CONTRACTING CONDITIONS FOR GOODS AND/OR PRODUCTS OFFERED ON THE WEB PLATFRM HTTPS://WWW.VIVITAALOE.COM/
1. GENERAL CONDITIONS
The present General Conditions of Contracting (hereinafter, the "GCC") are applicable to the sale of products made with Aloe Vera by the company denominated “VIVITA ALOE INTERNATIONAL COMPANY, S.L.” (hereinafter, VIVITA ALOE), through the https://www.vivitaaloe.com/ platform (hereinafter, the "platform"), and we therefore urge that, whenever you wish to place an order, you should carefully and in detail read the present conditions before formulating or making any order or contracting through that platform since you will be bound by the conditions in accordance with the Spanish regulations applicable to these cases.
Our products have been properly manufactured in accordance with the most demanding quality certificates, and satisfy all requirements and legal authorisations for their proper marketing and distribution vis-à-vis third parties so as to avoid any risk which might affect the health or safety of the consumers and users under normal or reasonably foreseeable conditions, in accordance with the current state of technical knowledge. You must pay attention to and follow the instructions and recommendations for use that are publicised at all times for each of the products which are marketed on line using the platform.
This project is under the ownership of VIVITA ALOE, with Fiscal Identification Number B38645883 and is registered at the company registry of Santa Cruz de Tenerife, Volume 2208, Book 0, Folio 80, Page TF-26647, fourth registration, and it has its corporate registered office at Camino Bananera 16, Arona 38627 Santa Cruz de Tenerife, Islas Canarias, Spain, and its e-mail address is email@example.com.
Buying any of the products on the https://www.vivitaaloe.com/ platform implies the acceptance by the customer of the following:
The making of a valid contract between the parties in accordance with the present conditions and the applicable legislation and, therefore, the commitment of the customer to pay the prices and make the corresponding payments, as this is a sale of goods with an obligation of payment. .
Neither of the parties may transfer these general conditions or any of the rights or obligations arising from them to a third party without the express consent of the other party, except if the transfer is in favour of one of its subordinates, its parent company, another company from the same legal company group with which it shares a parent company or, in the case of succession of companies as a consequence of a merger, absorption, or substantial transfer of all the assets or goodwill.
Those users who wish to contract for goods or services via the platform must be at least eighteen (18) years of age or, in the case of minors, they must be legally emancipated and, in any case, must have sufficient legal capacity to be able to make a valid contract.
3. AVAILABILITY AND INFORMATION ON THE GOODS OR THE PRODUCT.
Our platform has the necessary information about the characteristics and availability of the goods and products that are offered. If when you make your order, for any reason, the product or goods were not available, we would inform you of this fact immediately and you would not be charged any money in relation with the dealing.
Additionally, each piece of merchandise or product is associated with further information which is generally linked or related directly with the characteristics and specific table of specifications. VIVITA ALOE controls the entire production process: from our own ecological cultivation, to the preparation and final packaging so as to be able to offer you the highest standards of quality in relation to the products at your disposal on the platform.
4. MEANS OR MODES OF PAYMENT ACCEPTED.,
You may use any of the following credit or debit cards as a means of payment: Visa, MasterCard and Maestro. In this connection, you must enter the details of your card during the confirmation of your order. We adopt reinforced security measures to protect this information using our secure server system.
You may also use PayPal as a means of payment on the platform.
However, the following are not accepted as means of payment:
If the purchase has taken place using a credit or debit card and the demand for a refund was not the consequence of having exercised the right to cancel or of resolution, the customer will be obliged vis-à-vis VIVITA ALOE to repair the damage and loss caused as a consequence of the said cancellation.
All the prices set out on our platform include the legally applicable taxes, with the corresponding breakdown being indicated expressly in accordance with the applicable regulations.
If you do not fulfil the stipulated contractual obligations, VIVITA ALOE may terminate the contract between the parties, by means of a communication in writing which may be sent via e-mail to the address indicated by the customer or user, and it may retain any amount paid relating to the order which, up to the present, has been paid by him/her, without prejudice to the possible additional claim relative to compensation of damages which have been caused to VIVITA ALOE.
6. CONFIRMATION OF RECEIPT OF YOUR ORDER.
Once you have correctly placed your order on the platform, you will receive an e-mail in relation to the receipt of acceptance relative to the electronic contracting carried out. All of this is compliant with the provisions of the applicable legislation.
Likewise, you expressly accept that you will receive the electronic bills for your purchases in PDF format via the e-mail supplied for the formalisation of the corresponding order. All of this is without prejudice to the legal possibility that the customer may revoke his/her consent in this area via the following e-mail address: firstname.lastname@example.org.
7. RIGHT TO CANCEL.
7.1. What does it consist of?:
Regardless of the exceptions that are indicated below, you may cancel your order without any reason within the period of fourteen (14) calendar days counted from the day on which you or an indicated third party (other than the carrier) acquire material possession of the goods ordered. In the case of the delivery of multiple goods ordered by you in the same order and delivered separately, the period will be computed from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the final one of the goods. In any case, once the period of fourteen (14) calendar days has passed relative to the right to desist, VIVITA ALOE will not accept returns of goods due to cancellation of purchasing products or goods offered on the platform.
7.2. Exceptions to the right to cancel:
The right to cancel will not be applicable in accordance with Royal Legislative Decree 1/2007, of 16th November, by which the revised text of the General Act in Defence of Consumers and Users and other complementary laws (hereinafter, RDL 1/2007) are approved, to contracts which refer, among other things, to:
Therefore, in this final case, and according to the nature of the products which are offered on the platform, if they are sealed, if you break the seal you may not exercise your right to cancel in the terms set out in law.
7.3. Exercise of the right to cancel:
Before the period of time for desisting expires, if it should be applicable, the consumer must notify VIVITA ALOE of his/her decision to cancel the corresponding order, for which purpose he/she must send his request in accordance with the instructions and forms made available for this purpose by VIVITA ALOE at all times. He/she may also use the specimen form for cancellation which features in Appendix B of RDL 1/2007, to which he/she can gain access by clicking here, or alternatively by making another kind of unequivocal statement in which his/her decision to cancel the contract is indicated. VIVITA ALOE will confirm the receipt of the request to exercise the right of cancellation.
In any case, the customer must return the articles following the instructions given in each case by VIVITA ALOE.
7.4. Effects of the right to cancel:
VIVITA ALOE will reimburse the price of the product to the customer no later than 14 days after the day on which it received the notification of cancellation via the same means of payment or systems of payment that the consumer used in the initial dealings for the goods or the product, except if the parties otherwise expressly agree. VIVITA ALOE may retain the refund until it has received the goods from the customer or until the customer has given proof of the return of the said goods.
For his/her part, the customer may return the goods or hand them over to VIVITA ALOE (or to a person authorised by VIVITA ALOE to receive them) without any undue delay and, in any case, at the latest within the space of 14 calendar days counted from the date on which the decision to cancel the contract is notified to VIVITA ALOE.
The customer or user will bear the direct costs of return of the goods and products purchased via the platform and, furthermore, will be responsible for any reduction in value of the goods arising from the handling thereof other than what is necessary to establish their nature, their characteristics or their operation.
The exercise of the right of cancellation will extinguish the obligations of the parties to execute the contract and therefore the provisions of the GCC.
8. EXECUTION OF THE CONTRACT.
Once you have received the e-mail confirming the purchase, generally, the delivery of your order will take place at the address indicated on the form within the space of no more than five (5) working days. All of this is in accordance with the maximum legal period of time for the execution of the contract between the parties which amounts to 30 calendar days from the moment at which the contract is made.
In the case that the contract is not carried out by VIVITA ALOE as the goods or the service contracted for are not available, as has been indicated above, the customer will be informed of this lack of availability. If this absence of availability arises subsequently to the contract made, the customer will recover without undue delay the sums or quantity of money which he paid for the same.
In any case, if the goods or the product ordered by the customer are not available, VIVITA ALOE may offer and supply without any increase in price goods or a product of similar characteristics which is of the same or greater quality. In these cases, the customer may exercise his/her right to cancellation and termination on the same terms as if it were the goods or the product initially ordered.
9. AFTER-SALES LEGAL GUARANTEE.
VIVITA ALOE will answer to the consumer for those goods or products which are not in accordance with the contract at the moment of delivery of the product. For these purposes, the matter will be governed by the provisions of the Spanish rule in force for the protection of consumers and users.
Except in the case of contrary evidence, it will be understood that the products are in accordance with the contract provided that they fulfil all the requirements that are expressed below, except if due to the circumstances of the case any of them are not applicable:
There is no liability for non-conformity that the customer knows of or could not fundamentally fail to become aware of at the moment of making the contract.
If the goods or the product were not in accordance with the contract, the customer may demand the replacement of the product, except if this is objectively impossible or disproportionate. Such replacement will be free of charge to the customer and will include the necessary expenses made to correct the non-conformity of the products with the contract, and in particular, the postage expenses or those of transport.
In the same way, the reduction in the price and the termination of the contract will proceed, at the election of the consumer, when the consumer cannot demand replacement as well as in the cases in which replacement has not taken place within a reasonable space of time. Termination will not be correct when the non-conformity is of little importance. Likewise, a reduction in price, if applicable, will be proportional to the difference that there is between the value that the product or the goods would have had at the moment of delivery if they had been in accordance with the contract and the value that the product delivered had at the moment of the said delivery.
10. POLICIES AND COST OF SHIPMENT.
10.1. Geographical scope:
The user may purchase VIVITA ALOE products in the following countries:
(*) Ceuta and Melilla, Azores and Madeira are excluded.
In the case of any territory which is not included in this list, you may purchase VIVITA ALOE products by directly contacting the company at the email@example.com e-mail address, where you will be informed directly and personally about the particular conditions which might be applicable in each case.
10.2. What is the cost of the shipment?:
The customer will be expressly informed via the platform of the cost of the shipment of the different goods and products which may be acquired on the platform for each kind of goods or products prior to and specifically before he/she can formalise the relevant order in accordance with the procedure set down for these purposes on the platform. This cost includes, if applicable, the taxes that may be applicable to each case.
In general, the prices that VIVITA ALOE sets for shipments of the goods and products acquired via its platform are as follows:
Without prejudice to the foregoing, and with a general character, if multiple orders are made in a differentiated manner, the shipment costs of each order will be applied separately, given that orders which have the same sending address will not be grouped in a single package.
VIVITA ALOE informs its customers that under no circumstance will it make itself responsible for the customs costs which might be involved in the shipment of merchandise, and it is always the customer who must face this cost, if it exists, according to the customs regime of the country of delivery.
If it is not possible to make the delivery of the order due to the fault or error of VIVITA ALOE, no amount of money will be charged in connection with the shipment.
10.3. Which shipping companies do we use?:
VIVITA ALOE will make contracts for such shipment with companies which can guarantee and offer a good service to our users and customers at the least possible cost to them with the result that the list of these companies may be altered at any moment by VIVITA ALOE in accordance with such criteria. Our current transport supplier is Correos Express (https://www.correosexpress.com/web/correosexpress/).
10.4. Is there any restriction on shipments?
At present, there are no shipment limitations applied on the weight or size, although VIVITA ALOE reserves the right to modify this policy or contractual condition.
10.5. Where can I verify the state of my order and monitor its progress?
Once you have received the e-mail confirming your purchase, your order will be delivered to you – at the address indicated in the form – within the space of no more than five (5) working days.
Via the Correos Express platform, you will be able to monitor the state of the shipment of your order by entering the order monitoring number which you will receive in the confirmation e-mail.
10.6. What if my order is not delivered?
Sometimes, orders cannot be delivered and are returned to VIVITA ALOE (incorrect address, problems related with the address, failed delivery attempts, etc.). In these cases, the amount of the order will be reimbursed to the customer – excepting shipment expenses -, and the order will not be resent, so that if you wish to purchase goods or a product which it has not been possible to deliver, it will be necessary to make a new order via the platform.
In any case, if there is any doubt in this regard, or doubt about whether the order will finally be delivered or not, you can contact us and we will inform you on the basis of the data and the information that VIVITA ALOE may have with regard to the order.
10.7. What should you do if you receive a damaged, defective or incorrect product?
If a damaged, defective or incorrect product is received, it is necessary to act as indicated in the Policy on Returns and Repayments set out below.
11. POLICIES ON RETURNS AND REPAYMENTS.
This return policy does not affect the customer’s legal rights as set out in Royal Legislative Decree 1/2007 of 16th November by which the Revised Text of the General Law on the Defence of Consumers and Users and other complementary laws are approved.
Without prejudice to the right of cancellation and on an additional basis to it, VIVITA ALOE will only accept returns of defective or incorrect products with regard to the order placed by the customer.
If the products are defective or incorrect in relation with the order placed by the customer or the user of the platform, the customer will have the right to a refund of the price, of the shipment costs and of the transport costs for the return in accordance with the applicable legislation. In all other cases in which a return is permitted, in accordance with the provisions of the present GCCs, the customer who wishes to return any goods, a product or merchandise must pay the costs of the return thereof himself or herself.
In any case, if you wish to return goods or a product purchased on the platform, as long as this is possible in accordance with the present conditions and the applicable legislation, you must request this return at our e-mail address: firstname.lastname@example.org. It is very important that, via this contact e-mail, together with the identification number of the order and other details of the order, the customer should explain the reasons for the return.
In the light of the information supplied by you, VIVITA ALOE will accept or reject in advance the return according to the provisions of these conditions and the applicable legislation. You will be informed of this situation as well as of the state of the said return, if it is accepted, via the contact e-mail supplied by the customer.
In order for returns of goods and products bought on the platform to be accepted, they must fulfil the following requirements:
As regards the period of time for the return of products or goods, the following situations are distinguished:
Apart from in the cases in which it is legally bound to do so or those cases indicated specifically in these conditions of sale, VIVITA ALOE will not accept any returns of goods and products purchased on the platform.
The money refund which might be available will be made using the same means of payment in which the purchase was paid for. In general, only the price of the product or goods purchased will be repaid except in the case of defective or incorrect products in which the possible shipment costs will also be repaid (if they have been applied to the order) as well as the return costs.
VIVITA ALOE will not be liable for:
13. APPLICABLE LAW AND JURISDICTION.
These terms and conditions are governed in each and every one of its clauses by applicable Spanish law, which shall apply in the event of disputes or disagreements arising from the interpretation and/or execution thereof, or any other of the specific conditions provided in the Platform, waiving any other jurisdiction that may apply to the parties and subject to the competent Courts and Tribunals of Santa Cruz de Tenerife (Island of Tenerife, Canary Islands, Spain).
14. MODIFICATION OF THE CONDITIONS, POLICIES AND LEGAL WARNINGS.
VIVITA ALOE reserves the right to make changes at any moment to its platform regarding the policies, terms and conditions applicable to the platform or to the sale of goods and products, which takes place on the platform, including therefore the present General Conditions of Contracting. In general, the user and customer will be subject to the terms and conditions, policies and conditions of contracting in force at the moment at which the contracting takes place and he/she is informed, to the extent that this is reasonable and technically possible, of any change projected in this sphere, a sufficient time in advance for his/her knowledge. If any of the present conditions were to be declared invalid, void or for any reason ineffective, this condition will be understood to be excluded without that declaration being able to affect the validity or the enforceability of the remaining conditions.
15. WHERE MAY I GET FURTHER INFORMATION ON THE CONDITIONS AND POLICIES?
If you require further information about our conditions of use, contracting or in relation with any other policy or legal warning applicable to the platform, or on the sale of goods and products by VIVITA ALOE, you may contact us, if you wish, via the address: email@example.com. We will be enchanted to let you have all the information that you might require.