TERMS AND CONDITIONS OF SALE
Updated: 06/20/2023
Version: 2
This document regulates the terms and conditions of use of the accessed website and the commercial relationship that arises between AQUABLUE PREMIUM WATER, S.L (hereinafter THE VICHY STORE) and the users who make the remote contracting of the products that appear on the site. Web: https://www.latiendavichy.com.
These general conditions of LA TIENDA VICHY regulate, on the one hand, the purchase and supply at home of the drinks that AQUABLUE PREMIUM WATER, S.L sells at any time and, on the other hand, the rental or transfer under a deposit regime of any machinery that AQUABLUE PREMIUM WATER, S.L also supplies at home (Water dispensers, coffee makers, ...) that it offers at all times through www.latiendavichy.com and through the current catalog at any time called "THE VICHY STORE". By placing the order, the Customer, as the buyer of the beverages or any of the products marketed and/or the lessee of the machinery, declares that they have read and are aware of these conditions, as well as the rates, shipping costs and current promotions and the has previously and expressly accepted the order.
These General Conditions may be modified without prior notification, therefore, it is advisable to read their content carefully before proceeding to purchase any of the products offered.
The acquisition of any of the products entails the full and unreserved acceptance of each and every one of the General Conditions indicated, without prejudice to the acceptance of the Particular Conditions that may be applicable when acquiring certain products.
When making a purchase on our website, you guarantee that you are over 18 years of age and that you have the necessary legal capacity to contract.
1.IDENTIFICATION
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the Website https://www.latiendavichy.com (hereinafter, the "Website") is owned by:
COMPANY NAME: AQUABLUE PREMIUM WATER, S.L
TRADENAME: THE VICHY STORE
CIF / NIF / NIE: B-61473120
REGISTERED ADDRESS: Ronda Norte, 324 – El Bony Industrial Estate, 46470 CATARROJA (Valencia)
COMMERCIAL REGISTRATION: Mercantile Registry of Valencia, volume 11322, page 8600, section 8, page V-209312, 2nd entry.
2.COMMUNICATIONS:
To communicate with us, we offer you different means of contact that we detail below:
Business address: C/. Riera Can Pahissa, 8 – P.I. the Pla de 08750 MOLINS DE REI (Barcelona)
Phone: +34 608 62 18 81
e-mail: customer [email protected]
3. MAIN CHARACTERISTICS OF OUR PRODUCTS AND SERVICES
The products offered, together with their main characteristics, the minimum purchase quantities and their price appear on the screen.
The descriptions of the Products and Services offered on the Website are made based on the information and documentation provided by the manufacturers and suppliers of THE VICHY STORE.
THE VICHY STORE reserves the right to decide, at any time, the products and/or services offered to Customers. In this way, THE VICHY STORE may, at any time, add new products and/or services to those currently offered. Likewise, THE VICHY STORE reserves the right to withdraw or stop offering, at any time, and without prior notice, any of the products offered.
4. AVAILABILITY AND SUBSTITUTION
The products offered are distributed to Peninsular Spain and the Balearic Islands.
The quantity and variety of the PRODUCTS that are the object of the order and the delivery time of the same will be conditioned to the availability that AQUABLUE PREMIUM WATER has at any time, S.L.U. The delivery of the Products will be made at the address designated by the Client according to the General Conditions of Sale indicated in https://www.latiendavichy.com.
AQUABLUE PREMIUM WATER, S.L.U., or whoever it designates to act on its own, will not accept orders or make deliveries outside the parameters stipulated in the General Conditions of Sale.
All orders are subject to availability of the Products. In the event that, once the shipping confirmation has been sent, THE VICHY STORE is unable to dispose of the requested Product for any reason, it will contact the User as soon as possible, communicating this fact.
In this case, THE VICHY STORE may:
offer the User to cancel the Order requested by reimbursing the amount paid by the
same, within (14) business days, and/or
given that No partial deliveries are made, if there is no availability of any of the
products of the order, a credit will be made to the customer for the products not supplied.
5. HOW TO BUY?
At THE VICHY STORE we want to provide you with great comfort when shopping through our online store. Here on our website, you will have access to all the products we have. We offer a totally comfortable and safe purchase, and if you need help we can advise you which is the best option for your needs.
6. PURCHASE AND/OR CONTRACTING PROCESS
You will be able to navigate the website until you find the desired item. Once located, clicking on it will access all the detailed information offered by the website. From here you can add the item to your purchase.
If you are placing an order with us for the first time, you will be asked to register by entering your email address and a password with which you can create and access your account.
If you are a registered user with an active account, you must enter your email and password and the system will recognize your data.
Once you are in your account you can continue your purchase and finally confirm the order where the total price of the order will be indicated, including VAT and shipping cost.
If you do not want to make any other order, you have to press the "ORDER WITH PAYMENT OBLIGATION" button to access the last screen to carry out the payment process using the "PAY" button; to validate it and access the corresponding payment gateway and make the payment.
Within a maximum period of 24 hours from the reception of the acceptance, you will receive the confirmation of the order by e-mail to the e-mail address that you have indicated.
Likewise, it is recommended that the client print and/or save a copy on a durable medium of the conditions of sale when placing their order, as well as the receipt receipt sent by THE VICHY STORE by email.
7.BILLING
Together with your order, and in compliance with art. 63.3 of RDL 1/2007, of November 16, (LGDCU) the user will receive the corresponding delivery note in paper format.
The delivery note delivered together with the PRODUCTS will include the detail in quantity, type of PRODUCTS, their price and the date and place of delivery. Payment of the price may be made (i) through the payment methods stipulated in the Payment Conditions reported in https://www.latiendavichy.com and in the current catalog at all times. AQUABLUE PREMIUM WATER, S.L.U. will issue and, if requested, will send the Customer the invoice corresponding to the products delivered.
If the user wants the invoices to be sent in electronic format, it will be necessary to expressly indicate in the "observations" section of the registration form indicating "I want to receive an electronic invoice" or contact the user service of THE VICHY STORE to obtain your express consent and the form of receipt of the electronic invoice will be specified. The user who has chosen this option may, at any time, revoke this consent by writing to the e-mail customer [email protected] indicating in it "revocation of invoice in electronic format" and for future purchases you will receive invoices in paper format that will be sent by postal mail.
8. DELIVERY
THE VICHY STORE undertakes to deliver the product in perfect condition to the address indicated by the user. To optimize the delivery process, the address indicated by the User must be an address where delivery can be made within normal business hours.
Orders are shipped according to the following logistic allocation:
The delivery will be made depending on the day of the route, within the hours of 8 a.m. to 2 p.m. or from 10 a.m. to 5 p.m. depending on the client's Postal Code.
The distribution is subject to the correct information by the client of their data and place of delivery of the order. The company will have the power to cancel an order under these circumstances.
The allocation of the delivery day will be chosen by the customer before finalizing the order.
The transport and delivery of orders will be carried out at the stipulated times from Monday to Friday, excluding holidays.
Due to the occupational risk prevention regulations, LA TIENDA VICHY reserves the right and power not to make the delivery if the difficulty of it makes it impossible to correctly manage it. See especially the assumptions of floors without elevators, streets with difficult access or other particularly difficult locations. The refund of the amount of the order will be made after a telephone or e-mail communication with the client.
Shipping charges, if any, include packaging, handling, and delivery to your address. They may contain a fixed and a variable part based on the price or weight of your request. We recommend that you consolidate your purchases in a single order to avoid two different delivery orders and therefore two shipping costs.
The Product will be delivered to the address indicated by the user, except in circumstances of "Force Majeure" that cannot be foreseen by THE VICHY STORE.
*Force Majeure”: Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
1. Strikes, lockouts or other protest measures.
2. Civil commotion, riot, invasion, terrorist attack or terrorist threat, war (declared or not) or
threat or preparations for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other disaster
natural.
4. Impossibility of using trains, ships, planes, motor transport or other means of transport,
public or private.
5. Impossibility of using public or private telecommunications systems.
6. Acts, decrees, legislation, regulations or restrictions of any government or public authority.
7. Failures or accidents of maritime or fluvial transport, postal or any other type of transport.
The delivery is considered made from the moment in which the product has been made available to the User at the place of delivery indicated by the user.
The risk of the Products (among others, loss, damage or theft) will be transferred to the User from the moment the order for Products has been made available to the User in accordance with the provisions of these conditions of Sale.
Upon receipt of the PRODUCTS, the Client (or the person acting on behalf of the Client and under his responsibility) must sign a delivery note (also noting the DNI, NIE or Passport number of the signatory) as proof of the Client's compliance with that (i) the delivery has been duly made at the agreed place and date, (ii) the PRODUCTS subject to delivery have been all those ordered by the Client, (iii) the Client has been informed prior to the placing your order of the official prices of the PRODUCTS, of the shipping costs, of the fact that the applicable indirect taxes are included in the prices and of the current promotions, and with what (iv) the PRODUCTS delivered have been subject to inspection by the Client, are free of apparent defects and have a preferred consumption date, if necessary due to the type of product, appropriate to the actual estimated consumption of the PRODUCTS at your home.
9. PRICES, EXPENSES AND TAXES
Prices
The price of each product is duly indicated on the information page of each of the products, as well as its corresponding description.
In accordance with current legislation, any purchase made from our website will be subject to value added tax. The applicable rate will be the one legally in force at all times.
All prices are shown in euros (€) and must be considered as the final price to be paid by the customer (including VAT or not depending on the delivery territory, as indicated in the previous paragraphs). Transportation costs (if any) as well as taxes and duties for the entry and exit of the product outside mainland Spain and the Balearic Islands are not included in this price and will be specifically reported in each case.
The price of the order will be calculated automatically at the time of filling the shopping cart.
Prices may change at any time. However, the possible changes will not affect the Products for which THE VICHY STORE has already sent the Shipping Confirmation.
Shipping costs:
Shipping costs are automatically calculated during the checkout process.
Promotional gifts:
Promotional gifts that may be offered at any time for the purchase of PRODUCTS will be subject to the dates and availability of the units indicated at any time in https://www.latiendavichy.com, through the express communication of the promotion and in the current catalog called "latiendavichy.com”.
10.GENERAL CONDITIONS FOR USE OF THE GIFT CARD.
The amount of the gift card is from €10.00 to €500.00.
The Gift Card is valid only for purchases inlatiendavichy.com
The Gift Card makes available to the beneficiary the chosen balance (or similar) (Tax Included) for purchases inlatiendavichy.com
The clientslatiendavichy.com may use a maximum of one Gift Card. Not being cumulative more than one Gift Card in the purchase of a single user.
The balance of the card must be used in a single purchase, depleting the amount of the balance for the total or partial payment of the products purchased inlatiendavichy.com
The Gift Card is anonymous, non-nominative and transferable.
The card is not exchangeable for money nor will its balance be refundable in any case.
The Gift Card has an expiration of 1 year from its activation
In case of theft or loss, it will not be replaced, nor will the possible remaining balance be paid. AQUABLUE PREMIUM WATER, S.L.U. is not responsible for lost or stolen cards.
In purchases of products whose payment is made totally or partially by card, the General Conditions established for each case will be observed depending on the product, type of sale or offer that are applicable. These Conditions do not replace the previous ones and their scope is limited to the regulation of the means of payment used.
A minimum purchase of €50 (Incl. Taxes) is necessary to enjoy the discount.
11. FORMS OF PAYMENT
Payment for the purchased product may be made:
By bank transfer.
O When paying by bank transfer, once the order is confirmed, you will receive all the necessary information to make the transfer. The order will be sent when the deposit in our bank account is confirmed. The transfer must be made in Euros (€).
By credit or debit card. Redsys secure payment system.
For card payments, the amount of the order will be charged to the card, so you must indicate the number, the expiration date, as well as the CW2 security code (included on the front).
If the card is secured, you will be asked for the relevant security codes.
These data will not be stored or manipulated by THE VICHY STORE, but will be registered directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce authentication service, a system established by Visa / MasterCard / Eurocard and other office payment systems, through which the user authenticates himself before his issuing Entity and the merchant authenticates himself before his acquiring bank. .
In order to guarantee the confidentiality and integrity of the transactions, they are carried out through the SSL (Secure Socket Layer) protocol with 128-bit security keys.
The charge will be carried out in real time through this payment gateway. In the event that the charge cannot be carried out finally (for any reason), the order will be automatically cancelled.
12. RIGHT OF WITHDRAWAL
Information and Exercise of the Right of Withdrawal
As established by the regulations, the consumer and user will have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without the need to indicate the reason and without incurring any cost, except those provided for in art. 107.2 and 108 of RDL 1/2007, of November 16, which approves the aforementioned text of the General Law for the Defense of Consumers and Users (LGDCU).
The User will not have the right to withdraw on the basis of the exceptions provided for in article 103 of RDL 1/2007, of November 16 (LGDCU) and, especially, with an illustrative and non-limiting nature, in the following cases:
Regarding the goods, the right of withdrawal cannot be exercised in the event that:
• Have been personalized.
• They can be damaged quickly.
• Are sealed and are not suitable for return for health or hygiene reasons or have been unsealed after delivery.
• They have been mixed inseparably with other assets.
The client will have a maximum period of 14 calendar days from the day of receipt of the requested good or product to inform LA TIENDA VICHY of his desire to withdraw from the contract.
Withdrawal implies that THE VICHY STORE will proceed to refund the amount already paid by the customer within a maximum period of 14 calendar days, following the same procedure chosen by the customer for payment (provided that the product purchased is not within the exceptions noted above).
During this period, the consumer will notify the employer of his decision to withdraw from the contract by filling out the form found in -ANNEX I- at the end of this document and sending it to the email address of THE VICHY STORE.
Once the period of fourteen (14) calendar days has ended, THE VICHY STORE will not accept returns for withdrawal of purchases of Products.
To use this system, the following requirements must be met:
o The Product must be in the same state in which it was delivered and must keep the instructions, documentation, accessories, its original packaging and labeling. The identification labels must still be attached to their respective products. (Otherwise a partial refund will be made or it will be denied)
o The return to THE VICHY STORE must be made using the same box or envelope used in the delivery or, if not, in a similar format that guarantees the return of the Products in perfect condition.
Once we receive your request, we will contact the user to indicate the details of the return.
Reimbursement of the price of the Products to the User
In the event of the exercise of the right of withdrawal, the User will be entitled to a refund of the price of the returned Products, provided that the returned Products are in the same condition in which they were delivered, have not been used, washed, damaged or
lost before reaching the premises of THE VICHY STORE or the requirements established in these Conditions of Sale have not been met.
THE VICHY STORE will check the adequacy of the returned Product in its warehouse, reserving the right not to make the refund if it detects that the Product purchased and the one returned do not match or that the return has not been made in accordance with these Conditions of Sale.
Partial returns of an order will give rise to refunds of the price and partial shipping costs. In this case, the shipping costs will be borne by the user.
THE VICHY STORE will not be responsible for the direct costs and expenses caused to the User for those returns of products in the exercise of the right of withdrawal, therefore, the User will assume the return shipping costs.
THE VICHY STORE will manage the price refund order through the same payment system used by the User and/or by bank transfer to purchase the Products, within a period of forty-eight (48) hours from the confirmation of arrival at the warehouse of the returned order and, in any case, within a period not exceeding the course of 14 calendar days from the date the User communicated his withdrawal. The application of the price refund will be made based on the payment system used for the purchase (transfer, credit card, ...).
Payment to the user's account or card will depend on the card and the issuing entity.
13. RETURN POLICY
In cases where the order is not in accordance with what was requested by the client in https://www.latiendavichy.com, he will have a period of two months from when he became aware of the lack of conformity of the order to notify it. Returns of open PRODUCTS will not be accepted, in containers other than those in which they were supplied or in containers damaged by the Client, nor when they have been separated from the packs in which they were supplied. Neither will returns of products be accepted after 14 business days after receiving them; except in cases where the reason for return is due to an incidence of the product at origin.
Return of defective Products
The User will be entitled to a refund of the price, shipping costs and shipping costs for the return of defective Products or Products delivered if they do not correspond to the order placed by the User, in accordance with the applicable legislation. .
For these purposes and to manage returns quickly and easily, you will have to contact THE VICHY STORE by email [email protected], by phone at +34 608 621 881 within a maximum period of 14 calendar days from the date of receipt of the order.
THE VICHY STORE will manage the price refund order through the same payment system used by the User and/or by bank transfer to purchase the Products, within a period of forty-eight (48) hours from the confirmation of arrival at the warehouse of the returned order and, in any case, within a period not exceeding the course of 14 calendar days from the date the User communicated his claim. The application of the refund of the price in the user's account or card will depend on the card and the issuing entity.
14. WARRANTY
In compliance with the General Law for the Defense of Consumers and Users (LGDCU), the products purchased through the website https://www.latiendavichy.com They enjoy the corresponding guarantee, from the moment of their acquisition, which covers possible manufacturing defects of the product, although in the food field, the nature of the products determines the terms that are reduced and determined by the manufacturer himself when indicating the date of expiration or preferential consumption.
15. LIABILITY AND EXEMPTION FROM LIABILITY
The consumer and user has the right to repair the product, to replace it, to reduce the price or to terminate the contract, as established in Chapter II Tit. IV Book II of the General Law for the Defense of Consumers and Users.
If the product does not conform to the order, the consumer may choose between repairing or replacing the product, both being free of charge for the consumer, which will be carried out within a reasonable period of time depending on the nature of the products. and the purpose for which they were intended.
If the repair is completed and the product delivered, it is still not in accordance with the order, the consumer may demand its replacement, the price reduction or the resolution of the order.
16. USER SERVICE
Contact channels of the User Service:
BUSINESS ADDRESS: C/. Riera Can Pahissa, 8
POPULATION: 08750 MOLINS DE REI
PROVINCE: Barcelona
TELEPHONE: +34 608 62 18 81
EMAIL: [email protected]
17.CLAIMS
To file any complaint or claim with THE VICHY STORE, the customer must contact the customer service either at the telephone number +34 608 621 881 or by filling out the claim form found in -ANNEX II- at end of this document and
sending it to the email address of THE VICHY STORE [email protected].
According to the Resolution of online disputes in matters of consumption of the EU and in accordance with Art. 14.1 of the
Regulation (EU) 524/2013, we inform you that the European Commission provides all consumers with an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/.
18. STORAGE OF THE PRODUCTS
It is the Customer's responsibility to store and preserve the PRODUCTS under the conditions that, where appropriate, are established on the labeling of each one of the PRODUCTS and/or those that AQUABLUE PREMIUM WATER, S.L.U. I could communicate to them. It is the Client's responsibility to store and preserve it separately in a clean, cool, dry place, free of insects, dust and adequately conditioned for food preservation, away from strong odors, sources of heat and/or direct sunlight.
Regarding the packaging of the PRODUCTS, it is the Client's responsibility to treat and recycle them in accordance with the regulations that are applicable at all times.
19. COLLECTION OF RETURNABLE CONTAINERS AND PLASTIC BOXES AND PENALTY IN CASE OF NON-RETURN THEM
The returnable containers of the PRODUCTS, in the event that they are supplied in the refillable glass format, and the plastic boxes in which they are transported and stored are the property of AQUABLUE PREMIUM WATER and left in deposit at the Customer's address. AQUABLUE PREMIUM WATER, S.L.U. will collect the refillable containers at the Customer's address: (i) with the next delivery of Products.
The Customer is obliged to return to AQUABLUE PREMIUM WATER, S.L.U. the refillable containers and plastic boxes that in each case have been supplied by AQUABLUE PREMIUM WATER, S.L.U., so if this were not the case, once the requirements detailed in the previous paragraph have been met, AQUABLUE PREMIUM WATER, S.L.U. will not pay the client the amounts left in deposit. The payment of said containers will be made only in the event that the full return of each product is made.
In the Web pagewww.latiendavichy.comThe amounts corresponding to said deposits of RU format containers and the aforementioned penalties in case of non-return of plastic boxes and refillable glass bottles are reported. Likewise, the Client may request information about said penalties and their amounts in the email [email protected].
20. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These conditions will be governed by Spanish law.
The parties agree to submit for the resolution of any controversy, conflict or claim derived from this contract, to the Courts and Tribunals of the user's domicile.
21. PARTIAL NULLITY
In the event that any clause of these Conditions of Sale is declared void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these Conditions of Sale.
The non-exercise by THE VICHY STORE of any right derived from these Conditions of Sale shall not be construed as a waiver of this right, unless expressly waived in writing by THE VICHY STORE or prescription of the action that corresponds in each case.
(See annexes)
ANNEX I
WITHDRAWAL FORM
For the attention of:
AQUABLUE PREMIUM WATER, S.L
C/. Riera Can Pahissa, 8 – P.I. El Pla – 08750 MOLINS DE REI (Barcelona)
Telephone: +34 608 62 18 81
e-mail: [email protected]
I hereby notify you that I withdraw from the sales contract entered into with you in relation to
to the following products and/or services:
PRODUCT / SERVICE REFERENCE
________________________________________________________ ____________
________________________________________________________ ____________
______________________________________________ _____________
Order number: ________________
Order date: ________________ Order receipt: _______________
CONSUMER DATA
Name and surname: ________________________________________
CIF/NIF/NIE: ____________________________________
Home: ________________________________________
Phone: ________________________________________
Email: ____________________________________
On ________________________ on _____ of __________________ of ______ .
Signature:
Basic information on Data Protection: Responsible: AQUABLUE PREMIUM WATER, S.L; Purpose: Carry out the management
administrative power to process the withdrawal/return in accordance with current legislation; Legitimation: Execution of
contract in accordance with the withdrawal request exercised by you and for compliance with a legal obligation.; Recipients: I don't know
they will transfer data to third parties, except by legal obligation; Conservation: Your data will be kept for the precise time to process the
return or withdrawal process and comply with the obligations derived from this process; Rights: Access, rectify and
delete the data, as well as other rights, such as sending an e-mail to [email protected] or consulting our
privacy policy on the website: https://www.latiendavichy.com; Revocation: If you do not wish to receive our information,
contact us by sending an email to the address: [email protected], indicating the word LOW.
ANNEX II
CLAIMS FORM
For the attention of:
AQUABLUE PREMIUM WATER, S.L
C/. Riera Can Pahissa, 8 – P.I. El Pla – 08750 MOLINS DE REI (Barcelona)
Telephone: +34 608 62 18 81
e-mail: [email protected]
PRODUCT / SERVICE REFERENCE
___________________________________________________ _________________
___________________________________________________ _________________
REASON FOR THE CLAIM:
Order number: _______________
Order date: _______________ Order receipt: ______________
CLAIMANT'S DETAILS
Name and surname: _______________________________________
CIF/NIF/NIE: ______________________________________
Home: _______________________________________
Phone: _______________________________________
Email: ________________________________________
On ________________________ on _____ of __________________ of ______ .
Signature:
Basic information on Data Protection: Responsible: AQUABLUE PREMIUM WATER, S.L.; Purpose: Carry out the management
administrative power to process your claim or the guarantee of orders in accordance with current legislation; Legitimation:
Execution of contract and for the fulfillment of a legal obligation.; Recipients: No data will be transferred to third parties, except for
legal obligation; Conservation: Your data will be kept for the precise time to process the return or withdrawal management and
comply with the obligations derived from this management; Rights: Access, rectify and delete the data, as well as other rights,
sending an e-mail to [email protected] consulting our privacy policy on the website:
https://www.latiendavichy.com; Revocation: If you do not wish to receive our information, please contact us by sending
an email to the address: [email protected], indicating the word LOW.