Introduction:
The purpose of these General Terms and Conditions (hereinafter referred to as "GTC") is to regulate the contractual relationship between the company Aloe Vera Farm Mallorca S.L. (hereinafter referred to as the "Merchant") and any person who makes a purchase (hereinafter referred to as the "Customer") on the Website https://aloe-vera-farm-mallorca.mypresta.shop/de (hereinafter referred to as the "name of the website").
If the customer has any questions about the GTC or the privacy policy, they can contact customer service at the following e-mail address Support@aloe-mallorca.com.
1. Acceptance of the GTC
Through the use of https://aloe-vera-farm-mallorca.mypresta.shop/de or placing an order via this website, the customer agrees to these GTC and the privacy policy without restriction or reservation.
Before the customer can place an order, they must check the box "I confirm that I have read and accept the General Terms and Conditions and the Privacy Policy".
2. Independence of clauses
The revocation of a clause of the GTC shall not affect the validity of the GTC as a whole.
3. Amendment of the AVB
The Merchant reserves the right to amend these Terms and Conditions at any time and such amendments, if any, shall come into effect as soon as they become effective https://aloe-vera-farm-mallorca.mypresta.shop/de be published. The new GTC apply to every new order.
4. Intellectual property
The content of the website https://aloe-vera-farm-mallorca.mypresta.shop/de (logos, texts, brands, images and videos) is the intellectual property of the retailer. Any reproduction, in whole or in part, is prohibited without the express prior permission of the retailer.
5. Availability of products
Every order placed via https://aloe-vera-farm-mallorca.mypresta.shop/de is placed depends on the availability of the products. If the products are not available after the order has been placed, the customer will be notified that the order has been canceled at the e-mail address provided for the order. The retailer reserves the right to withdraw its products from https://aloe-vera-farm-mallorca.mypresta.shop/de and to change any information or illustrations at any time.
The description of the products on https://aloe-vera-farm-mallorca.mypresta.shop/de does not constitute a contractual document. In the event of deviations that do not affect the essential characteristics of the products, the dealer therefore declines all responsibility.
6. Prices and shipping costs
The on https://aloe-vera-farm-mallorca.mypresta.shop/de the prices indicated are in EUR € but do not include shipping costs. Therefore, shipping costs, if applicable, will be added to the total amount to be paid by the customer in accordance with Article 7 of this document.
The retailer reserves the right to change prices at any time. In such a case, the price change shall only apply to future orders and not to orders already in progress.
In the event of a pricing error, the Merchant reserves the right to correct 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 modalities
Provided that the products are available (see Article 5 of this document), the retailer undertakes to deliver the customer's order to the e-mail address provided by the customer within 30 days of receipt of the order confirmation.
It is the customer's responsibility to check the condition of the products and the conformity of the order upon delivery. In case of non-conformity, the customer is obliged to contact customer service at the following e-mail address: Support@aloe-mallorca.com.
When ordering, the customer must select their preferred shipping method from the options listed on https://aloe-vera-farm-mallorca.mypresta.shop/de offered. The delivery costs can be viewed on the websites of the transport companies.
8. Means of payment
The means of payment listed on the website at the following address are available: https://aloe-vera-farm-mallorca.mypresta.shop/de.
The retailer reserves the right to change this list at any time without affecting current orders.
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, without prior notice, a penalty for late payment equal to three times the legal interest rate. The amount of interest for late payment shall be calculated on the basis of the amount still to be paid, including taxes, and shall take effect after the expiry of the payment period provided for in this article.
9. Formation of the contract
By placing an order on https://aloe-vera-farm-mallorca.mypresta.shop/de the customer guarantees that he/she is at least 18 (eighteen) years old and has legal capacity.
The customer guarantees that he is a trader placing an order in the course of his professional activity. These GTCS are intended for professionals acting exclusively in the course of their professional activity. It is expressly stated that the GTCS are only applicable to sales to a professional buyer acting in the course of his professional activity and that he has no right of withdrawal.
To place an order, the Customer confirms his shopping cart and proceeds to payment as provided for in Article 7 of this document. A sales contract between the customer and the retailer is only concluded when the customer receives an email confirming their order at the email address they have provided.
It is the customer's responsibility to check the accuracy of the contents of the order before confirming the shopping cart and making payment. The customer has the option to change the shopping cart before confirming it and proceeding with the payment of the order.
10. Rejection of the order
The retailer reserves the right to refuse any order.
11. Transfer of ownership
The ordered products remain the property of the retailer until the customer has paid the amount of the order and the shipping costs.
The transfer of risk takes place with the 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 fulfill its obligations under the legal warranty. The Customer may contact the after-sales service in accordance with Article 7 of this document and must make use of its legal guarantee within two months of delivery of the order. The Customer is free to ask Customer Service to replace the non-conforming order or to return the order and request a refund of the amount of the defective products. In the event of a return, the customer must expressly inform the retailer and return the complete order in its original undamaged condition and packaging, together with all the accessories supplied.
13. Hidden defects
In accordance with Article 11 of this document, the Customer may contact Customer Service if, at the time of delivery, they discover defects in the order that render the products unusable. In this case, the Customer may request a price reduction from Customer Service or return the order for a refund of the defective Products. In the event of a return, the customer must expressly inform the retailer of their withdrawal and return the complete order in its original, undamaged condition and in its original packaging, together with the accessories supplied.
14. Right of revocation
In accordance with article 102 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the customer may withdraw without giving any reason within fourteen (14) days from the date of receipt of the order.
In the case of an order relating to several goods that are delivered separately within a certain period of time, the period shall commence upon receipt of the last goods 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 to the next working day.
Notwithstanding the foregoing, pursuant to article 103 of Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, the following is established :
"The right of withdrawal does not apply to contracts for:
(a) the provision of services, if the service has been fully performed and the contract imposes an obligation to pay on the consumer or user when performance has begun, with the consumer's or user's prior express consent and in the knowledge that he will lose his right of withdrawal as soon as the trader has fully performed the contract.
b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market which the trader cannot control and which may occur during the withdrawal period.
c) The delivery of goods that are manufactured according to the specifications of the consumer and user or are clearly tailored to personal needs.
d) Delivery of goods that can spoil or expire quickly.
e) Delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery.
f) delivery of goods that have been inseparably mixed with other goods after delivery, taking into account their nature.
g) The supply of alcoholic beverages, the price of which was agreed when the purchase contract was concluded and which cannot be delivered within 30 days and the actual value of which depends on market fluctuations over which the trader has no influence.
(h) contracts where the consumer and user have expressly requested the trader to visit them for urgent repair or maintenance purposes; if, during such a visit, the trader provides services in addition to those expressly requested by the consumer or supplies goods other than spare parts necessary for carrying out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
(i) The delivery of sealed audio or video recordings or sealed software that 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 in the context of public auctions
(l) The provision of accommodation services for purposes other than the provision of housing, transportation of goods, car rental, catering or services related to leisure activities, where the contracts provide for a specific date or period of performance.
m) The supply of digital content which is not supplied on a tangible medium, when the performance has begun and when the contract obliges the consumer or user to pay, if the following conditions are met:
(1) The consumer or user has previously consented to the execution of the contract commencing during the period of the right of withdrawal.
(2) The consumer or user has expressed his knowledge that he thereby loses his right of withdrawal, 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 will receive a refund for their order, excluding any return costs, using the same means of payment used to purchase the products, under the conditions set out in Article 13 of this document. This refund does not include the cost of the return shipment.
15. Exercising the right of withdrawal
In order to exercise the right of withdrawal, the customer must expressly inform the retailer of his intention and send him the complete order in its original undamaged condition and in its original packaging together with all the accessories supplied.
16. Force majeure
The retailer declines all liability for the non-fulfillment or delay of its contractual obligations arising from the sale of the products listed on https://aloe-vera-farm-mallorca.mypresta.shop/de the retailer shall not be liable for the products purchased in the event of events beyond its control, such as force majeure or acts of third parties beyond the retailer's control.
It is expressly agreed that the following events may be considered force majeure: Changes in laws and regulations, fires, storms, floods, strikes inside or outside the merchant's business, diseases, pandemics, power surges and electrical discharges, breakdowns of refrigeration and computer equipment, blockage and slowdown of electronic communication networks, computer viruses and hacking and, in general, any unforeseeable event beyond the merchant's control.
17. Amicable settlement of disputes
All consumers have the right to turn to a consumer arbitrator free of charge for the amicable settlement of disputes between them and a trader.
At European level, the European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
It is responsible for disputes in connection with the fulfillment of a sales or service contract between a consumer and a trader.
Applicable law and place of jurisdiction
Contracts for the sale of products based on https://aloe-vera-farm-mallorca.mypresta.shop/de are subject to Spanish law.
All disputes 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 about the retailer
Company name: Limited liability company (SL)
SALES TAX NUMBER: ESB57610867
Sales tax identification number ESB57610867
info@aloe-mallorca.com, +34971599129
Support@aloe-mallorca.com