Easy worldwide shipping & hassle-free returns

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Easy worldwide shipping & hassle-free 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

Ownership of this website, apricotte, (hereinafter the “Website”) is held by: Apricotte SL, with Tax ID No. (CIF): B87994034 and registered in: the Madrid Commercial Registry; its registration details are: Volume 36904, Folio 200, Page M-660193, and its contact information is:

Apricotte , LLC

Calle Cidro, 18 – Unit 2C, 28044 Madrid

Email:apricotte

This document (as well as any other documents mentioned herein) sets forth the terms and conditions governing the use of this Website (apricotte) and the purchase or acquisition of products and/or services through it (hereinafter, the “Terms”).

For the purposes of these Terms and Conditions, the activities carried out by Apricotte.com through the Website are understood to include:

  • 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 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 disclaims all liability arising from such access and does not guarantee shipments or the provision of services outside of Spain.

The User may, at their discretion, enter into a sales contract with Apricotte.com for the desired products and/or services 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 shop the Website using the established methods and procedures. They must follow the online purchase and/or order process onapricotte, during which various products and/or services may be selected and added to the shopping cart, basket, or checkout page, and finally click on "shop 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 for a purchase and/or service, i.e., the order confirmation. And, where applicable, they will also be notified via email when their purchase is being shipped. Where applicable, this information may also be made available to the User through their personal account on the Website.

Once the purchase process is complete, the User agrees that the Website may generate an electronic invoice, which will be sent to the User via email. Where applicable, it may also be made available through the User’s personal account on the Website. Likewise, the User may, if they wish, obtain a paper copy of their invoice by requesting it from Apricotte.com using the contact sections on the Website or through the contact information 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 related to transactions conducted on the Website may be archived and stored in Apricotte.com’s computerized records for the purpose of serving as evidence of such transactions, in all cases in compliance with reasonable security standards and the applicable laws and regulations in force, and particularly in accordance with the LOPD and the rights granted to Users under this Website’s privacy policy (Legal Notice and General Terms of Use).

 

  1. AVAILABILITY

All purchase orders received by Apricotte.com through the Website are subject to product availability and/or the absence of any circumstances or events of force majeure (Clause 9 of these Terms and Conditions) that might affect the supply of such products and/or the provision of services. If difficulties arise regarding the supply of products or if products are out of stock, Apricotte.com agrees 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.

In addition, the User may pay all or part of the purchase price using a gift card and/or a prepaid card issued by Apricotte.com and/or Apricotte SL.

Apricotte.com takes every measure to ensure the confidentiality and security of payment information provided by the User during transactions on the Website. To this end, the Website uses an SSL (Secure Socket Layer) secure payment system.

Credit cards are subject to verification and authorization by the issuing bank. If the bank does not authorize the payment, Apricotte.com will not be liable for any delay or failure to deliver and will not be able to enter into a contract with the User.

Once Apricotte.com receives the User’s purchase order through the Website, a pre-authorization will be placed on the applicable card to ensure 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, a gift card, or a store credit card, the charge will be processed when Apricotte.com sends the User a confirmation of the purchase order or the purchase of products and/or services.

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.

Orders in which the User selects bank transfer as the payment method will be held for 5 calendar days from the date of order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by Apricotte.com for the Website. Once 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, as well as the account number and the transfer reference. In the event of an error, Apricotte.com will be unable to process 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, we are unable to meet the delivery date, we will contact the User to inform them of this situation, and the User may choose to proceed with the purchase by setting a new delivery date or cancel the order and receive a full refund of the amount paid. In any case, home deliveries are made on business 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 should contact Apricotte.com to arrange delivery for another day.

If 30 days have passed since your order became available for delivery and it has not been delivered for reasons not attributable to Apricotte.com, Apricotte.com will assume that the User wishes to withdraw from the contract, and the contract will be deemed 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 of 14 days from the date on which the contract is deemed 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 connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if delivery occurs 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 hereby informed that if they notice an error when entering the information required to process their purchase request on the Website, they may correct such information by contacting Apricotte.com through the contact forms provided on the Website, and, where applicable, 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 Apricotte an email to apricotte with theorder number andindicating“return”in the subject line of the email.

Forfree returns within mainland Spain, the APRICOTTE customer service team will ask APRICOTTE to confirm your information before creating a prepaid shipping label, so you can drop off the 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 cancellation, 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 the User used for the initial purchase. 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 from the purchase. TheUser may return or send the products to Apricotte :

      Apricotte , LLC

      18 Cidro Street – Unit 2C,

      28044 Madrid

      You must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Apricotte.com was notified of your decision to cancel.

      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 with a manufacturing defect within 30 calendar days of becoming aware of the product’s lack of conformity, in order to report such lack of conformity. If this period is exceeded, the User shall be liable for any and all damages.

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

      To process a return, the User must contact APRICOTTE email at: apricotte indicating “return” in the subject line of the email, and attaching a photograph and a detailed list of the defects observed in the product(s) you wish to return.

      Once APRICOTTE the User’s notification, it will inform the User within 2–3 business days whether or not the product can be returned. If a return is approved,APRICOTTE the User on how to prepare the package for drop-off at any post office.

      All returned items must be unused and include all original tags, packaging, and accessories. If an item is not returned in this condition, APRICOTTE the right to refuse the return.

      Once the product has been received and the defects verified, APRICOTTE User the option to replace the product with another one of identical specifications. If the product is out of stock, the User may choose between a refund of the amount paid or requesting shipment of another model of their choice with similar specifications.

      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 cancels the contract, APRICOTTE refund the User the full amount paid for the defective product (including shipping costs).

      The timeframe for refunding the amounts paid will depend on the payment method used by the User when shop 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 provided by law, Apricotte.com shall not be liable for the following losses, regardless of their cause:

      • 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 every measure to ensure that products are displayed accurately on the Website; however, it is not responsible for any minor differences or inaccuracies that may arise due to low screen resolution, issues with the browser being used, or other similar factors.
      • Apricotte.com will exercise the utmost diligence in arranging for the delivery of the product covered by the purchase order. However, it shall not be liable for any damages resulting from transportation issues, particularly those caused by strikes, roadblocks, or other industry-specific circumstances that result in delays, loss, or theft of the product.
      • Technical failures, whether due to unforeseeable circumstances or other causes, that prevent the normal operation of the service via the Internet. Unavailability of the Website due to maintenance or other reasons, preventing access to the service. Apricotte.com uses all means at its disposal to facilitate the purchase, payment, and shipping/delivery of products; however, it disclaims liability for causes beyond its control, unforeseeable circumstances, or force majeure.
      • Apricotte.com will not be held liable for misuse and/or wear and tear of products that have been used by the User. Furthermore, Apricotte.com will not be held liable for any 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 fulfilling any of its obligations when such failure or delay is due to events beyond our reasonable control, that is, 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.

      Consequently, obligations will be suspended for as long as the force majeure event continues, and Apricotte.com will be granted an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. Apricotte.com will use all reasonable means to find a solution that allows us to fulfill our obligations despite the force majeure event.

       

      1. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

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

      For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that any contract, notice, information, or other communication sent electronically by Apricotte.com satisfies the legal requirement to be in writing. This provision shall not affect the User’s rights as recognized by law.

      Users may send notifications and/or contact Apricotte.com using the contact information provided in these Terms and Conditions and, where applicable, through the contact sections on the Website.

      Similarly, unless otherwise specified, Apricotte.com may contact and/or notify the User via email or at the mailing address provided.

       

      1. DISCLAIMER

      No waiver by Apricotte.com of any specific right or legal action, nor any failure by Apricotte.com to require the User to strictly comply with any of their obligations, shall constitute a waiver of any other rights or actions arising from a contract or these Terms and Conditions, nor shall it relieve the User of 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 it is expressly stated to be a waiver and is formalized and communicated to the User in writing.


      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 regarding the subject matter of the sale and supersede any prior agreement, understanding, or promise, whether oral or written, between the same parties.

      The User and Apricotte.com acknowledge that they have entered into this agreement without relying on any statement or promise made by the other party, except as expressly set forth in these Terms and Conditions.

       

      1. DATA PROTECTION

      Any personal information or data that the User provides to Apricotte.com during a transaction on the Website will be processed in accordance with the provisions of the data protection policies (Legal Notice and General Terms 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, issue, or disagreement arising out of or in connection with access to, browsing of, and/or use of the Website, or with the interpretation and enforcement of these Terms and Conditions, or with the sales contracts between Apricotte.com and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.

       

      1. COMPLAINTS AND CLAIMS

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

      In addition, Apricotte.com provides official complaint forms for consumers and users, which they may request from Apricotte.com at any time using the contact information provided at the beginning of these Terms and Conditions (General Information).

      Furthermore, if a dispute arises from the conclusion of this purchase agreement between Apricotte.com and the User, the User, as a consumer, may request 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. You can access this method via the website: http://ec.europa.eu/consumers/odr/.