General terms and conditions of online sales

Last update: June 2022

1.-OBJECT AND SCOPE OF APPLICATION

These General Terms and Conditions of Sale (hereinafter referred to as “General Conditions of Sale“) have as their object the regulation of the contractual relationship of purchase and sale between Aiguavista 2018 S.L. (hereinafter, Aiguavista) owner of this website and the user (hereinafter, the “Usuario“), relating to all transactions carried out in the online store of Aiguavista through its Web site: www.aiguavista.com. The contractual relationship of purchase and sale entails the delivery, in exchange for a determined price and publicly exposed through our website, of a specific product or products within the list offered in the same. Aiguavista 2018 S.L. has its registered office at Calle Ses Falugues number 44, Apt.2, -Begur(Girona) CP 17255, and its VAT number is B-55333843. It is registered in the Mercantile Registry of Girona on 05/12/1998, volume 3227, folio 36 in the General Companies Section, page GI-64682 inscription. Any incident, complaint or claim related to a purchase made through the website must be communicated to the following e-mail address: eshop@aiguavista-concept.com. The existing product offer on the Aiguavista website will have as its geographical scope Spain, France and Portugal.

2-. ACCEPTANCEÓN AND MODIFICATION OF THE GENERAL CONDITIONS OF SALE

It is the responsibility of the U the customer to be familiar with the General Conditions of Sale in force at the time of the beginning of the purchase process. The User, by accepting the terms and conditions, declares to be of legal age and to have sufficient legal capacity to be bound by these terms and conditionsGeneral Terms and Sales conditions. Therefore, it is of interest to carefully review the information on the products to know their general and/or specific conditions of sale. These General Conditions of Sale may be supplemented or modified by specific clauses or conditions indicated on certain products, particularly with regard to the right of withdrawal, returns, exchanges or refunds. Aiguavista may modify these General Conditions of Sale at any time. These possible modifications shall in no case affect sales made prior to the entry into force of such modifications, which shall be governed in any case by the General Conditions of Sale in force at the time of such sale. These General Terms and Sales conditions may be saved at any time by the User, who makes a purchase using the options of his Internet browser and must be read and accepted before finalising the purchase.

Therefore, the acquisition of a product or products from Aiguavista implies the complete and express acceptance of the General Conditions of Sale of the time of purchase of such product or products, without the application of any new developments that may occur in the present General Conditions of Sale after the acquisition.

3.- ACCESS TO ELECTRONIC PURCHASING

In order to access the electronic purchase of Aiguavista products it is not necessary to register as a user of the site (www.aiguavista.com). The purchase can be made without registration.

Therefore, registration as a User is free and optional and must be done through the “Register” tab available on the Web page itself. Upon completion of the discharge process, the User you will receive an e-mail at the e-mail address you have indicated, confirming that the process has been completed correctly, and from that moment on you will have at your disposal the User account as a customer, which you can access with your login name. User and its password (or by any other means that, in each case, Aiguavista enable to authenticate the User).

In the account provided to the User, you will find relevant information such as previous orders, your preferred products, invoices issued in your name, the shipping address provided, etc. ….. The User may suspend or cancel the customer account at any time by sending an e-mail to the following address: eshop@aiguavista-concept.com.

ORDERS

*Product orders on pre-order: These orders are those that are custom-made. It is as easy as selecting the desired product, choosing the color, size and quantity and adding it to the shopping cart. When the User completes the product selection, he/she will be able to enter his/her shopping cart, review the items (quantities, colors, sizes) and validate the order. You will be able to choose the payment method among the different options and pre-pay your order. The User will shortly receive an e-mail confirming the purchase of the pre-purchased product within a maximum of 24 hours, with the order number, the date of the order and a summary of the products included in the purchase. Once the pre-purchase process has been completed, Aiguavista will begin to manufacture the product(s) so that the user will receive it/them at the address User The product(s) will be delivered to the address you have designated and within the period established and mentioned in the product’s data sheet.

*Ordering products in stock: Your purchase is just as easy. Select the desired product, color, size and quantity and add it to the shopping cart. When the product selection is complete, the User will be able to enter his basket, review the items, (quantities, colors, sizes) and validate his order. You will be able to choose the payment method among the different options and pay for your order. The User will receive an e-mail confirming the purchase within 24 hours with the order number, the date of the order and a summary of the products included in the purchase.

In the event that the User requires an invoice in his name, this must be indicated at the time of placing the order. This invoice will be sent in PDF format to the email address provided in the purchase process. In the event that the User makes a mistake when sending the data, he/she can modify them by sending an e-mail to eshop@aiguavista-concept.com.

If the modified data refers to the postal address of delivery of the product requested by the User, as long as the product has not been shipped, the shipment will be made to the new address indicated.
In case it refers to any other data, the User must wait for the delivery to become effective and subsequently initiate the appropriate return procedures in accordance with the provisions of these General Terms and Conditions of Sale.

If, by mistake, Aiguavista delivers to the User a product other than the one requested, Aiguavista will make every effort to deliver to the User the correct product, collecting the wrongly delivered product at no additional charge to the User.
If a product has reached the Userdamaged or in poor condition or if there is a problem with the quality of the product due to causes attributable to Aiguavista, Aiguavista will collect it from the User’s home, replacing it with another product in good condition that it is in stock without additional charges. If the User does not want to replace a product with another in good condition from stock, Aiguavista will fully reimburse the User the amounts that had been paid through the same purchase process that was made on the website.

Likewise, in the event of unavailability of the product after the order has been placed, the User will be informed by e-mail of the cancellation of the order, proceeding in that case as indicated above. Aiguavista does not guarantee the permanent availability of the products, being exonerated for any type of responsibility as long as it does not come from a fraudulent breach on the part of Aiguavista.

For any complaint or query, the User may contact Aiguavista at the following e-mail address: eshop@aiguavista-concept.com.

Cancellations or non-acceptance of orders

Aiguavista may cancel any confirmed order or refuse to accept an order placed for the following reasons: technical error and/or typographical error in the prices or other product data contained in the Web site; unavailability; when security systems indicate that the order may be fraudulent; when there are reasons that indicate that the order may be fraudulent; when there are reasons that indicate that the order may be cancelled or not accepted; or when there are reasons that indicate that the order may be fraudulent or not accepted. User is a minor; when Aiguavista the order could not be delivered to the address provided by the customer. User for causes that are not attributable to it; when there is an error in the payment of the products purchased and, in the event of any event of force majeure, and therefore not attributable to Aiguavista.

5.- Order returns

You will have 30 calendar days after receipt of the order by the User to request the return of a product.

In the event that the User returns the products purchased over stock, we will refund the amount paid a through the same purchase process used by the User on the website, provided that they are in the same condition in which they were received.

In the event that the User returns the products in pre-purchase, we will reimburse the amount paid through the same purchase process used by the User. on the Web site, only in the event of a quality problem with the product or if the product is damaged or in poor condition for reasons attributable to Aiguavista or it delivers a product different from the one requested, in accordance with the provisions of these General Conditions of Sale. In other cases, the User will be offered a discount code that can be applied when purchasing another product in pre-purchase or in stock.

We will proceed to carefully check the returned product in order to examine whether it is in the same condition in which it was received and will inform you that Aiguavista by e-mail or by phone at User the manner in which it will proceed as set forth in this section and in accordance with the provisions hereof General Conditions of Sale.

6.- Product changes

You will have 30 calendar days after receipt of the order by the User to request an exchange of a product purchased either in stock or in pre-purchase for another that is in stock. Exchanged products must be in the same condition as when they were received.

If the color or size of products in stock is not available, the User will be offered such products in other colors or sizes that are available, taking into account the limitation of stock as Aiguavista manufactures on demand orders.

If the User is interested in replacing a product of a purchased model, the initially purchased product will be returned and the User will have to place a new order for the chosen model that is in stock.

For orders over stock, the amount of the difference of the purchase of the purchased product will be refunded, after cancellation of the order, if the User chooses this option.

For pre-purchase orders, there will be no refund option at the time of order. User (except in the specific cases mentioned in the present document). General Conditions of Sale), and only one product can be exchanged for another in stock., Also offering a discount code for the difference in purchase amount that may exist between one order and another, if applicable.

Shipping in case of returns or exchanges

PREPARATION OF THE PACKAGE WITH THE DELIVERY NOTE

The User must package the product securely in the original package and include the delivery note. It is important that you indicate in this document the reasons for the return or exchange (if it is for another size, another color, another model or for various reasons if so).

If the User cannot find the delivery note, he/she can access his/her customer account in the “My Purchases” section, select the order and print the Return or Exchange Form. If you do not yet have a customer account , you can enter your email and order number to go to the details of your purchase.

FREE RETURN OR EXCHANGE THROUGH A DHL SERVICE POINT

The Usermay deposit the shipment at one of the 3.300Service Point DHL Parce’sl provided that the shipment does not exceed the following dimensions (120 × 60 × 60 cm). The steps to follow are as follows:

1. The User may contact Aiguavista to communicate the return or exchange of the order by sending an e-mail to eshop@aiguavista-concept.com.

2. The User may click on the “initiate return or exchange process with DHL” button found in the order history of the User‘s customer account.

If you are not registered as a User, you can create a User account with the same e-mail address you used to place your order in order to process the return. If you do not have an account yet , you can enter your email and your order number to go to the details of your purchase.

3. Once the return or exchange process has been completed, the User may print the carrier’s label that he/she will receive by e-mail and attach it to the outside of the package.

4. The User may take the package to the DHL Service Point of his choice. The User will always have a DHL Service Point less than 10 minutes away where he/she can return his/her order without waiting and at the time that suits him/her best. You can check HERE DHL for the nearest delivery points.

5. The User will wait to receive the product if that is the option chosen and check that its condition is correct.

We will send you an e-mail to confirm the reimbursement, which will be made within a maximum period between 3 and 14 calendar days from the receipt of the product ordered if the User chooses this option, provided that it is one of the cases of reimbursement indicated in these General Conditions of Sale.

Note: Under the DHL Service Point modality, Aiguavista will take care of the return postage exclusively in the Schengen area, except for Denmark, Sweden, Norway, Finland, remote areas or the Canary Islands. In all other areas, the User shall bear the full cost of the return.

STEPS TO FOLLOW IF YOU CANNOT MAKE AN EXCHANGE OR RETURN THROUGH DHL:

If you are unable to return or exchange the product through the DHL Parcel Service Point, the User you can contact DHL and request the return or exchange through the DHL web chat by referencing the company AiguavistaIn these cases, the cost of return shall be borne by the customer. User y Aiguavista shall not assume the aforementioned expenses under any circumstances.

Notwithstanding all of the above, in the event that Aiguavista had delivered to the User a product different from the one ordered, which is damaged or in poor condition due to causes attributable to Aiguavista or a product quality problem is detected, it may be replaced by another product in good condition that is in stock without additional charges, being fully reimbursed to the customer. User the amounts that would have been paid through the same purchase process that was carried out on the Web page if that was your option.

7.- RETURN AND EXCHANGE POLICY

When making exchanges and returns it is important that the User is informed that:

-Returns and exchanges for other products in stock will always be accepted.

–In the case of returns, for pre-purchase orders Aiguavista will offer the User a discount code that can be applied when you purchase another product in pre-purchase or in stock, except in the case that by Aiguavista would have been delivered to the User a product different from the one ordered, which is damaged or in poor condition for causes attributable to Aiguavista or a product quality problem is apparent. Only in these cases, we will reimburse the amount paid through the same purchase process used by the User on the website.

-The deadline for requesting the return or exchange of the product will be 30 calendar days after receipt of the order by the User.

-Returned or exchanged products must be in the same condition as when received. If the product is opened, it must have a quality problem, be damaged or in poor condition to be returned or be different from the one ordered.

-As soon as Aiguavista receives the returned or exchanged products, we will verify their condition and we will exchange or refund the returned or exchanged products in the case that it is appropriate.

-Products purchased in sets must be returned together. No returns or exchanges of individual parts are allowed.

-Products that vary in price according to size (sheets, duvet covers, etc.) cannot be exchanged for a different size, only returned.

For any questions, the User may contact Aiguavista at eshop@aiguavista-concept.com.

8.- RIGHT OF WITHDRAWAL AND CONSEQUENT RETURN OF THE ORDER PLACED

The User has the right to withdraw from this contract within 14 calendar days without giving any reason. The withdrawal period shall expire 14 calendar days after the day on which the user or a third party on his behalf, other than the carrier, acquired the material possession of the last of these goods. This shall apply except in the case where a customised product or pre-order product has been purchased, in which case the aforementioned right may not be exercised..

In order to exercise the right of cancellation or withdrawal, the User you may contact Aiguavista, by sending an email to eshop@aiguavista-concept.com, by phone +34 639014564, or at the address of Aiguavista at Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255, notifying your decision to withdraw from the purchase made, by means of an unequivocal statement, by post or e-mail. In the following link you can find the withdrawal form: Withdrawal Form

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.

Consequences of withdrawal

In the event of cancellation by the User, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by us) without undue delay and in any event not later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.

It must the User to return or deliver the goods directly to us to Aiguavista at Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255 without undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the deadline has expired. The user shall bear the direct cost of returning the goods.

Only the User shall be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

In order to exercise this right, the product must be in perfect condition. The User shall be liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.

The return costs arising from the exercise of the right of withdrawal will be borne by Aiguavista only in those shipments initially destined for the territories of Spain, Portugal and France.

Likewise, in the event that the User had contracted on its own, the initial shipment of the order at the time formalized by a shipping method other than that proposed by Aiguavista in these General Conditions of Salewill not be reimbursed to the User the amount of the shipping costs.

In the event that the products purchased by the customer at the time of the If the User’s order does not arrive in perfect condition to Aiguavista after the User has cancelled the order, Aiguavista reserves the right to pay a lower amount for the order, and may take back any amounts payable by the User for non-compliance with the obligations set forth herein.

9.- REFUNDS

As soon as we verify the status of the returned product, we will send an email to the User to inform him/her of the refund of his/her order. The refund of the purchase amount will be made with the same means of payment used for the payment of the order, with the refund period ranging between 3 and 14 calendar days from the time we receive the communication of withdrawal, or in the case of return or exchange from the time we receive the product object of the order placed if the User The reimbursement of the amount of the loan will be made in the event that the borrower chooses that option, provided that it is one of the reimbursement cases indicated in these General Conditions of Sale. In the event that the User returns the product through a transport company of their choice, the refund of the purchase amount will be made as soon as Aiguavista has actual knowledge of the shipment of the product or, failing that, upon receipt of the same.

10.- GIFT CARD

In Aiguavista we give the option for the client to buy a “gift card” with a determined amount so that he/she can give it as a gift to whomever he/she wants.

This card will be valid for one year from the date it is given to the User and will have a code with a determined amount that will be discounted from future purchases made through the Web page.

The card will not be replaced nor will the outstanding balance be refunded in case of theft, loss or damage.

Aguavista will not be responsible for the possible purchases made with this card or the use made of it by the User.

11.- PRICES, PAYMENT, DELIVERY AND SHIPPING COSTS

11.1) Pricing
The prices applicable to each product are those indicated on the website on the date the order is placed, expressed in EUROS, all of which include Value Added Tax (VAT), together with any other taxes and fees that may apply. These prices, unless expressly stated otherwise, do not include insurance or shipping costs or any other additional and ancillary services to the products purchased.
The bids shall be duly marked and identified as such, conveniently indicating the previous price and the bid price.

Aiguavista reserves the right to make changes to the website, at any time and without prior notice, as it deems appropriate, and may update products and services as well as prices on a daily basis according to the market.

Aiguavista through the bank details entered by the customer. User on the Web site in your customer account or provided by e-mail, if applicable, will charge the corresponding amount to the card or payment method chosen at the time of order validation.

Products purchased will be invoiced at the price in effect at the time of purchase.
The corresponding shipping costs will be indicated when processing the order.

The shipping costs will appear detailed at the end of the purchase process indicating in each case, the assumption or not of the same by the User.

Prior to the acceptance of the order, the User may know the full final price of the same, breaking down, where appropriate, the amount of increases or discounts applied, as well as transportation costs, taxes, duties or other additional services.

The User shall acquire ownership of the products purchased once the agreed price has been paid in full, including shipping costs, if applicable.

11.2) Form of payment
Upon validation of the order by the User, he/she must proceed to pay the amount indicated.
The method of payment will be by credit card. Payment by credit card involves making the payment directly to the Bank through a secure payment gateway. The payment of the User ‘s order takes place in real time through the Virtual POS once it has been verified that the data provided are correct.

PURCHASE CONFIRMATION – If you buy with Scalapay, you will receive your order and pay in 3 instalments. You confirm that the instalments will be sold to and purchased by Retail Instalments SPV 1 Limited, the related parties and their beneficiaries and you hereby unconditionally and irrevocably authorise and consent to this sale and purchase.

All payments on the website are made through the Paycomet electronic payment system. The User may also pay by credit or debit card and bizum. Card types accepted: Visa, Mastercard, American Express, Diners Club, JCB, Union Pay.
In order to Aiguavista can carry out the necessary steps, the The User shall notify Aiguavista as soon as possible of any undue or fraudulent charges and may contact Aiguavista by sending an e-mail to eshop@aiguavista-concept.com, by telephone +34 639014564 or to Aiguavista ‘s address at Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255.

11.3) Invoice.

In case the User requires an invoice in his/her name, he/she should send an e-mail requesting it to eshop@aiguavista-concept.com, indicating the order number and billing address.


11.4) Delivery
Deliveries are made to the address provided by the User. indicate when ordering products in stock within 2 and 4 working days after receiving the Order Confirmation email (this period is valid for deliveries in Peninsula and Portugal, for orders in the Canary Islands or the rest of Europe, the delivery period will be 4 to 6 working days). Pre-purchase orders will be delivered within the dates indicated at the time of order.

Orders will be shipped within the following territories: Spain, France and Portugal.

Home delivery will be made from Monday to Friday. If on the day of delivery the User is not at the address indicated, Aiguavista will try again the following day. Delivery will be attempted a second time in case you are absent again and finally the shipment will be deposited at a DHL service point. No deliveries will be made on Saturdays, Sundays or holidays.

Shipping costs to the address provided by the User within the national territory (Peninsula and Balearic Islands) and Portugal have a cost of 4,00€. All purchases over 99€ (VAT included) will be free of shipping costs.

For orders in the Canary Islands or the rest of Europe, the shipping cost is 10,00€. It will be free for orders over 199€ (VAT included).

The User may specify any details relating to the shipment. The User will be duly informed during the purchase process of the additional charges for transportation and delivery of the products.

If there are any problems or unforeseen circumstances in meeting the delivery date for reasons attributable to Aiguavista, the User will be informed and will be given the option of accepting the order or cancelling it with a full refund of the price paid

Aiguavista is exempt from liability in the event of failure to meet delivery deadlines in shipments to the islands or abroad for reasons beyond the carrier’s control (delays by airlines, shipping companies, carriers, loading and/or unloading, etc.).

Before opening the package containing the product, the User must verify the conformity and condition of the packaging and that the number of packages delivered corresponds to what is indicated on the delivery note. In the event that the User detects any anomaly before opening the product, Aiguavista expressly recommends that the seal or packaging is not opened, and that the User writes on the delivery note “accepted with reservation”, specifying the reasons for his disagreement.

Likewise, if the product has been damaged during transport, it is imperative that the User notes this on the carrier’s delivery note.

In the event that the User is not satisfied with the condition of the products delivered, he/she should immediately contact Aiguavista by phone: +34 639014564 (from 10 a.m. to 5 p.m.) or by e-mail to eshop@aiguavista-concept.com and always within 24 hours of receipt of the order.

In the event that the product has a poor quality, is different from the one ordered, is damaged or in poor condition due to causes attributable to the company. AiguavistaThe latter will bear the shipping costs of delivery and return of the product at no additional charge and will be reimbursed in full to the customer. User the amounts that would have been paid through the same purchase process that was carried out on the Web site if the User I would not want to replace a product for another product in good condition that is in stock. Likewise, if the User wishes to return the goods by a method of shipment other than that proposed by Aiguavista and the transport company selected by the User has higher rates than the basic rate provided by Aiguavista, the User will only assume the difference in the cost of transport.

The User is also informed that under no circumstances will Aiguavista be obliged to reimburse shipping costs other than those incurred up to the original delivery address.

Therefore, at all times, the User, when receiving the order, must check that the shipment is correct. It is therefore up to the User to check the order at the time of delivery and then make any reservations and claims that may appear justified. When the product is exchanged or returned to Aiguavista, Aiguavista will examine it and will communicate by e-mail or telephone to the User if it considers that the return, exchange or refund is appropriate in accordance with the provisions of these General Conditions of Sale.

If there is any discrepancy or problem at the time of delivery, the User may contact Aiguavista at the following e-mail address: eshop@aiguavista-concept.com. No claims will be accepted more than 30 days after delivery of the product.

The assumption of risk by the User with respect to the products purchased shall take place at the time of delivery of the products, regardless of the time at which the User acquires ownership of the products.

Therefore, Aiguavista shall not be liable for any theft, robbery, deterioration, damage or loss of the products occurring after the delivery of possession of the products to the User. All of the above notwithstanding the possible existence of discrepancies or problems at the time of delivery of the products.

Each delivery is deemed to have been made as soon as the product is made available to the User or to a third party authorized by the User, as evidenced by the control system used by the carrier. Aiguavista shall be released from its delivery obligations under this clause and disclaims all liability in the following cases:

a) In the event of non-payment by the User, in accordance with the provisions of current legislation.

b) Omission or inaccuracy of the information that the User must provide to Aiguavista in the purchase order at the time of placing the order.

12.- AIGUAVISTA WARRANTIES AND RESPONSIBILITIES

In the event that the User is a consumer in accordance with the corresponding regulations, all our products are guaranteed nationally against manufacturing defects for 3 years, except for those products where another term is indicated.

Aiguavista will therefore be liable for any non-conformity of the products that becomes apparent within three years of delivery of the product.

It is understood that the products are in conformity with the contract as long as they conform to the description provided by Aiguavista. and possess the qualities and characteristics that we have presented on this Web site, are suitable for the uses to which products of the same type are ordinarily put and present the quality and performance usual for a product of the same type that are reasonably to be expected in view of the nature of the product.

In this regard, should any of the products not be in conformity, the User The customer must inform us so that the same procedure is applied as for the delivery of a product other than the one ordered, a damaged product or a product in poor condition due to causes attributable to Aiguavista or that there is a quality problem with the product, in which case it will be replaced by another product in good condition that is in stock without additional charges, being fully reimbursed to the customer. User the amounts that would have been paid through the same purchase process that was carried out on the Web site if the User if that were the option he/she chooses, all in accordance with what is set forth in the present document. General Conditions of Sale. In any case, regardless of the above, the User may demand the proportional reduction of the amount of the purchase or the cancellation of the order of such product and consequent reimbursement.

Our commercial guarantee will not affect the rights recognized by the legislation in force.

The warranty is expressly excluded in the following cases:

a) Transport, accidents, improper use and other damages not due to the normal use of the product by the User after delivery of the goods. This warranty only covers transport damages caused before the reception of the material.

b) Transportation of the product without the original packaging.

c) Any kind of damage caused by animals or by improper use or cleaning of the product as well as by contact with chemical products.

d) Deterioration of color by exposure of the product to the action of sunlight or other heat sources.

e) Indirect damages and losses of any kind.

g) For non-compliance with these General Conditions of Sale or any inadequate or inappropriate action by the User or a third party, as well as for damages to the product due to causes that are not attributable to Aiguavista and exonerate it from any responsibility.

Aiguavista guarantees the quality of the products offered through the website, also respecting all the rights that current legislation protects consumers and users. Failure to comply with any of these General Conditions of Sale may result in the return of the products purchased by the User.

13.- USER RESPONSIBILITIES

The User undertakes to make lawful use of the products, without contravening current legislation or infringing the rights and interests of third parties. The User guarantees the truthfulness and accuracy of the data provided when completing the order, avoiding causing damages to Aiguavista, product of the incorrectness of the same.

14.- FORCE MAJEURE

If, due to force majeure circumstances, a product is not available after the order has been placed, the User will be informed by e-mail of the cancellation of the order. Aiguavista does not guarantee the permanent availability of the products, being exonerated for any type of responsibility as long as it does not come from a fraudulent breach on the part of Aiguavista.

Partial cancellation of the order does not entitle the User to cancellation of the entire order, without prejudice to the right of withdrawal that corresponds to the User, in accordance with the provisions of the section on the right of withdrawal.

Aiguavista shall not be liable for the total or partial non-fulfillment of the obligations derived from the present General Conditions of Sale or for the delay in the performance of the same if such non-fulfillment is due to a circumstance of force majeure, including any type of strike, flood, fire, pandemic, etc. It shall be understood that the obligations shall be suspended during the period in which the Force Majeure Event continues, and we shall have an extension of time to fulfill such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that will allow us to fulfill our obligations despite the Force Majeure Event.

15.- LANGUAGE

The language in which the contract between Aiguavista and the User will be perfected will be Spanish.

16.- DISPUTE RESOLUTION

For any query or incident, the User may contact Aiguavista ‘s customer service department at the telephone number or e-mail address indicated below and within the business hours established for this purpose.

– Phone: +34 639014564

– Address: Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255,

– Office hours: Monday to Friday from 10:00 am to 5:00 pm.

– E-mail address: eshop@aiguavista-concept.com.

Under Art. 14 of Regulation EU/524/2013, any online operator established in the EU that contracts electronically with consumers residing in the EU is obliged to include on its website a link to the new page developed by the European Commission on the out-of-court dispute resolution (ADR) platform, referring to online contracting with consumers.

EU Online Dispute Resolution Platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show

17.- PROTECTION OF PERSONAL DATA

In compliance with the provisions of Organic Law 3/2018 of December 5, 2018 on the Protection of Personal Data and guarantee of digital rights as well as the EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and in the current regulations applicable at all times, we inform you that your personal data collected through this document will be processed by. Aiguavista. in order to fulfill the contractual business relationship between the User and our company. The collection of data provided by the User is carried out for specific, explicit and legitimate purposes and, in no case, will be used for purposes other than those for which they were collected.

Personal data may be communicated to third parties provided that such communication responds to a need for development, compliance and control of the business relationship, and/or is limited to the aforementioned purposes, in accordance with current regulations applicable to the matter.

We inform you that you can exercise your rights of access, rectification, cancellation, opposition, limitation of processing and portability at any time at the registered office of the merchant Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255 or by e-mail: eshop@aiguavista-concept.com. attaching a copy of the DNI with the reference “Data Protection”.

Likewise, any claim may be submitted to the Spanish Data Protection Agency. More information can be found at www.agpd.es.

For more detailed information on the processing of personal data, please refer to the Privacy Policy of the Aiguavista website.

18.- INTELLECTUAL PROPERTY

All trademarks, trade names or distinctive signs of any kind appearing on this website are the property of their respective owners. www.aiguavista.com are the property of Aiguavista or, as the case may be, of their respective owners, without the use or access to the Portal and/or the Contents being construed as attributing to the User any right over the aforementioned trademarks, trade names and/or distinctive signs, and without these being understood as assigned to the UserThe Company does not own any of the exploitation rights that exist or may exist on such Contents.

Likewise, the Contents are the intellectual property of Aiguavistaor third parties where appropriate, therefore, the Intellectual Property rights are owned by Aiguavista or third parties who have authorized their use, who have the exclusive rights to exploit them in any form and, in particular, the rights of reproduction, distribution, public communication and transformation.

The User acknowledges that, by virtue of these General Conditions of Sale, Aiguavista does not assign or transfer to the User any Intellectual Property rights of its property, or over any rights of third parties. Aiguavista only authorizes the User to access and use them in accordance with the terms indicated in these General Conditions of Sale. Therefore, Aiguavista does not grant any other license or authorization of use to the User on the Intellectual Property rights other than that expressly detailed in this clause.

The unauthorized use of the information contained in this Web, as well as the damage of the Intellectual or Industrial Property rights of Aiguavista or of third parties included in www.aiguavista.com that have transferred contents will give rise to the legally established responsibilities.

19.- NULLITY OR INVALIDITY OF GENERAL CONDITIONS OF SALE CLAUSES

If any of the clauses of these General Conditions of Sale are null, voidable, illegal or unlawful, in such case, and in the broadest interpretative sense permitted by law:

a) Such declaration shall not invalidate the rest of the General Terms and Conditions of Sale, which shall remain in force and effect; and

b) The invalid or voidable clause or clauses shall preferably be replaced or adjusted to be annulled.

20.- FULFILLMENT OF THE OBLIGATIONS ASSUMED

The User shall comply with each of the obligations assumed by him under a contract that may bind him with Aiguavista or of the present General Conditions of Sale. The lack of a requirement from Aiguavista of the strict compliance by the User of any of the obligations assumed under a contract that might bind it to the company. Aiguavista o of the present General Conditions of Sale or failure on our part to exercise any rights or remedies to which we may be entitled under the aforementioned contract or under any of the provisions of the General Conditions of SaleThe foregoing shall not constitute a waiver or limitation of any such rights or remedies, nor shall it exonerate the User to comply with such obligations. No waiver by Aiguavista of a specific right or action shall constitute a waiver of other rights or actions arising from a contract or from the General Terms and Conditions of Sale. No waiver by us of any of these General Terms and Conditions of Sale or of any rights or remedies arising from a contract shall be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.

21.- APPLICABLE LAW AND JURISDICTION

You are at General Conditions of Sale shall be governed or construed, in all matters not expressly provided herein, in accordance with Spanish law, and in particular by Law 34/2002 of Services of the Information Society and Electronic Commerce as well as by Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

For any questions that may arise regarding the interpretation, application and enforcement of these General Conditions of Sale as well as any claims that may arise, all parties involved submit, if not resolved by mutual agreement, to the jurisdiction of the Courts of Girona city (Spain), expressly waiving any other jurisdiction that may correspond to them. However, in the event that the User contracts as a consumer, nothing in this clause shall affect the rights recognized as such by current legislation.