General sales conditions

INDEX
  1. GENERAL INFORMATION
  2. THE USER
  3. PURCHASE OR ACQUISITION PROCESS
  4. AVAILABILITY
  5. PRICES AND PAYMENT
  6. DELIVERY
  7. TECHNICAL MEANS TO CORRECT ERRORS
  8. RETURNS
  9. DISCLAIMER OF LIABILITY
  10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
  11. RESIGNATION
  12. NULLITY
  13. ENTIRE AGREEMENT
  14. DATA PROTECTION
  15. APPLICABLE LEGISLATION AND JURISDICTION
  16. COMPLAINTS AND CLAIMS

 

  1. GENERAL INFORMATION

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

Apricotte Vision S.L

Calle Cidro, 18 - Nave 2C, 28044 Madrid

Tel. +34692809432

email: hello@apricotte.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.apricotte.com) and the purchase or acquisition of products and / or services therein (in below, Conditions).

For the purposes of these Conditions, it is understood that the activity that Apricotte.com develops through the Website includes:

  • Marketing and distribution of glasses and retail accessories.
  • Marketing and distribution of fashion items and accessories.

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

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

and by using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if they do not agree with all of this, you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website, since those that are in force at the time the purchase of products and / or services are requested will be applicable.

For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.


  1. THE USER

Access, navigation and use of the Website, confers the condition of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes her responsibility for a correct use of the Website. This responsibility will extend to:

  • Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be canceled and the relevant authorities informed.
  • Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).

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

The Website is aimed mainly at Users residing in Spain. Apricotte.com does not ensure that the Website complies with the laws of other countries, either totally or partially. Apricotte.com declines any responsibility that may arise from such access, nor does it ensure shipments or provision of services outside of Spain.

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

 

  1. PURCHASE OR ACQUISITION PROCESS

Duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of www.apricotte.com, during which several products and / or services can 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 that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Next, the User will receive an email confirming that Apricotte.com has received their order or request to purchase and / or provide the service, that is, the order confirmation. YIn your case, you will also be informed by email when your purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has been completed, the User consents that the Website generates an electronic invoice that will be sent to the User via email. And, where appropriate, through your personal connection space to the Website. Likewise, the User may, if she so wishes, obtain a copy of her paper invoice, requesting it from Apricotte.com using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being up-to-date, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and which are shown next to the presentation or, where appropriate, its image on the page of the Website, indicating, by way of example, but not exhaustive, and according to each case: name, price, components, quantity, color, details of the products, or characteristics, way in which they will be carried out and / or cost of benefits; and acknowledges that the completion of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Apricotte.com in order to constitute a means of proof of the transactions, in any case, respecting the Reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account the LOPD and the rights of Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions of Use ).

 

  1. AVAILABILITY

All purchase orders received by Apricotte.com through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects the supply thereof and / or the provision of services. If there are difficulties in the supply of products or there are no products in stock, Apricotte.com undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also be applicable in cases where the provision of a service becomes unfeasible.

 

  1. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless a different matter is indicated and applied by legal requirement, especially in relation to VAT.

However, and unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount due to the time of managing the shipping procedure by the User, and where he will consult the available shipping methods and costs and will freely choose the one that suits him best.

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

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

The accepted means of payment will be: Credit or debit card and PayPal and Bank transfer.

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

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

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Apricotte.com will not be responsible for any delay or lack of delivery 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 charge on the card will be made at the time the shipment confirmation and / or order confirmation is sent to the User.

If the means of payment is Paypal, gift card or credit card, the charge will be made at the time 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 "finish order" the User confirms that the payment method used is her or that, where appropriate, she is the legitimate owner of the gift card or credit card.

The purchase or acquisition orders in which the User selects the bank transfer as a means of payment will be reserved for 5 calendar days from the order confirmation in order to allow enough time for the bank transfer to be taken into account by the system of payments used by Apricotte.com for the Website. When the system receives the transfer, the order will be prepared and managed for shipping.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, Apricotte.com will not be able to validate the order, which will be canceled.

 

  1. DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands), Portugal, France, Germany, Italy, Belgium, Luxembourg, Holland, Great Brittany, Austria, Poland, Czech Republic, Denmark, Hungary and Switzerland.

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products 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 extraordinary cases, within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, attributable to it, Apricotte.com could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with 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 could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact Apricotte.com to arrange delivery another day.

In the event that 30 days have elapsed since 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 resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 days from the date the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by means of the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will 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 it takes place in a moment after the full receipt of the amount being paid by Apricotte.com.

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

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

In orders to the Canary Islands, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations each of these territories. The User must bear in mind that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be on their part.

For the rest of locations, different from the previous ones, where the purchase orders will be located, for their delivery and / or provision, the current regulations will be applied at all times; The User must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be on their part. For more information, the User must go to the customs office at the destination.

 

  1. TECHNICAL MEANS TO CORRECT ERRORS

The User is made aware that if they detect that an error has occurred when entering the data necessary to process their purchase request on the Website, they can modify them by contacting Apricotte.com through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact customer service. Likewise, this information could also be corrected by the User through their personal connection space to the Website.

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

In the same way, the User is sent to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.


  1. RETURNS

In the cases in which the User purchases products on or through the owner's Website, they are assisted by a series of rights, as listed and described below:

Right of withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Apricotte.com Website or in the event that the goods make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order.

PTo exercise this right of withdrawal, the User must notify Apricotte.com of her decision. You can do so, where appropriate, through the contact spaces provided on the Website or through:

Apricotte Vision S.L

Calle Cidro, 18 - Nave 2C, 28044 Madrid

Tel. +34692809432

email: hello@apricotte.com

The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract.

To meet the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, Apricotte.com will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a delivery method other than the less expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date of the date on which Apricotte.com is informed of the User's decision to withdraw.

Apricotte.com will reimburse the User using the same payment method that the User used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Apricotte.com could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to Apricotte.com at:

Apricotte Vision S.L

Calle Cidro, 18 - Nave 2C, 28044 Madrid

Tel. +34692809432

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

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any is incurred as established in the SHIPPING AND RETURNS section of this website. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as set forth in article 103 of 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. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as factory-sealed; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Apricotte.com, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact Apricotte. com immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same. .

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is appropriate.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be observed.

Guarantee

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the legally established terms for each type of product, Apricotte.com responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by Apricotte.com and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily used; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is dealing with a defective product, he or she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal guarantee right directly against them during the two years following the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.

 

  1. DISCLAIMER OF LIABILITY

Unless legal provision to the contrary, Apricotte.com will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any breach on your part,
  • business losses (including lost profits, income, contracts, anticipated savings, data, loss of 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.

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

  • Apricotte.com applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used. or others of this nature.
  • Apricotte.com will act with the utmost diligence to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent a normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Apricotte.com puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseeable circumstances or force majeure.
  • Apricotte.com will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Apricotte.com will not be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
  • In general, Apricotte.com will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, they are due to force majeure. , and this may include, by way of example but not exhaustive:
    • Strikes, lockouts or other industrial action.
    • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
    • Inability to use public or private telecommunication systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure continues, and Apricotte.com will have an extension in the term 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 accepts that most of the communications with Apricotte.com are electronic (email or notices published 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 that Apricotte.com sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Apricotte.com through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.

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

 

  1. RESIGNATION

No waiver by Apricotte.com to a specific right or legal action or the lack of requirement by Apricotte.com of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or from the Conditions, nor will the User exonerate from compliance with their obligations.

No resignation by Apricotte.com to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.


  1. NULLITY

If any of these Conditions were declared null and void by a final resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

 

  1. ENTIRE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Apricotte.com in relation to the object of sale and replace any other previous pact, agreement or promise agreed verbally or in writing by the same parts.

The User and Apricotte.com acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

 

  1. DATA PROTECTION

The information or personal data that the User provides to Apricotte.com in the course of a transaction on the Website, will be treated 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 said information and data and declares that all the information or data provided are true.

 

  1. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Apricotte.com and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

  1. COMPLAINTS AND CLAIMS

The User can send to Apricotte.com their complaints, claims or any other comment they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, Apricotte.com has official complaint forms available to consumers and users, and which they can request from Apricotte.com at any time, using the contact information provided at the beginning of these 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 EU Regulation No. 524/2013 of the European Parliament and of the Council , of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC. You can access this method through the website: http://ec.europa.eu/consumers/odr/.