EU DELIVERY AND EASY RETURNS

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EU DELIVERY AND EASY RETURNS

General terms and conditions of sale

TABLE OF CONTENTS
  1. GENERAL INFORMATION
  2. THE USER
  3. PURCHASE OR ACQUISITION PROCESS
  4. AVAILABILITY
  5. PRICES AND PAYMENT
  6. DELIVERY
  7. TECHNICAL MEANS FOR CORRECTING ERRORS
  8. RETURNS
  9. DISCLAIMER
  10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
  11. DISCLAIMER
  12. NULLITY
  13. FULL AGREEMENT
  14. DATA PROTECTION
  15. APPLICABLE LAW AND JURISDICTION
  16. COMPLAINTS AND CLAIMS

 

  1. GENERAL INFORMATION

The ownership of this website, www.apricotte.com(hereinafter, the Website) is held by: Apricotte Vision SL, with Tax ID Number (CIF): B87994034 and registered in: the Commercial Registry of MADRID; and its registration details are: Volume 36904, Folio 200, Page M-660193, whose contact details are:

Apricotte Vision, LLC

Calle Cidro, 18 – Unit 2C, 28044 Madrid

email: hello@apricotte.com

This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (www.apricotte.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Terms and Conditions, it is understood that the activity carried out by Apricotte.com through the Website includes:

  • Retail marketing and distribution of eyewear and accessories.
  • Marketing and distribution of fashion items and accessories.

In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the following sections:

  • Legal Notice and General Terms and Conditions of Use, including Apricotte.com's privacy and data protection policy.
  • Cookie policy,

By using this Website or by purchasing and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by all of the above. Therefore, if you do not agree with all of the above, you should not use this Website.

Likewise, please note that these Terms and Conditions may be modified. Users are responsible for consulting them each time they access, browse, and/or use the Website, as those Terms and Conditions that are in force at the time of requesting the purchase of products and/or services will be applicable.

For any questions that the User may have regarding the Terms and Conditions, they may contact the owner using the contact details provided above or, where applicable, using the contact form.


  1. THE USER

Accessing, browsing, and using the Website confers the status of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), and therefore, from the moment you begin browsing the Website, you accept all the Conditions set forth herein, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as applicable.

The User assumes responsibility for the proper use of the Website. This responsibility extends to:

  • Use this Website solely for making legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be canceled and the relevant authorities will be informed.
  • Provide accurate and lawful contact details, such as email address, postal address, and/or other details (see Legal Notice and General Terms and Conditions of Use).

The User declares that they are over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is primarily intended for Users residing in Spain. Apricotte.com does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Apricotte.com declines all responsibility that may arise from such access, nor does it guarantee shipments or the provision of services outside Spain.

The User may, at their discretion, formalize the contract of sale for the desired products and/or services with Apricotte.com in any of the languages in which these Terms and Conditions are available on this Website.

 

  1. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase on the Website by the means and methods established. They must follow the online purchase and/or acquisition procedure at www.apricotte.com, during which various products and/or services may be selected and added to the cart, basket, or final purchase space, and finally click on "buy and pay now."

Likewise, the User must fill in and/or check the information requested at each step, although during the purchase process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that Apricotte.com has received their order or request to purchase and/or provide the service, i.e., the order confirmation. And, where applicable, they will also be informed by email when their purchase is being shipped. Where applicable, this information may also be made available to the User through their personal space when they log in to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email. And, where applicable, through their personal space on the Website. Likewise, the User may, if they so wish, obtain a paper copy of their invoice by requesting it from Apricotte.com using the contact spaces on the Website or through the contact details provided above.

The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale relating to the product and/or service in question, which are displayed alongside the presentation or, where applicable, image of the product or service on the Website page, indicating, by way of example, but not limited to, and depending on each case: name, price, components, quantity, color, product details, or characteristics, how they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders, and payments involved in transactions carried out on the Website may be archived and stored in Apricotte.com's computerized records for the purpose of providing proof of the transactions, in all cases complying with reasonable security conditions and the applicable laws and regulations in force in this regard, and particularly in accordance with the LOPD and the rights of Users under this Website's privacy policy (Legal Notice and General Terms and Conditions of Use).

 

  1. AVAILABILITY

All purchase orders received by Apricotte.com through the Website are subject to product availability and/or to no circumstances or causes of force majeure (clause nine of these Terms and Conditions) affecting the supply of the same and/or the provision of services. If there are difficulties in supplying products or there are no products left in stock, Apricotte.com undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.

 

  1. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied due to legal requirements, particularly with regard to VAT.

However, unless otherwise specified, the prices of the items offered do not include shipping costs, which may be incurred and will be added to the total amount due when the User processes the shipping procedure, where the User will consult the available shipping methods and costs and freely choose the one that best suits their needs.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.

Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.

Accepted payment methods are: Credit or debit card, PayPal, and bank transfer. and bank transfer.

Likewise, the User may pay all or part of the purchase price with a gift card and/or a gift certificate issued by Apricotte.com and/or Apricotte Vision SL.

Apricotte.com uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions via the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank. If the bank does not authorize the payment, Apricotte.com will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User.

Once Apricotte.com receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged when the shipping confirmation and/or order confirmation is sent to the User.

If the payment method is PayPal, gift card, or store card, the charge will be made when Apricotte.com sends a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "complete order," the User confirms that the payment method used is theirs or that, where applicable, they are the legitimate holder of the gift card or store card.

Purchase orders or acquisitions in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the confirmation of the order in order to allow sufficient time for the bank transfer to be taken into account by the payment system used by Apricotte.com for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

When using this payment method, the User must ensure that they enter the exact amount of the purchase order correctly, as well as the account number and transfer reference. In the event of an error, Apricotte.com will not be able to validate the order, which will be canceled.

 

  1. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands), Portugal, France, Germany, Italy, Belgium, Luxembourg, Holland, Great Britain, Austria, Poland, Czech Republic, Denmark, Hungary, and Switzerland.

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, circumstances arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in exceptional cases, within a maximum period of 30 calendar days from the date of order confirmation.

If, for any reason attributable to Apricotte.com, it is unable to meet the delivery date, it will contact the User to inform them of this circumstance and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.

If the User will not be at the delivery location during the agreed time slot, they must contact Apricotte.com to arrange delivery on another day.

If 30 days pass from the date your order is available for delivery and it has not been delivered for reasons not attributable to Apricotte.com, Apricotte.com will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be refunded, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery method offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the resolution may incur an additional cost that may be passed on to them.

For the purposes of these Terms and Conditions, delivery shall be deemed to have taken place or the order shall be deemed to have been delivered at the moment when the User or a third party designated by the User acquires physical possession of the products, which shall be evidenced by the signature of the order receipt at the agreed delivery address.

Any risks associated with the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when Apricotte.com receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after Apricotte.com has received full payment of the amount due.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

In this regard, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006, on the common system of VAT, purchase orders shall be located, for delivery and/or provision, in the Member State of the European Union where the address on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.

For orders destined for the Canary Islands, deliveries will be exempt from VAT in accordance with Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. Users should bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these may be payable by them.

For all other locations, other than those mentioned above, where purchase orders are located for delivery and/or provision, the regulations in force at any given time shall apply. Users should bear in mind that this could result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these could be borne by them. For further information, the User should contact the customs office at the destination.

 

  1. TECHNICAL MEANS FOR CORRECTING ERRORS

Users are informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify it by contacting Apricotte.com through the contact spaces provided on the Website and, where appropriate, through those provided for contacting customer service. Likewise, this information may also be corrected by the User through their personal account on the Website.

In any case, before clicking on "Complete order," the User has access to the space, cart, or basket where their purchase requests are recorded and can make changes.

Similarly, Users are referred to the Legal Notice and General Conditions of Use for further information on how to exercise their right of rectification in accordance with Organic Law 15/1999 of December 13 on the Protection of Personal Data.

  1. RETURNS

Users who purchase products through the Website may terminate the contract without having to justify their decision within 14 calendar days.

To exercise this right of withdrawal, the User must notify Apricotte of their decision by sending an email to hello@apricotte.com with theorder number andindicating"return" in the subject line of the email.

Forfree returns within mainland Spain, APRICOTTE's customer service team will ask you to confirm your details before creating a prepaid label, so you can drop off your package at any Correos location.

    For orders outside the Peninsula, returns are not included. Users can use the method that suits them best or request to use our rates, which are usually similar to the shipping rates.

      Regardless of the means chosen to communicate their decision, Users must clearly and unequivocally express their intention to withdraw from the purchase contract. To comply with the withdrawal period, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding period expires.

      In the event of withdrawal, Apricotte.com will refund the User all payments received,excluding shipping costs. 

      If shipping was free for a purchase over €99, but after returning some of the items, the total paid by the customer is not equal to or greater than that amount, the customer will be responsible for the shipping costs. For example, if the customer purchased two pairs of glasses and wanted to return one, resulting in a total amount of less than €99, the amount corresponding to the shipping costs paid when purchasing only that item will be deducted from the refund.

      Apricotte.com will refund the User using the same payment method used by the User to make the initial purchase transaction. This refund will not incur any additional costs for the User. However, Apricotte.com may withhold the refund until it has received the products or items purchased. TheUser may return or send the products to Apricotte at:

      Apricotte Vision LLC

      18 Cidro Street – Unit 2C,

      28044 Madrid

      And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Apricotte.com was informed of the decision to withdraw.

      Once the refund process has been completed, you will receive a confirmation email.

      Important Notes

      For the return to be accepted, it is essential that the product is returned in perfect condition, without any damage due to improper use, and in the same condition in which it was delivered, retaining both its original box and its initial contents (cleaning cloths, promotional content, and/or other items included). 

      In the event that any of the above requirements are not met, we will understand that the product has suffered depreciation due to the following reasons and the full amount will not be refunded.

      *Penalty for packaging: €4. Penalty for any other item (cleaning cloth, cards): €2. Penalty for cover: €4.

      In the event that any return is rejected, the customer will have 3 months to collect and/or withdraw their order from the central facilities, bearing the costs of collection. If it has not been collected within 3 months, the package will be donated to charity. 

      Order return - Defective product

      The User may return to APRICOTTE, at no cost, any product that has a manufacturing defect within 30 calendar days from the date on which they became aware of the non-conformity of the product in order to report its non-conformity. If this period is exceeded, any damages shall be borne by the User.

      The return of products with manufacturing defects will not incur any additional cost to the User.

      To formalize the return, the User must contact APRICOTTE via email: hello@apricotte.com indicating "return" in the subject line of the email, attaching a photograph and a detailed list of the defects found in the product(s) they wish to return.

      Once APRICOTTE receives the User's notification, it will inform them within 2-3 business days whether or not the product can be returned. If the return is accepted, APRICOTTEwill instruct the User on how to prepare the shipment for delivery at any post office.

      Each product to be returned must be unused, with labels, packaging, and original elements. If it is not received in this condition, APRICOTTE reserves the right to refuse the return.

      Once the product has been received and the defects verified, APRICOTTE will give the User the option of replacing the product with another of identical characteristics. If there is no stock available, the User may choose between a refund of the amount paid or requesting the shipment of another model of their choice with similar characteristics.

      The new product will be delivered within 3-5 business days of confirming to the User the replacement of the defective product or the shipment of the new one. This new shipment will not incur any additional costs for the User.

      If the User terminates the contract, APRICOTTE will refund the User the full amount paid for the purchase of the defective product (including shipping costs).

      The timeframe for refunding the amounts paid will depend on the payment method used by the User when purchasing the product:

      -If the User has made the payment by credit/debit card, we will refund the amount paid within 14 calendar days from the date on which the User decided to terminate the contract.

      -If the User has made the payment via PayPal, we will refund the amount paid within 24-48 business hours from the moment the User decided to terminate the contract.

       

      1. DISCLAIMER

      Unless otherwise required by law, Apricotte.com shall not be liable for any of the following losses, regardless of their origin:

      • any losses that were not attributable to any breach on your part,
      • business losses (including loss of profits, income, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred), or
      • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

      Similarly, Apricotte.com also limits its liability in the following cases:

      • Apricotte.com takes all measures to provide an accurate representation of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to screen resolution, browser issues, or other similar factors.
      • Apricotte.com will act with the utmost diligence to make the product ordered available to the company responsible for its transport. However, it is not liable for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and in general any other causes specific to the sector, which result in delays, losses, or theft of the product.
      • Technical failures that, due to unforeseen circumstances or other reasons, prevent the normal functioning of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent the service from being available. Apricotte.com makes every effort to carry out the process of purchase, payment, and shipping/delivery of products, but is not liable for causes beyond its control, unforeseeable circumstances, or force majeure.
      • Apricotte.com shall not be held liable for misuse and/or wear and tear of products that have been used by the User. Likewise, Apricotte.com shall not be held liable for incorrect returns made by the User. It is the User's responsibility to return the correct product.
      • In general, Apricotte.com shall not be liable for any failure or delay in the performance of any of its obligations when this is due to events beyond our reasonable control, i.e., due to force majeure, which may include, but is not limited to:
        • Strikes, lockouts, or other protest measures.
        • Civil unrest, revolt, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparations for war.
        • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
        • Inability to use trains, ships, planes, motorized transport, or other means of transport, whether public or private.
        • Inability to use public or private telecommunications systems.
        • Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

      In this way, obligations will be suspended during the period in which the force majeure continues, and Apricotte.com will have an extension in the deadline to fulfill them for a period of time equal to the duration of the force majeure. Apricotte.com will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure.

       

      1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

      By using this Website, the User agrees that most communications with Apricotte.com will be electronic (email or notices posted on the Website).

      For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications sent electronically by Apricotte.com comply with the legal requirements of being in writing. This condition shall not affect the User's statutory rights.

      The User may send notifications and/or communicate with Apricotte.com using the contact details provided in these Terms and Conditions and, where applicable, through the contact areas on the Website.

      Similarly, unless otherwise stipulated, Apricotte.com may contact and/or notify the User at their email address or postal address provided.

       

      1. DISCLAIMER

      No waiver by Apricotte.com of any specific right or legal action, or failure by Apricotte.com to require strict compliance by the User with any of their obligations, shall constitute a waiver of other rights or actions arising from a contract or the Terms and Conditions, nor shall it exempt the User from compliance with their obligations.

      No waiver by Apricotte.com of any of these Terms or of any rights or remedies arising from a contract shall be effective unless expressly stated to be a waiver and is in writing and delivered to the User.


      1.  NULLITY

      If any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force and shall not be affected by said declaration of nullity.

       

      1. FULL AGREEMENT

      These Terms and Conditions and any document expressly referred to herein constitute the entire agreement between the User and Apricotte.com in relation to the object of sale and supersede any other prior agreement, understanding, or promise agreed upon verbally or in writing by the same parties.

      The User and Apricotte.com acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.

       

      1. DATA PROTECTION

      The personal information or data that the User provides to Apricotte.com in the course of a transaction on the Website will be processed in accordance with the provisions of the data protection policies (Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is accurate.

       

      1. APPLICABLE LAW AND JURISDICTION

      Access, browsing, and/or use of this Website and contracts for the purchase of products through it shall be governed by Spanish law.

      Any dispute, problem, or disagreement arising from or related to access, browsing, and/or use of the Website, or to the interpretation and execution of these Terms and Conditions, or to the sales contracts between Apricotte.com and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

       

      1. COMPLAINTS AND CLAIMS

      Users may send Apricotte.com their complaints, claims, or any other comments they wish to make using the contact details provided at the beginning of these Terms and Conditions (General Information).

      In addition, Apricotte.com has official complaint forms available to consumers and users, which they can request from Apricotte.com at any time using the contact details provided at the beginning of these Terms and Conditions (General Information).

      Likewise, if a dispute arises from the conclusion of this purchase contract between Apricotte.com and the User, the User, as a consumer, may request an out-of-court dispute resolution, in accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC. This method can be accessed via the website: http://ec.europa.eu/consumers/odr/.