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.es website, hereafter referred to as "the buyer" and the company Aquarelle Búcaro, S.L., hereafter referred to as "Aquarelle".
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 June 2014. 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: Legal capacity
The customer must be at least 18 years of age and have legal capacity to enter into contracts.
Article 4: 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 8. 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 5: 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.
Article 6: 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 7: Delivery
Delivery will be made to mainland Spain, excluding Balearic Islands, Canary Islands, Ceuta Y Melilla, within the given time period, with the product being delivered directly to the stated recipient. If the recipient is absent a notice will be left (see below for further details according to the nature of the product ordered).
The purchaser is informed and accepts that the delivery may not be carried out at a specific time, but Aquarelle is committed to providing the means necessary and to making every effort to respect the time period requested.
Aquarelle may in no case be held responsible for a delay in delivery due to a cause beyond its control, and particularly in the event of adverse weather conditions, disaster, strike, force majeure, an incomplete or unclear recipient or client address and/or telephone number, the absence of the recipient.
7.1 Terms of delivery
Delivery for Madrid and some neighboring towns:
- From Monday to Saturday your order will be delivered before 14:00 for any order placed before 10:00 and before 20:30 for any order placed before 13:00.
Delivery for the rest of Spain:
- From Monday to Saturday your order will be delivered before 18:00 for any order placed before 18:00 the day before.
7.2 Delivery of your order
Delivery times are indicated as precisely as possible.
Late delivery may not give rise to the payment of damages and interest.
In the absence of the recipient:
The courier must indicate the attempted delivery by a telephone call or a delivery note left in the recipient’s letter box, in order to arrange a second delivery.
Some of our transport partners offer to leave the parcel available for collection from one of their local offices or other pick-up point agreed with the recipient.
For bouquets, chocolates and fruit delicacies, in the event of the recipient being absent at the time of delivery, the parcel must be collected within 24 hours due to the perishable nature of the product.
The buyer may claim the reimbursement of delivery charges, to the exclusion of any other compensation or damages and interest, in the event of a late delivery for the following reasons, if the product has not been delivered for any cause other than that of force majeure.
- More than 24 hours: the delivery charges are reimbursed for bouquets, chocolates and fruit delicacies.
- More than 48 hours: the delivery charges are reimbursed for scented candles and gift boxes.
The buyer may claim a total refund of the order if the delay is:
- More than 48 hours for a bouquet.
- More than 72 hours for chocolates or fruit delicacies.
Finally, if the product has not been delivered, for any reason other than that of force majeure, the order may then be cancelled and the price paid will be reimbursed in full to the purchaser, to the exclusion of any other compensation or damages.
The following conditions are considered to be cases of force majeure dispensing Aquarelle of its obligation to deliver; war, riots, fire, strikes, accidents, traffic restrictions and when it is impossible to receive stocks.
Aquarelle will inform the buyer in good time in the event of any of the above occurring.
In any event, an order can only be delivered on time if the buyer is up to date in their obligations to Aquarelle.
Article 8: 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 jellies, crystallised fruits: 48 hours - Gift box: 14 days - Scented Candles: 14 days - Bouquets, plants + chocolates, fruit jellies, crystallised fruits: 48 hours - Gift box + Bouquet, plant: 48 hours - Scented Candles + bouquets: 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.
Any product returned in its original packaging shall be fully refunded.
Article 9: Returns and complaints procedures
9.1 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.
9.2 Legal Guarantees
All goods and services provided by Aquarelle are subject to Spanish law and guaranteed by the Real Decreto Legislativo 1/2007, de 16 de noviembre de la Ley General para la Defensa de los Consumidores y Usuarios and other complementary laws.
The "Ley 3/2014 de 27 de Marzo", which amends the "Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios", establishes in its Article 103 the exceptions to the right of withdrawal, stating that this will not be applicable to contracts that refer to the supply of goods made according to user specifications or clearly personalized and the supply of goods that can deteriorate or expire quickly.
Article 10: Personal Data Management
At Aquarelle, we care about protecting our customers' personal data. We are fully committed to respecting the EU Regulation 2016/679 of 27th April 2016, or GDPR, relative to the protection of personal data.
When using the aquarelle.es web site, you accept the collection and use of your personal data according to our data protection policy.
To find out more, click here.
Article 11: Customer Service
Our Customer Service is available Monday to Friday from 9am to 6pm without interruption and on Saturday from 9:00 to 14:00 and 15:00 to 17:30.
Closed on Saturdays, Sundays and public holidays.
Any request for information should receive a reply within 72 hours.
by email: Customer Service.
Servicio de Atención al Cliente
C/Bell 17 - Getafe 28906
Article 12: Disputes and mediation
Any complaint or dispute will always receive our full attention; we always presume that a client who takes the trouble to explain his point of view is acting in good faith.
Any complaint concerning the quality of flowers and plants should be sent to our Customer Services within a maximum period of five (2) business days after the date of receipt of the parcel by the recipient.
In the case of a dispute, the customer should address their complaint to the seller's Customer Service:
by email: Customer Service.
Servicio de Atención al Cliente
C/Bell 17 - Getafe 28906
In the event of a dispute and prior to referral to a tribunal, the buyer has the option of arbitration, the mediator being chosen in common agreement with Aquarelle, with the aim of reaching an amicable solution.
Artículo 13: Competence
The sale of products on this website is subject to the Spanish law regardless of the country of residence of the purchaser or the country where the order is placed.