TERMS AND CONDITIONS
This page (together with the documents referred to) contains the Terms and Conditions (the "Terms and Conditions") of purchase of the products (the "Products") that appear on our website http://www.aquimejor.com (the "Site"). Please read them carefully before making any purchases. Placing an Order implies acceptance of these Terms and Conditions. You can print them out and keep a copy of them for future reference.
We store the content of all Contracts and provide you with further information about them by email. The Terms and Conditions are available to you at all times, so you can download them whenever you want. For more information about your latest Orders, please log in to "My Account".
1. ABOUT US, OUR AGENT AND THESE TERMS AND CONDITIONS
1.1 AquiMejor is a registered trademark, under CIF B18808915 and with tax address at Poligono Industrial 12 de octubre, Calle Garrido Atienza, 21, Santa Fe, Granada, Spain. You can send us your comments or suggestions through the contact form.
1.2 These Terms and Conditions govern the sale to customers of any of the Products appearing on our Site. The placing of an Order constitutes legally binding acceptance of such Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Account" means the account that you must create on the Website in order to place any Order.
b) "Acknowledgement of Receipt" means our acknowledgment of receipt of the Order by email.
c) "Breach of Obligations" means as detailed in clause 10.11 (b) of these Terms and Conditions.
d) "Working Day" means any day other than (i) Saturday or Sunday or (ii) public holiday in any part of Spain.
e) "Order Confirmation Email" means the email we send you to confirm the validity of your Order in accordance with clause 4.9 below.
f) "Contract" means the Order for a Product in accordance with these Terms and Conditions, which you accept as set out in clause 4.9 below.
g) "Customer" means the person placing the Order.
h) "Liability" means as detailed in clause 10.11 (a) of these Terms and Conditions.
i) "Order" means the Order placed on our Website for the purpose of purchasing our Products.
j) "You" is the customer placing the Order.
k) The "Clauses" are the clauses contained in these Terms and Conditions.
l) The headings of the clauses are for reference only and shall not affect the interpretation of these Terms and Conditions.
m) Words expressed in the singular shall include the plural and vice versa. Words expressed in a given gender shall include all genders and references to persons shall include natural persons, undertakings, partnerships, companies or associates.
1.4 These Terms and Conditions form part of our intellectual property. It is not allowed to be used by third parties, either in whole or in part, with the commercial intention of offering products or services. Failure to comply with this prohibition is subject to legal action.
2. YOUR STATUS
By placing an Order on our Website, you warrant that:
- You are over 18 years old.
- You reside in the European Union.
3. APPLICATION
3.1 These Terms and Conditions shall apply to any Order or Contract made or to be made for the purpose of selling and distributing our Products. The placing of an Order or a shipping order or the acceptance of delivery of the Products constitutes unreserved acceptance of these Terms and Conditions. Nothing in these Terms and Conditions will affect your rights under law (including the right to claim that Products purchased from a business must be described, meet its objectives and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate documents that are entered into. Any conditions that you submit, propose or stipulate in any format and at any time, whether in writing, by email or orally, are excluded.
3.3 Additional terms or modifications to these Terms and Conditions shall not be binding unless otherwise provided for by AquiMejor in writing and by means of a signed document.
4. FORMALISATION OF CONTRACTS
4.1 In order to place an Order, you must create an account on the Site, as detailed in clause 10, and follow the instructions on how to place the Order and/or amend it before finalising it.
4.2 Regardless of any previous prices you have seen or heard, once you have selected a Product for your Order you will be shown the relevant price (on the Site), which will include VAT, if any, and any applicable delivery charges. Unless otherwise stated on the Website, all prices will be shown in Euros. In accordance with clause 4.11 below, this will be the total amount payable for the Order placed.
4.3 In order to complete the purchase process, you must pay the full amount of the Order in one go. To do this, you can provide us with valid credit or debit card details or use a PayPal account. If you prefer, you can make the payment with any of the payment methods offered to you. The means of payment will be: Credit or debit card, PayPal, Bank transfer and Cash on delivery. It is not allowed to use third-party data or payment instruments. In order to guarantee the confidentiality and security of the data transmitted through the website, AquiMejor uses a secure SSL (Secure Socket Layer) payment system. However, we are not required to ship the items until we have recorded full payment for the purchase. Depending on the customer's address, we reserve the right not to offer you certain forms of payment and to redirect you to others.
4.4 To enter a card or bank account details, you must have the right to use it and that card or account must have sufficient funds to cover the possible payment.
4.5 You are responsible for ensuring that all details provided for the purpose of purchasing Products are correct, that the credit or debit card, bank account or payment method used belongs to you and that such cards, accounts or payment methods have the necessary funds to cover the cost of the Products. We reserve the right to require confirmation of payment information prior to shipping the Order.
4.6 Placing an Order on the Website implies acceptance of these Terms and Conditions on the date of placing the Order. You are responsible for reviewing the latest version of the Terms and Conditions when placing your Order.
4.7 I agree to receive invoices and credit notes for my returns in electronic format only.
4.8 The issuance of your Order shall constitute the performance and entry into force of a Contract, for all purposes. We will be obliged to send you the Products ordered and the Acknowledgement of Receipt of your Order.
4.9 We will initiate the process of dispatching the Products upon issuing the Order Acknowledgement. In this Acknowledgement of Receipt, we will provide you with information about the Products purchased and the reference number of your Order. In the event that the Products are not available, or there has been a computer error in the price, we will contact you in order to cancel the Order or offer you alternative Products (in which case you will have to place the Order again). If you do not receive the Acknowledgement of Receipt, please contact us.
4.10 The document called the Order Confirmation Email will contain all the details relating to your purchase. Upon acceptance of your Order, you will receive an invoice, which will not affect your obligation to pay the purchase amount in advance.
4.11 If, after completing the Order, you discover that it contains an error, please contact us immediately. We cannot guarantee the modification of the Order according to your instructions. If you wish to cancel an Order for non-defective products, you must refer to clause 7 below.
4.12 AquiMejor reserves the right to modify the prices of its products. The purchase price will be the one in force at the time of closing the transaction, except for a computer error, in which case we will contact you in order to cancel the Order and make the corresponding payment or offer you alternative Products.
4.13 The Contract relates only to the Products listed by us in the Order Confirmation Email. We are not obliged to dispatch any of the Products listed in your Order until we have provided you with the Order Confirmation Email relating to them.
4.14 You must provide us, our agent or through our Site, with accurate and non-misleading information. You must also inform us of any changes to your data.
5. DELIVERY
5.1 We will deliver the Products to the shipping address listed on your Order.
5.2 We will deliver at the time set by us when placing the Order (and updated in the Order Confirmation Email). However, we cannot guarantee an exact delivery date either when placing the Order or in the Order Confirmation Email. The delivery time usually takes between 1 and 9 working days from the date on which we accept the Order depending on the selected form of transport and the customer's country of domicile, but we cannot set a fixed delivery date.
5.3 We will inform you of any delay in dispatching the Order. However, to the extent permitted by law, we are not responsible for any losses, liabilities, costs, damages, or charges arising from such delay.
5.4 Upon delivery of the Order, the recipient's signature may be required. Check the Product for obvious faults, defects or damage before signing and keep the delivery slip for future reference.
5.5. Only shipments are made to the European Union. In ordinary shipments through a collection point, the shipping costs are borne by AquiMejor and are free of charge for the user.
5.6 We ship in our standard packages.
5.7 You will bear the risk relating to the Products in the Order from the moment of delivery, except in the event of a delay in delivery due to a breach of your obligations. In this case, you will assume the risks at the time the delivery would have been made if there had been no such breach. Upon assumption of risk, we are not responsible for the loss or destruction of the Products.
5.8 Make sure that you do not damage the contents of the package when opening it, especially if you use sharp instruments.
5.9 You must ensure that you are able to receive the Order, without undue delay and at reasonable times.
5.10 If you are not available to receive the Order, we will leave you a card with the instructions to follow for the reshipment or collection of the package at the courier office.
5.11 If delivery or collection is delayed due to unjustified refusal or you do not accept or collect the parcel from the courier office (within 2 weeks of the first delivery), we will be obliged to do one or both of the following (without affecting any other rights or remedies in our hands):
a) Charge you for storage costs and any other reasonable costs or expenses that may arise from us.
b) Not allow further shipments or removal of the Product from the courier office and terminate the applicable Contract immediately. In such a case, we will credit the difference between the amount already paid and any reasonable administrative costs incurred (including failed delivery and return of the Order, plus the storage costs set out in clause 5.11(a) above) to your credit or debit card account.
5.12 It is your responsibility to ensure that the Products are sufficient and suitable to meet your requirements. For our part, we ensure that the Products distributed conform to the characteristics specified by the manufacturer but we cannot guarantee that they meet your individual objectives. You are aware that the Products are of standard manufacture and are not custom-made, in order to meet your individual needs.
6. NON-AVAILABILITY OF THE PRODUCT
6.1 If the Product is unavailable, for whatever reason, and the Acknowledgement of Receipt of the Order has already been issued, we will contact you immediately with the aim of offering you a similar Product or terminating the Contract. Failure to approve any of the above options implies acceptance of the delay that the Products may suffer (subject to receipt of such Products or the exhaustion of such Products).
6.2 In the event of cancellation of the Order or out of stock of the Products, we will refund the amount paid to you using the same form of payment as we received it.
7. CANCELLATION BY THE CUSTOMER IN CASE OF NON-DEFECTIVE PRODUCTS
7.1 Subject to this clause 7 and notwithstanding all other rights relating to defective Products, you may terminate the Contract and return any of the Products received, for whatever reason, provided that you give notice of the termination of the Contract and the return of the Product, at your own risk, within 30 days of receipt. You must manage the return from the option enabled for this purpose in your control panel of your customer account.
The notice shall be deemed to have been given on the day on which it is sent. Once you have the Products, you must store them appropriately. The Products to be returned cannot be used.
The address for the return of the product is:
AquiMejorCalle Garrido Atienza, 2118320 Santa Fe, Granada, Spain
Attention: If the product has been purchased from a third-party seller, check that the return is sent to that seller's address.
Products must be returned in their original condition.
7.2 In accordance with this clause 7, if you cancel after notice of your intention to terminate the Contract, we will refund the amount paid to you immediately, no later than 30 days after cancellation. We reserve the right to charge any handling fees incurred by the order. If you want to change model, color or size, you will have to cancel the order and place a new order.
7.3 If you have paid the full amount of the purchase with gift vouchers or promotional vouchers, we reserve the right to pay the amount corresponding to the cancelled and returned Products by providing you with a new gift voucher, with the same value and expiry date as the original, or by returning the value of the Order to your user account balance.
8. DEFECTIVE PRODUCTS
8.1 We warrant that:
a) The Product will be delivered in perfect condition and in the quantity ordered.
b) The Product will conform to the most recently indicated characteristics by the manufacturer, as set out on the Website or in the description of the Product materials at the time of placing the Order.
8.2 You must observe the instructions most recently established by the manufacturer or those indicated on the Product itself. It is your responsibility to follow these instructions strictly.
8.3 We do our best to deliver the Products in optimal condition. However, if you receive a Product that you believe is defective, you must keep it in its current condition for us (or our agent) to check it within a reasonable period of time. In the event of a defective product, the seller must proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, procedures that will be free of charge for the consumer and user. The seller is liable for any lack of conformity that manifests itself within two years of delivery. The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it. This clause will be applied taking into account the nature of the good marketed.
8.4 In order to be able to provide you with remedies regarding the defective Product, we may require your cooperation and ask you to promptly provide us with the following information regarding the Product:
a) A reasonably detailed explanation of the defects or damage to the Product and photos of the Product showing the footwear and its defect.
b) Delivery note number and other information that may be reasonably useful to us.
8.5 If, as set out in the Contract, you want us to repair or replace the Product or refund the amount paid, you must ensure that the Product:
a) It has not been used incorrectly or negligently, has not been handled inappropriately or recklessly and has not been subjected to abnormal or harmful conditions.
b) He has not been involved in any accident or has been harmed in the attempt to repair or modify it.
c) It has not been used in a manner contrary to what is established by the manufacturer in the instructions of the Product.
d) It has not deteriorated due to natural wear and tear after receipt.
In the event that the Product does not meet any of the above requirements, we may decide, at our discretion, not to repair or replace the Product or refund the amount paid to you and/or we may require you to reimburse you for all shipping and servicing costs incurred at the current standard rates. To make such a withdrawal, we may charge your credit or debit card account for the above costs or use the payment details provided when placing the Order. To the extent permitted by law, we are not responsible for any losses, liabilities, costs, damages, or expenses that may result from the process.
9. VOUCHERS
9.1 You may use gift vouchers or promotional vouchers as a form of payment for your Orders on the Site. Further information on promotional vouchers and gift vouchers respectively can be found in clauses 9.7 and 9.8.
9.2 In the "My User Account" section of the Website, you can redeem vouchers or check your current balance.
9.3 We may send you emails with gift vouchers and promotional vouchers. In accordance with clause 11.2, we are not responsible for any errors in the e-mail address of the recipient of the voucher.
9.4 Both gift vouchers and promotional vouchers are transferable and you can assign their use and your rights to another person.
9.5 In the event of fraud, attempted deception or suspected illegal activities relating to the purchase or redemption of gift vouchers on the Website, we are entitled to close your account and/or ask you to use another form of payment.
9.6 We are not responsible for the loss, theft or illegibility of gift vouchers or promotional vouchers.
9.7 Conditions for redeeming promotional vouchers:
a) From time to time, we issue promotional vouchers that you can use on the Site. We will send them to you by email and you can only redeem them on the website.
b) Promotional vouchers are only valid for the period indicated on them, are for single use and cannot be combined with other promotional vouchers. They may not be applicable to certain brands.
c) The balance of promotional vouchers cannot be used to make payment for Third Party Products.
d) If the amount of your Order is less than the value of the promotional voucher, you will not be credited or refunded the difference.
e) The balance of a promotional voucher does not generate interest and has no effective monetary value.
f) If the amount of your Order is higher than the value of the promotional voucher, you will have to pay the difference with another form of payment.
9.8 Conditions for redeeming gift vouchers:
a) You can purchase gift vouchers for your own use or for third parties. You will receive these gift vouchers by email and can only be redeemed on the website.
b) Gift vouchers can only be redeemed on the Website.
c) Gift vouchers cannot be used for the purchase of other gift vouchers and can only be purchased by credit or debit card and via PayPal.
d) The balance of a gift voucher is not cumulative and has no effective monetary value. Gift vouchers can only be redeemed before payment is made for the order. Once completed, orders cannot be modified.
e) If the amount of your Order is higher than the value of the gift voucher, you will have to pay the difference with another form of payment.
10. LIMITED LIABILITY
10.1 This clause 10 supersedes all other clauses and describes our total Liability and your sole and exclusive remedies in respect of:
a) Compliance, non-compliance, alleged compliance or delay in compliance with these Terms and Conditions or the Contract or the Website (whether in whole or in part).
b) Any aspect relating to these Terms and Conditions or the entry into force or compliance with these Terms and Conditions.
10.2 Nothing in these Terms and Conditions shall limit or exclude:
a) Our Liability with respect to (i) intent or gross negligence; (ii) death or personal injury caused by the breach of our duty; (iii) any breach of the obligations established by Law 7/1196, Royal Decree 1906/1999, Royal Legislative Decree 1/2007; or (iv) any Liability that cannot be limited by or excluded from applicable law.
b) Your legal rights as a consumer.
10.3 In carrying out our obligations under these Terms and Conditions, our sole duty is to exercise reasonable care and skill.
10.4 AquiMejor makes every effort to avoid any errors in the content that may appear on this page. To purchase the products offered on the AquiMejor website, the user must register and accept the relevant terms and conditions. The information, content and data of any kind on the pages of this website or its promotional campaigns are reviewed before publication. However, it is not possible to guarantee that they are absolutely free of typos, typographical errors, composition defects and equivalent problems, so AquiMejor recommends that users be attentive to possible updates or rectifications that the website incorporates.
10.5 Except as referred to in clause 10.2, we do not accept and hereby exclude any Liability for breach of obligations with the exception of Liabilities arising out of these Terms and Conditions.
10.6 Except as provided in clause 10.2, we are not responsible for:
a) Loss of revenueb) Loss of actual or anticipated profitssc) Loss of contractsd) Loss of use of moneye) Loss of anticipated savingsf) Loss of businessg) Loss of operational timeh) Loss of opportunitiesi) Loss of customersj) Loss of reputationk) Loss, damage or corruption of datal) Any indirect or consequential loss
The exclusion of such Liabilities includes both cases in which they are foreseeable, known or foreseen and in those in which they are not. For the avoidance of doubt, clauses 10.6(a) to 10.6(1) apply in the event of direct, indirect, consequential or any other loss.
10.7 Except as provided in clause 10.2:
a) Our total Liability in respect of any Contract shall not, in the aggregate and under any circumstances, exceed the total amount of: (i) EUR 100; or ii) 110% of the value of the Contract corresponding to the action that has arisen.
b) Our total Liability to you or any third party shall not, in the aggregate and under any circumstances, exceed the total amount of: (i) EUR 100; or ii) 110% of the total amount you have paid us in the 12 months prior to the action arising.
10.8 The limitation of Liabilities set out in clause 10.7 shall apply both in respect of any Liability expressly referred to in these Terms and Conditions and in respect of any Liability arising out of the invalidity or unenforceability of any term of these Terms and Conditions.
10.9 In these Terms and Conditions:
(a) "Liability" means liabilities relating to breach of the Contract or obligations, misrepresentation and restitution or any action of any nature whatsoever arising out of or in connection with these Terms and Conditions. Such liabilities include, without limitation, those expressly set forth in these Terms and Conditions or those arising out of the invalidity or unenforceability of any of the terms of these Terms and Conditions (as defined herein, any reference to "these Terms and Conditions" shall include any Collateral Agreements).
(b) "Breach of Duty" means a breach of (i) any obligation, express or implied by the terms of a Contract, relating to reasonable care or skill in the performance of the Contract or (ii) any common law obligation relating to reasonable care or skill in the performance of the Contract.
11. WARRANTY AND CLAIMS MANAGEMENT
11.1 We will perform our obligations under these Terms and Conditions with reasonable care and skill.
11.2 The satisfaction of our customers is of the utmost importance, so you can contact us at any time. Our contact details are set out in clause 1.1 of these Terms and Conditions. We will try to redirect your enquiries reasonably quickly and inform you of any developments regarding your enquiry or complaint. Warranty issues are often directly linked to the manufacturer, so they may require a longer consultation time.
11.3 In the event of a complaint, it would be helpful if you could provide us with as accurate a description as possible of the reason for your complaint and, if any, a copy of your Order or the Order number on the Confirmation Email. If you don't hear back within 5 business days, please contact us again. On certain occasions, it may happen that your emails are automatically redirected to our spam box or that you do not receive ours for the same reason.
12. DATA PROTECTION
Please refer to the "Privacy Policy" section of these Terms and Conditions.
13. FORCE MAJEURE EVENTS
13.1 We are not liable for any breaches, impediments or delays in the performance of a Contract attributable to any force majeure event, including without limitation any natural disaster, actions of third parties (including, but not limited to, hackers, distributors, local, supranational and quasi-governmental governments and authorities), insurrections, riots, social commotion, wars, hostilities, bellicose operations, national emergencies, terrorism, piracy, detentions, arrests by the competent authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third-party software, non-existence or problems with the supply of public services (including incidents with the supply of electricity, telecommunications or internet), shortage or non-existence of supplies, materials, equipment or transport ("cases of force majeure"), regardless of the possible foresight of such circumstances.
13.2 We may terminate the Contract immediately, by written notice, either party in the event that the force majeure events do not cease within 2 working days. In such a case, neither party shall be liable for termination (except in respect of a refund of the amount of a Product paid for but not delivered).
13.3 In the event that we have undertaken to carry out the shipment of 2 Orders containing similar or identical Products and in the event that it is impossible to comply with both obligations due to force majeure, we will decide, at our discretion, which shipments we make and to what extent.
14. NON-PAYMENT OR DISSOLUTION OF THE COMPANY
14.1 In the event that you breach any of your obligations under a Contract, we may terminate that Contract immediately upon written notice and withhold any amounts relating to the Order that you have paid for in advance. In such event, you must indemnify us for any damages, losses, liabilities and expenses of any nature whatsoever resulting from the termination of the Agreement and pay any outstanding amounts immediately.
14.2 Termination of the Contract shall be without prejudice to the accrued rights or remedies of either party and shall not affect the entry into or effect of any provision which is expressly or implied to be expected to enter or remain in force after termination.
15. NOTIFICATIONS
15.1 Any notice relating to a Contract shall be in writing and delivered physically, by registered post, postage prepaid or by e-mail to the relevant party whose postal or e-mail address has been provided to you by the relevant party.
15.2 Notifications sent by post must have been notified 5 working days in advance of their dispatch, provided that the sender's address is within Spanish territory. Notices sent by email must have been notified upon receipt of such email on the recipient's mail server. To verify the issuance of such a notification, it will be sufficient to prove that the shipment has been made to the correct address and, as the case may be, that it has been sent by registered mail or postage paid.
16. ADVERTISING ON THE WEBSITE
16.1 We will do our best to comply with the regulations relating to the site stipulated by the existing advertising authorities.
17. GENERAL
17.1 We will keep a record of your Orders and these Terms and Conditions for a maximum period of six years from the acceptance of each Order. However, for future reference, we recommend that you print and retain a copy of these Terms and Conditions, your Orders, the Acknowledgement of Receipt and the Order Confirmation Email.
17.2 No delay by the parties in exercising any right under these Terms and Conditions or by a contract shall affect or represent a waiver of this or any other right. You will also not prejudice any rights or remedies relating to such right or modify or reduce any rights under these Terms and Conditions or by a contract.
17.3 If any provision of these Terms and Conditions is declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall in no way affect the remaining provisions, in whole or in part, which shall remain in full force and effect so long as these Terms and Conditions or the Agreement remain in force and effect without the clause being declared unenforceable.
17.4 You will not assign, transfer, replace, entrust, subcontract, trust, rely on or use these Terms and Conditions or a contract or the rights and obligations under these Terms and Conditions or under a Contract.
17.5 Nothing in these Terms and Conditions or in a contract shall or may give rise to a partnership, agency or employer-employee relationship between you and us.
17.6 No third party not involved in these Terms and Conditions or the contract shall acquire any rights or be entitled to benefit from such rights even if such third party has relied on or agreed to these Terms and Conditions or the contract.
17.7 These Terms and Conditions are governed by Spanish law. The parties submit, at their option, for the resolution of disputes and waiving any other jurisdiction, to the courts and tribunals of the user's domicile. Likewise, under the terms of its Code of Ethics, in the event of disputes relating to online contracting and advertising, data protection, protection of minors and accessibility, the user may resort to the CONFIANZA ONLINE http://www.confianzaonline.es out-of-court dispute resolution system , embodied in the Advertising Jury and the National Consumer Arbitration Board.
Amendment of General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. Any amendments to these Terms and Conditions will be posted online. However, the uninterrupted use of the Website will imply acceptance of the new Terms and Conditions.
TERMS OF USE
1. This page (together with the documents referred to herein) sets out the terms of use ("Terms of Use") on the basis of which you must use the http://www.aquimejor.com website (the "Site"), either as a visitor or as a registered user. Please read these terms carefully before you start using the Site. Your use of this website constitutes your acceptance of and agreement to these Terms of Use. Your use of any part of the Site constitutes your acceptance of these Terms of Use. This acceptance comes into force with the first use of the Website. If you do not agree with the provisions of these Terms of Use, you must cease your use of the Website immediately.
2. The Website is run by us is a company registered under CIF number B18808915 in the local court of Granada, Spain and with tax address at Calle Garrido Atienza, 21, Santa Fe, Granada, Spain.
3. We reserve the right to amend these Online Terms of Use at any time without notice. It is your responsibility to regularly review the information posted online in order to be aware of any changes made in a timely manner. Your continued use of the Site following the posting of changes constitutes your acceptance of the amended Terms of Use.
4. You are responsible for any access to the Website from your internet connection and for the information provided to other persons in relation to these Terms of Use.
5. You may not use the Site, or subject the Site, us, or any user to anything that:
a) Fails to comply with any law, statute, rule or regulation.
b) It is fraudulent, criminal or illegal.
c) It is imprecise or obsolete.
d) Is likely to be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, threatening, defamatory, false or political.
e) Pretends to be another person or body or distorts the relationship with any person or body.
f) Infringes or violates copyright or intellectual property rights (including without limitation copyright, trademark or transmission rights).
g) It may be contrary to our interests.
h) Is contrary to any specific rules or requirements set out on the Website relating to a specific part of the Website or all of it.
i) Involves the use, delivery, or transmission of viruses, spam emails, Trojan horses, capture doors, traps, Easter eggs, worms, time bombs, cancelboots, or any programming routine that is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
6. You hereby grant us an irrevocable, royalty-free, universal, transferable, sub-licensable licence to use any material you submit to us or to our Site for use on the Site or for the marketing of our services (by any means and in any medium).
7. Comments or any other material published on the Website are not intended to establish the trust to be placed on it. We disclaim any liability arising from reliance on such materials by any visitor to the Site or by any person who has received information about the content of the Site.
8. You agree to comply at all times with the instructions for use of the Website, which we update from time to time.
WEBSITE AVAILABILITY, SECURITY AND LOYALTY
9. Despite our efforts to keep the Site available 24 hours a day, we are not responsible if, for any reason, the Site is unavailable at any time or for any time. We cannot guarantee, due to the nature of the Internet, that the Website will operate error-free, uninterrupted or timely. Sometimes, we will have to carry out improvement, maintenance or introduction of new services and functions.
10. The site may deny or suspend access to you or any user, either temporarily or permanently, at any time and without prior notice. We may also impose restrictions, for any reason, on the duration and mode of use of any part of the Site. If such restrictions are imposed on you personally, you may not attempt to use the Site under any other user name.
11. We cannot guarantee that the site will be compatible with all hardware and software. We are not responsible for any damage, viruses or other code that may affect your computer, software, data or other property due to your access to, use of or downloading of any material contained therein. Likewise, we are not responsible for the actions carried out by third parties.
12. We may modify or update the contents of the Website without prior notice.
13. While we endeavour to ensure that the information and materials on the Site are correct, we cannot warrant or warrant, express or implied, that they are complete, accurate, current and fit for a particular purpose. Further, to the extent permitted by law, we are not liable for any errors or omissions. This will not affect any of the obligations set out in the contract made for the supply of products, including any obligations relating to the provision of information and advice which we may carry out through a part of the Site, available to users who use an appropriate password.
REGISTRATION ON THE WEB
14. In order to place an order on the Website and purchase any of the products on the Website, you must create a user account (an "Account"), which you can access from the "My User Account" section of the Website. To register, you must enter your name, zip code, and email address, as well as other possible information. For more details on this, you can consult our Privacy Policy.
15. Once registered on the Website, you must provide a username and password, which you must keep confidential. In the event that such password reaches third parties, unauthorized use of your Account or email is detected, or a breach of security is perceived, you must notify us immediately. By disclosing your password to third parties, you agree to the authority of such third parties to act as an agent, make use of, and/or conduct business with your Account. You are solely responsible for maintaining the confidentiality of your password.
16. In order to place an order on the Website and purchase any of the products on the Website, you must create a user account (an "Account"), which you can access from the "My User Account" section of the Website. To register, you must enter your name, zip code, and email address, as well as other possible information. For more details on this, you can consult our Privacy Policy.
17. We reserve the right to close your Account in the event that a non-European user pretends to be a European user or creates problems of any nature on the Site.
18. During the creation of the Account and at each subsequent login, you are offered the possibility to request or opt out of receiving informational emails (such as newsletters, information about offers, etc.). You can unsubscribe from these services at any time from your User Account.
19. Despite storing all orders placed on the Website for the purpose of purchasing the products contained therein, for security reasons, you will not be allowed to access this information directly. To do so, you will need to log in to your Account. Once there, you will be able to check the information regarding your completed, pending or shipped orders, manage your address, your bank details and any Newsletter to which you are subscribed.
OUR RESPONSIBILITY
20. We are liable for death or personal injury suffered as a result of our recklessness, false or fraudulent misrepresentation and gross negligence or any other action that is not excluded or limited by law.
21. To the extent permitted by law and in accordance with paragraph 22 above, always (except in cases relating to services offered to a particular consumer, which shall be governed by its own contractual and terms of engagement):
a) Our total liability to you or any third party shall not, in the aggregate and under any other circumstances, exceed the total amount of: (i) EUR 100; or ii) 110% of the total amount you have paid us in the 12 months prior to the action arising.
b) We have no liability (contractual, civil, reckless, misrepresentation, reckless or any other type of liability) relating to your use, your inability to use or the delay in using the Website and the material contained therein or arising from any action or decision taken after making use of the Website or any material linked to: (a) loss, damage, expense or indirect costs; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of income; g) loss of customers; h) loss of reputation; (i) loss of business; (j) loss of operational time; (k) loss of opportunity, or (l) loss, damage or corruption of data, whether losses that we could foresee or suspect you would incur. For the avoidance of doubt, clauses (b) through (l) apply in the event of direct, indirect, consequential or other loss.
22. In the event that you enter into a contract with us by placing an order for the purchase of a product from the contents of our Website and are accepted by us in accordance with our Terms and Conditions, the relevant provisions of those Terms and Conditions relating to the liabilities and limitations set out in that contract shall supersede the limitation of liability provisions set out in clause 22.a above.
TRADEMARKS
23. The AquiMejor names and logos and any related names, brand designs, or slogans are registered trademarks or registered services that belong to us or our licensors.
INTELLECTUAL PROPERTY RIGHTS
24. We own or licensee all intellectual property rights in the Website and the material contained therein. These are protected by intellectual property or copyright laws and regulations around the world and are reserved.
25. The printing of a copy, the downloading of extracts or pages from the Website is permitted for personal consultations and for the attention of third parties belonging to your organisation with respect to the material contained on the Website.
26. The modification, either on paper or digital, of any printed or downloaded material is not permitted, nor is the use of illustrations, photographs, videos, audio files or graphics independently of the accompanying text.
27. No use of all or part of the materials contained on the Website for commercial purposes is permitted without first obtaining the licence, which must be granted by us or our licensors.
28. If you print, copy or download any part of the Site and otherwise violate these Terms of Use, you will be immediately terminated from your right to use the Site and you must, at your option, return or destroy any copies of the materials.
PERSONAL INFORMATION AND INFORMATION RELATING TO YOUR VISITS TO THE WEBSITE
29. We process personal information in accordance with our Privacy Policy. The use of the Website implies your consent to such processing and your guarantee of the veracity of the data entered.
ACTIONS CARRIED OUT THROUGH THE WEBSITE
30. Contracts for the sale of products entered into through the Website or as a result of visits to the Website are governed by our Terms and Conditions.
THIRD-PARTY WEBSITES
31. We have no control over, and are not responsible for, the content of any website that may be accessed via a link on our Site (except where we are providers of such links). Such links are provided "as is" for your convenience and without warranties, either express or implied, as to the information contained therein. We do not endorse or recommend any third-party websites that may be accessed through a link on our Site.
32. It is not allowed, without our consent, to use any of the elements of our Website on our own website or on a third-party website.
33. We hereby grant you a revocable, non-exclusive, free right to create a link between your website and ours, provided that such creation is fair and legal and does not damage our reputation or take advantage of it. In particular:
a) You may not make any warranties about us, our services or our policies except with express prior authorisation.
b) You may not make false, misleading, derogatory, or offensive statements about us, our services, or our policies.
c) You may not suggest, expressly or implicitly, that we have promoted or associated with your website if that is not the case.
DIVISIBILITY
34. If any of these provisions shall be held to be illegal, invalid or unenforceable by the laws of any state or country in which such provisions are held to be effective, to the extent permitted by the jurisdiction and provided by the jurisdiction to be illegal, invalid or unenforceable, such provision shall be severed and deleted from the remaining Terms of Use, which will remain in full force and remain binding and enforceable.
SPANISH LAW AND JURISDICTION
35. These Terms of Use and your use of the Website (as well as all non-contractual relationships arising out of and relating to the Terms of Use and your use of the Website) shall be governed by and construed in accordance with Spanish law. You submit to the exclusive jurisdiction of the Spanish courts to resolve any dispute that may arise from these Terms of Use.
AQUIMEJOR PRIVACY NOTICE
We know how important it is to you how we use your personal information and how we share it. We appreciate the trust you place in us to treat it with due care and prudence. This Privacy Notice describes how we collect and process your personal information on AquiMejor's websites, devices, products, services, online stores, and applications that refer to this Privacy Notice (collectively, the "Aquimejor Services").
· Responsible for Personal Information
·What Personal Information of Clients Does Aquimejor Collect?
· For what purposes does Aquimejor process your personal information?
· Information about cookies
Does AquiMejor share your Personal Information?
Is My Personal Information Safe?
· Information About Third Party Advertisers and Links to Other Web Sites
What information do I have access to?
What options do I have?
· Is the Use of AquiMejor Services Allowed to Minors?
How long do we keep your personal information?
· Contacts, Notifications, and Reviews
· Related Practices and Information
RESPONSIBLE FOR PERSONAL INFORMATION
Campanilla Italy Group, S.L. located at Calle Garrido Atienza, 21. Santa Fe, Granada, Spain with CIF B18808915 is responsible for the processing of personal information collected and processed through the Aquimejor Services.
What Personal Information of Clients Does Aquimejor Collect?
We collect your personal information to provide and continually improve our products and services.
Here are the types of information we collect:
·Information you provide to us: We receive and store all information you provide to us in connection with the Aquimejor Services. You can choose not to provide certain information, but if you do, you won't be able to enjoy many of the best of the Aquimejors.
·Automatic Information: Whenever you use the Aquimejor Services, we automatically receive and store certain types of information, such as usage information, including your interaction with content and services available through the Aquimejor Services. For example, like many other websites, we use "cookies" and other unique identifiers to collect certain information when your Internet browser or device accesses the AquiMejor Services and other types of content that are offered to you by or on behalf of AquiMejor on other websites.
·Information from Other Sources: We may receive information about you from other sources.
For what purposes does Aquimejor process your personal information?
We process your personal information to operate, provide, and improve the AquiMejor Services that we offer to our customers. These purposes include:
·Purchase and delivery of products and services. We use your personal information to accept and manage orders, deliver products, and communicate with you regarding orders and products.
·Compliance with legal obligations. In some cases, we have a legal obligation to collect and process your personal information. For example, we collect information from third-party sellers about the place of establishment and bank account for identity verification, among other purposes.
·Communicate with you. We use your personal information to communicate with you in connection with the AquiMejor Services through different channels (e.g., by phone, email, chat).
COOKIE INFORMATION
We use cookies to enable our systems to recognise your browser or device and to provide you with the best cookies. For more information about cookies and how we use them, please read our Cookie Notice
DO YOU SHARE YOUR PERSONAL INFORMATION HERE?
Information relating to our customers is a fundamental part of our business and we do not engage in activities of selling our customers' personal information to third parties.
·Third-Party Service Providers: We engage other companies and individuals to perform certain functions on our behalf. Some of the functions they perform may include: executing orders for products and services, sending packages, sending postal mails and emails, removing repeated information from customer lists, performing data analysis, and providing customer service. These third-party service providers will have access to the personal information necessary to perform their functions, but may not use it for other purposes. In addition, they must process personal information in accordance with this Privacy Notice and applicable data protection legislation.
·Company Transfers: As we develop our business, we may buy or sell other companies or services. In such transactions, one of the assets of the transferred companies is usually the personal information of customers; such information will in any case be subject to the commitments made in the pre-existing Privacy Notices (unless, of course, the customer authorizes it otherwise). Of course, in the unlikely event that AquiMejor or most of its assets are acquired by a third party, customers' personal information would be one of the transferred assets.
·Aquimejor Protection: We disclose our customers' personal information and account data when we believe release is necessary to comply with the law, to enforce or apply the Terms of Use and Sale and other agreements, or to protect the rights, property, or safety of Aquimejor, its users, or third parties. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
IS MY PERSONAL INFORMATION SAFE?
We design our systems and devices with your security and privacy in mind.
· We work to protect the security of your personal information during transmission by using Secure Sockets Layer software (SSL), which encrypts the information you enter.
· When handling credit card data, we comply with Payment Card Industry Data Security Standards (PCI DSS).
· We have physical, electronic, and procedural safeguards in place in connection with the collection, storage, and disclosure of customer personal information. Our security procedures mean that we may sometimes ask you for proof of identity before providing you with sensitive information.
· Our devices offer security features that protect them from unauthorized access and data loss.
· It's important to protect yourself against unauthorized third-party access to your password and your computers, devices, and apps. Make sure you're logged out at the end of the session whenever you're using a shared computer.
WHAT INFORMATION DO I HAVE ACCESS TO?
You can access your data, including your name, address, payment options, profile data, settings, and purchase history in the "My Account" section of the website.
WHAT OPTIONS DO I HAVE?
If you have any questions or objections regarding how we collect and process your personal information, please contact our Customer Service.
· As noted above, you may choose not to provide certain personal information, but in that case you may lose the ability to take advantage of many of the benefits of the Aquimejor Services.
· You will be able to add or update certain personal information on the "My Account" page. Normally, whenever you update your data, we keep a copy of the previous version for our records.
· If you do not want us to send you emails or other communications, please adjust your email subscriptions and notification preferences by going to My Account. If you do not wish to receive notifications from us in the mobile app, please adjust your notification preferences in the app or on your device.
· The Help feature on most browsers and devices tells you how to set your browser or device not to accept cookies, to notify you each time you receive a new cookie, or to disable cookies altogether. We recommend that you leave cookies enabled, given the possibility they offer you to take advantage of many of the essential AquiMejor Services. For example, if you reject or block our cookies, you will not be able to add items to your Cart, access the Checkout page, or use any of the AquiMejor Services that require you to log in. For more information about cookies, you can consult ourCookies Policy.
· If you wish to browse our websites anonymously, you can do so by logging out of your account and disabling cookies in your browser.
· Where you consent to the processing of your personal information for a particular purpose, you may withdraw your consent at any time and we will no longer process your personal information for that purpose.
· You may also be able to object to other types of treatment. Most non-AquiMejor devices also allow users to modify device permissions (e.g., disable/access location services, contacts). For most devices, those controls are located in the device's settings menu. If you have any questions about changing permissions on devices made by third parties, we recommend contacting your mobile operator or device manufacturer, as each device may have different permission settings.
In addition, in accordance with applicable law, you have the right to access, rectify and delete your personal information, as well as to request data portability. You may also object to our processing of your personal information or ask us to restrict such processing in certain circumstances. To do so, please go to the "My Account" section or contact Customer Service.
ARE MINORS ALLOWED TO USE AQUIMEJOR'S SERVICES?
Minors are not allowed to purchase Aquimejor products. The products for minors that we sell must be purchased by adults. Minors under the age of 18 may only use the AquiMejor Services under the supervision of a parent or guardian.
How long do we keep your personal information?
We retain your personal information so that you can use the AquiMejor Services on an ongoing basis and for as long as necessary to fulfill the purposes described in this Privacy Notice, as required by law (e.g., for tax and accounting purposes), or as otherwise disclosed to you by us. For example, we keep your transaction history so you can review past purchases (and repeat orders, if you choose) and the addresses to which you have shipped orders.
CONTACTS, NOTIFICATIONS, AND REVIEWS
If you have any questions regarding privacy at AquiMejor or want to contact one of our data controllers, please send us an email detailing your query and we will try to resolve it. Likewise, the data protection officer of these data controllers can be contacted through Aquimejor.
Our activities are constantly evolving and so will our Privacy Notice. We encourage you to visit our website frequently for the latest changes. Unless otherwise stated, our current Privacy Notice will apply to all personal information we process relating to you and your account. However, we are true to our word and would not materially change our policies or practices to make them less effective in protecting our customers' personal information collected in the past, unless we have the prior consent of the affected customers.
EXAMPLES OF INFORMATION COLLECTED
Information You Provide to Us When You Use the Aquimejor Services:
You provide us with information in the following cases:
·search for products or services;
·place an order through the Aquimejor Services;
• download, display, or use content on a device, or through a service or application; download or use an app on a device;
• provide information in My Account (and you may have more than one if you have used more than one email address or mobile phone number when shopping with us) or in the Modify Your Profile section;
·Upload your contact or shipping addresses.
• setting your preferences, providing data access permissions or interacting with your device or other Aquimejor Service;
• communicate with us by telephone, email or otherwise;
·complete a questionnaire, a helpdesk ticket or dispute an enrolment form;
·upload images, videos or other files.
·participate in community features or provide and value customer reviews.
By doing the above, you are giving us personal information such as your name, address and phone number, payment information, your age, information about your location, people to whom the items have been shipped (including postal addresses and phone numbers), email addresses of your friends or others, content of reviews and emails you send to us, the personal description and photograph of your profile, images and videos stored in connection with the Aquimejor Services, information and documents relating to your identity and position, corporate and financial information, credit history data, VAT numbers, and log files and device settings.
Automatic Information:
Here are some examples of the information we collect and analyze:
·the Internet IP address that you use to connect to the Internet with your computer or other device;
·Your account username, email address and password;
• information about your computer, device and internet connection such as the device application or browser version and type, your browser connection types and versions, operating system or time zone setting;
·the location of your device or computer;
• information relating to interaction with content, such as content download data.
·device parameters, such as when a device is being used, application usage, connectivity data, and any errors or failures;
·parameters of the AquiMejor Services (e.g., the existence of technical errors, your interactions with functionalities of the services and contents, your configuration preferences and backup data, location of your device running an application, data about images and uploaded files (e.g., file name, dates, times, and location of your images);
• purchase and content usage history (we sometimes gather similar information from multiple customers to create apps such as "Best Sellers");
·the "history of visits" of web pages (URLs) from, through and to our website (including date and time), number of cookies, products and/or content you have visited or searched for, page response times, download errors, information about interaction with the page (clicks, scrolling around the page or number of times you hover over certain items); and
·telephone numbers used to call our customer service.
We may also use device identifiers, cookies, and other technologies on devices, apps, and our websites to collect navigational data, usage, or other technical information for fraud prevention purposes.
Information Gathered from Other Sources:
Here are some examples of the information we gather from other sources:
· up-to-date postal and shipping information we collect from shipping companies or other third parties to correct our records and make the delivery of your next purchase easier;
• information about your account, purchases and returns, your visits to the website, or other information about your interactions with companies with whom we develop offers under the same brand or to whom we offer technical, fulfillment, payment, advertising or other services;
·links and search results, including paid listings;
INFORMATION YOU CAN ACCESS:
Some examples of information that you have access to from the AquiMejor Services are:
·the status of recent orders (including subscriptions);
·your complete order history;
• Personal information (including name, email, password, communications and personalized advertising preferences, address book)
• Email notification preferences (including Product Availability Alerts, Shipping, Special Occasion Reminders, and newsletters);
·your content, devices, services, and related preferences;
·content that you have recently viewed;
· Your Profile (including your Product Reviews, Recommendations, Reminders, and Personal Profile).
INFORMATION FROM MARKETPLACES
Processing of information from Marketplaces will be:
-Collected:
via API (webservices) o AWS.
-Processed:
Our management program processes the information for the generation of tax documents in accordance with current legislation and processing of shipments of orders to the address provided.
-Stored:
We have physical, electronic, and procedural safeguards in place in connection with the collection, storage, and disclosure of customer personal information.
Our devices offer security features that protect them from unauthorized access and data loss.
-Used:
We use the data collected to:
Purchase and delivery of products and services. We use your personal information to accept and manage orders, deliver products, and communicate with you regarding orders and products.
Compliance with legal obligations. In some cases, we have a legal obligation to collect and process your personal information. For example, we collect information from third-party sellers about the place of establishment and bank account for identity verification, among other purposes.
-Shared:
We share the information of name, surname, full address and telephone number with the transport company for the processing and delivery of orders.
-Eliminated:
We retain personal information for as long as necessary to fulfill the purposes described in this Privacy Notice, as required by law (e.g., for tax and accounting purposes). After this legally binding period, all personal data is deleted from our systems.