Article 1: Definition and scope of application
The present document (Terms and Conditions) defines the conditions applicable to sales concluded between a person or persons making a purchase via the http://www.aquarelle.com website, hereafter referred to as "the buyer" and the company Aquarelle.es, hereafter referred to as "Aquarelle".
The terms defined below form part of the present Terms and Conditions with the following meanings:
Article 2: Application and opposability of the terms and conditions
Placing an order implies that the buyer fully accepts these terms and conditions without reservation.
Any conflicting condition requested by the buyer will therefore, in the absence of express acceptance, be unenforceable regardless of the time at which it may have been brought to the attention of Aquarelle.
The fact that Aquarelle does not specifically refer to any one of the present terms and conditions, cannot be interpreted as a renunciation of its right to impose any one of the said conditions at a future date.
If one or more provisions of the present terms and conditions are declared null or void through the application of a law, a regulation or as the result of a final decision by a competent court, the other provisions shall remain valid and binding.
These Terms and Conditions may be modified at any time, without notice, by Aquarelle and its subsidiaries. The present Terms and Conditions are applicable from 15 May 2017. They supersede and replace all previous versions of these conditions. It is understood, however, that the changes relating to Terms and Conditions will be inapplicable to orders previously accepted and confirmed by Aquarelle.
Article 3: Placing an order
When placing an order which is binding the buyer has an obligation to provide accurate information: in the event of an error in the recipient's address, Aquarelle cannot be held responsible for the impossibility of delivering the product.
An order is definitive only when it has been confirmed by the payment of the price by the buyer. After shipment, any amendment or cancellation of the order by the buyer cannot be considered and the price paid will not be refunded, except in the case of withdrawal as per article 7. All offers for sale are valid within the limits of available stocks. A product which becomes unavailable is automatically removed from the online catalogue.
In the event of a product becoming unavailable, Aquarelle will contact the buyer. They will jointly agree the delivery of a product which offers identical characteristics in size and quality to the product originally ordered by the buyer.
Article 4: Price
The prices are indicated in euros inclusive of all taxes. They take into account VAT and any reductions applicable on the day the order is placed.
The price of the products excludes delivery charges (packaging and transport).
The cost of delivery will be specified on the purchase order before validation of the sale. The products are supplied at the price current at the time the order is placed.
The price is paid cash when the order is placed.
In accordance with the General Tax Code in force in Spain, Aquarelle gift boxes fall outside the scope of VAT.
Article 5: Total payment security
Aquarelle provides totally secure and flexible payments both online or by phone, by debit or credit card through a payment system entrusted to a specialist secure payment provider. Aquarelle guarantees the total confidentiality of your banking information, secured by the SSL protocol, which automatically checks the validity of the right of access when paying by bank card and encrypts all information exchanged to guarantee confidentiality. We have no access to and never record your bank card information.
To find out more, click here.
Article 6: Delivery
6.1 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.
6.2 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.
6.3 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.
6.4 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.
6.5 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 7: Right of withdrawal
The 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 8: Returns and complaints procedures
8.1 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.
8.2 Legal Guarantees
All goods and services supplied by the Seller shall enjoy the legal warranty of conformity provided for in articles L. 211-4 To L. 211-13 of the Code de la consommation (French consumer law) and a guarantee for defects covering that which has been sold, under the conditions laid down in articles 1641 to 1648 and 2232 of the Code civil (French Civil Code).
Articles L. 211-4, L. 211-5 and L. 211-12 of the Code de la consommation (French consumer law) as well as article 1641 and the first paragraph of article 1648 of the Code civil (French Civil Code) are available in full in annex 3 of the Terms and Conditions
Article 9: Privacy
The personal details that you may be asked to communicate in the context of an order via our website are protected, declared to the CNIL (French National Commission for Data Protection and Liberties) and exclusively reserved for the use of our production staff.
In accordance with the "data protection and liberties" law of 6 January 1978 as well as the ethical principles which ensue from it, you have the right to access, modify, and correct your personal details.
In order to do so please contact us in writing:
Aquarelle.es, Pol. Industrial San Marcos, C/Bell 17 28906 Getafe
Article 10: Customer Service
Our Customer Service is available Monday to Friday from 9.30 am to 2.00 pm and from 3.00 pm to 5.30 pm
Closed on Saturday, Sunday and public holidays
From Spain: 902 282 276
To order and for all other queries:
From Spain: 902 282 276
Article 11: Competence
In the event of a dispute concerning the present Terms and Conditions, where the buyer has non-commercial status, the competent court will be that of the place of domicile of the defendant, the place of actual delivery of the goods or the place where the service was carried out.
In the event of a dispute concerning the present Terms and Conditions, where the buyer has commercial status the competent courts shall be the Spanish courts.
The sale of products on this website is subject to Spanish law regardless of the country of residence of the purchaser or the country where the order is placed.
10.1 The vendor hereby undertakes to deal with any complaints or disputes as quickly as possible.
10.2 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.
ANNEX 1: Standard form for the right of withdrawal
Download annex 1, click here
Annex 2: Texts of the legal guarantees
Download annex 2, click here