her business activity. These GCS are addressed to professionals acting exclusively for purposes within the scope of their professional activity. It is expressly reminded that, as the GCS are only applicable to sales made to a professional buyer acting within the scope of his professional activity, he has no right of withdrawal.
To place an order, the Customer confirms his basket and proceeds to payment, in accordance with article 7 of this document. A sales contract between the Customer and the Merchant is only concluded when the Customer receives an email confirming his order at the email address he has provided.
It is the Customer's responsibility to check the accuracy of the contents of the order before confirming the basket and proceeding to payment. The Customer may modify the basket before confirming it and proceeding to pay for the order.
10. Refusal of order
The Merchant reserves the right to refuse any order.
11. Transfer of ownership
The products ordered shall remain the property of the Merchant until the Customer pays the amount of the order and the shipping costs.
The transfer of risk shall take place upon delivery of the order to the Customer.
12. Legal guarantee
In the event of non-conformity of the order at the time of delivery, the Merchant shall respect its obligations in terms of legal guarantee. The Customer may contact the customer service department, in accordance with article 7 of this document, and must exercise his legal guarantee within two months of delivery of the order. The Customer is free to ask the customer service department to replace the non-conforming order, or to return the order and request reimbursement of the amount of the defective products. In case of return, the Customer shall explicitly inform the Merchant and send back the complete order, in the original undamaged condition and packaging, together with all delivered accessories.
13. Hidden defects
The Customer may contact the customer service department in accordance with article 11 of this document if, at the time of delivery, the Customer notices defects in the order which render the products unfit for use. In such a case, the Customer may request a discount from the customer service department or return the order for a refund for the defective products. In case of return, the Customer must explicitly inform the Merchant of his withdrawal, and send back the complete order, in its original undamaged condition and packaging, together with all delivered accessories.
14. Right of withdrawal
Pursuant to article 102 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, the Customer may withdraw without cause within fourteen (14) days from the date of receipt of the order.
In the case of an order relating to several goods delivered separately during a specific period, the period shall run from receipt of the last good or batch, or the last piece or part. If the period expires on a Saturday, Sunday or public holiday, the withdrawal period shall be extended until the next working day.
Notwithstanding the above, pursuant to article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. :
" The right of withdrawal shall not apply to contracts relating to:
(a) The provision of services, once the service has been fully performed, and if the contract imposes on the consumer or user an obligation to pay, when performance has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the entrepreneur has fully performed the contract, he will have lost his right of withdrawal.
b) The supply of goods or services whose price is dependent on fluctuations in the financial market which the trader cannot control and which may occur during the withdrawal period.
c) The supply of goods made to the specifications of the consumer and user or clearly personalised.
d) The supply of goods that are likely to deteriorate or expire quickly.
e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
f) The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
(h) Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
(i) The supply of sealed audio or video recordings or sealed software which has been unsealed by the consumer and user after delivery.
j) The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
(k) contracts concluded by means of public auctions
(l) The supply of accommodation services for purposes other than the provision of housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content which is not provided on a tangible medium when performance has begun and, if the contract imposes an obligation on the consumer or user to pay, when the following conditions are met:
(1) The consumer or user has given prior consent to commence performance during the period of the right of withdrawal.
(2) The consumer or user has expressed his or her knowledge that he or she loses his or her right of withdrawal as a result; and
(3) The trader has provided a confirmation in accordance with Article 98 (7) or Article 99 (2)".
In the event of withdrawal, the Customer shall receive, under the conditions set out in Article 13 of this document, a refund for his order, excluding any return postage costs, by the same means of payment that he used to purchase the products. This reimbursement shall not include any return postage costs.
15. Exercising the right of withdrawal
In order to exercise the right of withdrawal, the Customer must inform the Merchant explicitly of his intention, and send him the complete order, in its original undamaged condition and packaging, together with all the accessories delivered.
16. Force majeure
The Merchant declines all liability for failure or delay in the fulfilment of its contractual obligations under the sale of products purchased on https://www.aloe-mallorca.com in the event of events beyond its control, force majeure, or acts of third parties beyond the control of the Merchant.
It is expressly agreed that the following events may constitute force majeure: legislative and regulatory changes, fires, storms, floods, strikes within or outside the Merchant's company, illness, power surges and electrical discharges, breakdowns in refrigeration and computer equipment, blocking and slowing down of electronic communications networks, computer viruses and hacking and, in general, any unforeseeable event beyond the control of the Merchant.
17. Amicable settlement of disputes
All consumers have the right to have free recourse to a consumer mediator for the amicable settlement of any dispute between them and a professional.
At European level, the European Commission provides an online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Disputes relating to the performance of a contract of sale or provision of services between a consumer and a professional are considered.
Applicable law and jurisdiction
Contracts for the sale of products purchased on https://www.aloe-mallorca.com are governed by Spanish law.
Any dispute relating to contracts for the sale of products purchased on behalf of the Website shall be subject to the jurisdiction of the local courts, without prejudice to Article 17 of this document.
18. Information on the Merchant
Company Name: Limited Liability Company (SL)
VAT No.: ESB57610867 Palma de Mallorca
Partita iva ESB57610867
info@aloe-mallorca.com, 971599129
melanie@aloe-mallorca.com