General Conditions of Sale


Article 1 : Application and opposability of general sales conditions
Article 2 : Ordering
Article 3 : Delivery
Article 4 : Receipt
Article 5: Right of withdrawal
Article 6: Returns and complaints procedures
Article 7 : Pricing
Article 8 : Legal disputes

Article 1 : Application and opposability of general sales conditions

1.1 The present General Conditions of Sale shall apply to all contracts concluded between - the visitor to the website www.aquarelle.es who has placed an on-line order, hereinafter called the purchaser and - Aquarelle.es, hereinafter called the vendor.
1.2 The present General Conditions of Sale are hereby systematically brought to the attention of the purchaser/visitor to the website www.aquarelle.es before the said visitor/purchaser shall be able to place an order
1.3 By the placing of an order, the purchaser declares, in other words, his full and unconditional agreement to the present General Conditions of Sale.
1.4 The purchaser shall not be able to invoke any other documents originating with the vendor, such as catalogues or brochures that at all times shall be regarded as having a mere indicative value. For this reason, the purchaser shall not be able to impose on the vendor any alternative conditions, unless the vendor shall expressly have accepted such alternative conditions in writing, regardless of the moment in which this was communicated to the purchaser.
1.5 The fact that the vendor has not at a given moment invoked one or more of the present General Conditions of Sale shall not denote any waiver of the vendor’s rights which are contained therein, or preclude the possibility of a later invocation of the said conditions.

Article 2 : Ordering

2.1 The purchaser shall be responsible for any information, which he has given to the vendor when placing an order. The vendor shall not in any circumstances be able to be held liable for the fact that he has not been able to deliver the goods sold or to deliver them on time, if it transpires that the name and address of the recipient were not entered correctly.
2.2 All orders are placed subject to their acceptance by the vendor and it is essential that the purchaser should confirm his order by paying the agreed price.
2.3 The purchaser shall not be able to invoke the right to abandon his purchase, as laid down in article 80 § 4,2° of the Law of 14 July 1991 concerning business practices and the giving of information to and the protection of the consumer. Hence, in view of the type of goods sold (freshness), the purchaser shall not be able to relinquish his purchase, or modify his order for the goods and any sums already paid shall be acquired to the vendor.
2.4 The availability of the goods quoted for, shall be limited to the stocks present in the vendor’s warehouses. In the event of stocks becoming exhausted, the vendor shall be validly able to fulfil his obligations by means of supplying different goods possessing the same properties in terms of size and quality, as those of the no longer available goods.

Article 3 : Delivery

3.1 Delivery shall be regarded as having been made within the agreed space of time, either through the delivery of the goods to the address indicated, or, in the event of the absence of the recipient, through leaving a report stating the option of collecting them. In the latter case, the goods sold shall be collected within two days, in view of their limited keeping qualities.
3.2 The delivery date shall be stated as accurately as possible. The vendor shall not, however be able to be held liable for late deliveries. Except in cases of force majeure, the contract of sale shall be able to be cancelled, if the delivery is made more than four hours later than the stated delivery time. In that event, the purchaser shall only be able as a maximum, to claim the repayment of the price, which he has paid, to the exclusion of any other compensation.
3.3 Moreover, the following cases of force majeure shall relieve the vendor of his obligation to deliver the goods, namely, war, riot, fire, strikes, accidents and his inability to obtain stocks from his normal suppliers.
3.4 In addition, the vendor shall be free to defer delivery in the following circumstances, namely, disruptions of the internal network, disruptions of telephone communications, disruptions in the (problematic) access to Internet and the like. The performance of the contract shall be deferred pending the removal of the disruption and/or the restoration of access to Internet, without the purchaser being able to invoke the termination of the agreement and/or compensation for damage.
3.5 In all circumstances, the vendor shall only be obliged to make a delivery, if the purchaser has complied with all his obligations towards the vendor.

Article 4 : Receipt

4.1 In view of the type of goods sold, any complaint concerning them in addition to a complaint concerning their freshness, shall reach the vendor within two days of the arrival of the said goods.
4.2 The liability of the vendor shall in all cases, as a maximum, be limited to the repayment of the price paid, to the exclusion of any other compensation.

Article 5: Right of withdrawal

he agreement of Aquarelle must be obtained prior to any Products being returned.

Depending on the nature of the product ordered, the buyer is allowed the following time limits to exercise their right of withdrawal without having to justify their reason or pay penalties, except, where appropriate, the costs of returning the goods:

  • Bouquets and plants: 48 hours
  • Chocolates, fruit pastes, crystallised fruits: 48 hours
  • Bouquets, plants + chocolates, fruit pastes, crystallised fruits: 48 hours
The above-mentioned time limits run from the receipt of the order. When the time limit expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until the next business day. When the right of withdrawal is exercised, Aquarelle must refund the buyer without delay and at most within fourteen days from the date on which Aquarelle is informed of the decision of the customer to retract. After this date, the sum due automatically becomes interest-bearing.

Aquarelle must be notified of the decision to exercise the right of withdrawal via the form to be found in Appendix 1 of the Terms and Conditions and sent to the Client on a durable medium.
Any product returned in its original packaging shall be fully refunded.

Article 6: Returns and complaints procedures

6.1 Contractual guarantee

Any return accepted by Aquarelle, due to an apparent defect or the non-conformity of the product delivered, which shall be noted by the seller, enables the buyer to receive a free replacement or a credit voucher, to the exclusion of any other compensation, damages or interest. The product(s) must be returned by the buyer in the original packaging and within seven (7) days from the date of receipt of the goods.

The product(s) returned must be new, unused and in the original box, perfectly intact. The customer should keep the proof of postage given to him by Post Office. In the event of a lost package, no refund will be made without this proof of postage.

Any claim concerning an order which includes the delivery of bouquets or plants must, since it concerns perishable products, be formulated at the latest within two (2) days after the delivery of the product.

Any claim concerning the delivery of other products should be made at the latest within seven (7) days after the date of delivery of the product.

6.2 Legal Guarantees

All goods and services supplied by the Seller shall enjoy the Spanish legislation and are guaranteed by “real decreto legislativo 1/2007 of 16 noviembre de la Ley General para la defense de los consumidores y usuarios y otras leyes complementarias “(Spanish consumer law).

Article 7 : Pricing

7.1 Goods are sold and delivered for the price valid at the time of confirmation of the order.
7.2 Payment by credit card on order.

Article 8 : Legal disputes

8.1 The vendor hereby undertakes to deal with any complaints or disputes as quickly as possible.
8.2 If a dispute shall arise between the purchaser and the vendor, an amicable settlement shall first be attempted. If this is not possible, disputes may only be settled in the spanish courts.
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