Sales Conditions


> Article 1 : Application and opposability of general sales conditions
> Article 2 : Ordering
> Article 3 : Delivery
> Article 4 : Receipt
> Article 5 : Returns - Terms and conditions
> Article 6 : Pricing
> Article 7 : 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.
1.6. The invalidity of one or more articles or of part of an article of the present General Conditions of Sale shall not affect the general validity thereof.
1.7. The vendor hereby reserves the right to modify the present General Conditions of Sale at any time. The modified conditions shall come into effect immediately, without affecting any of the rights already possessed by the vendor.

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.
4.3. Complaints that refer to a specific delivery shall not exert any influence on preceding or subsequent orders and deliveries. The purchaser shall still have the obligation to pay the price for earlier or later orders.
4.4. If, on arrival of the goods, the purchaser shall note defects with a part of the delivered goods, he shall only be able to assert his rights in respect of that part of the goods.

Article 5 : Returns - Terms and conditions

 5.1. A formal agreement between the purchaser and the vendor shall precede any return of goods.
5.2. In the event of an obvious defect, or of a non-conforming delivery, any accepted return may, following verification by the vendor, lead to the replacement of the goods, or to the issue of a credit note, to the exclusion of any other compensation.

Article 6 : Pricing

 6.1. Goods are sold and delivered for the price valid at the time of confirmation of the order.

Article 7 : Legal disputes

 7.1. The vendor hereby undertakes to deal with any complaints or disputes as quickly as possible.
7.2. 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.