General conditions of online sale
Last update: June 2022
1.-OBJECT AND SCOPE OF APPLICATION
The purpose of these General Conditions of Sale (hereinafter " General Conditions of Sale ") is to regulate the contractual relationship of sale between Aiguavista 2018 SL (hereinafter, Aiguavista ) owner of this website and the user (hereinafter, the “User ” ), relating to all transactions carried out in the Aiguavista online store through its website: www.aiguavista.com. The contractual relationship of sale entails the delivery, in exchange for a determined price and publicly displayed through our website, of a specific product or products within the list offered on it. Aiguavista 2018 SL has its registered office at Calle Ses Falugues number 44, Apt.2,
- Begur (Girona) CP 17255, with CIF B-55333843. It is registered in the Mercantile Registry of Girona on 12/05/1998, volume 3227, page 36 in the General Section of Companies, page GI-64682 registration. Any incident, complaint or claim related to a purchase made through the website must be communicated to the email address: firstname.lastname@example.org . The existing product offer on the Aiguavista website will have Spain, France and Portugal as geographical scope.
2-. ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS OF SALE
It is the responsibility of the User to know the General Conditions of Sale in force at the time the purchase process begins. The User , by accepting the conditions, declares to be of legal age and have sufficient legal capacity to be bound by these General Conditions of Sale . For all these reasons, it is of interest to carefully review the information of the products to know their general and/or specific conditions of sale. These General Conditions of Sale can be completed or modified by specific clauses or conditions indicated in certain products, especially with regard to the right of withdrawal, returns, changes or refunds. Aiguavista may modify these General Conditions of Sale at any time. These possible modifications will not affect in any case the purchases that have been made prior to the entry into force of said modifications, which will be governed in any case by the General Conditions of Sale in force at the time of carrying out said purchase. These General Conditions of Sale may be saved at any time by the User , who makes a purchase through the options of his Internet browser and must be read and accepted before finalizing the purchase.
Therefore, the acquisition of an Aiguavista product or products implies complete and express acceptance of the General Conditions of Sale at the time of acquisition of said product or products, without the application of any changes that may occur in these General Conditions . of Sale after the acquisition.
3.- ACCESS TO THE ELECTRONIC PURCHASE
In order to access the electronic purchase of Aiguavista products, it is not necessary to register as a User of the page (www.aiguavista.com). You can make the purchase without registration.
Therefore, the record as User is free and optional and must be done through the " Register " tab available on the website itself. At the end of the registration process, the User will receive an email at the email address that the User has indicated, confirming that the process has been carried out correctly, and from that moment on the User has an account as a client that can be accessed with your username and password (or by any other means that, in each case, Aiguavista enables to authenticate the User) .
In the account enabled for the User , relevant information can be found such as that related to previous orders, as well as their preferred products, invoices issued in their name, the shipping address provided, etc... The User may suspend or cancel the account as a customer at any time by sending an email to the address: email@example.com .
*Pre-purchase product orders: These orders are those that are manufactured in a personalized way. As easy as selecting the desired product, choosing the color, measurements, as well as the quantity and adding it to the shopping cart. When the User finishes the selection of products, they can enter their basket, review the items (quantities, colors, measurements) and validate the order. You can choose the payment method among the different options and make the pre-payment of your order. The User will shortly receive an email confirming the purchase of the pre-purchase product within a maximum period 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 is finished, Aiguavista will begin to manufacture the product(s) so that the User receives it at the address that has been designated and in the period established and mentioned in the product file.
*Orders for products in stock: Your purchase is just as easy. You will have to select the desired product, color, measurements and quantity and add it to the shopping cart. When the selection of products is finished, the User will be able to enter his basket, review the items (quantities, colors, measurements) and validate his order. You can choose the payment method among the different options and make the payment for your order. The User will receive an email confirming the purchase within a maximum period of 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, it 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 made a mistake when sending the data, they can be modified by sending an email to firstname.lastname@example.org .
If the modified data refers to the postal delivery address of the product requested by the User , provided that the product has not been shipped, it will be shipped to the new address indicated.
In the event that it refers to any other data, the User must wait for the delivery to become effective and then initiate the appropriate return procedures in accordance with the provisions of these General Conditions of Sale.
If by mistake, Aiguavista delivers the User a product other than the one requested, Aiguavista will take care of doing everything possible to deliver the User the correct product, collecting the wrongly delivered product at no additional charge to the User .
If a product has arrived to the User damaged or in poor condition or a product quality problem is observed for reasons attributable to Aiguavista , it will be responsible for picking it up at their home, replacing it with another product in good condition that 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 for the amounts that have been paid through the same purchase process that was carried out on the Web page.
Likewise, in the case of unavailability of the product after the order has been placed, the User will be informed by email of its cancellation, proceeding in that case as indicated above. Aiguavista does not guarantee the permanent availability of the products, being exonerated from any type of responsibility as long as it does not come from an intentional breach by Aiguavista .
For any claim or query, the User can contact Aiguavista through the following email address: email@example.com .
Cancellations or non-acceptance of orders
Aiguavista may cancel any confirmed order or not accept an order made for the following reasons: due to a technical error and/or typographical error in the prices or in the rest of the data of the products contained on the website; due to lack of availability; when the security systems indicate that the order may be fraudulent; when there are reasons that indicate that the User is a minor; when Aiguavista has not been able to deliver the order to the address provided by the User for reasons that are not attributable to it; when an error occurs 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
There will be 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 out of stock, we will refund the amount paid through the same purchase process that the User used on the Web page, provided they are in the same conditions in which they were received.
In the event that the User returns the pre-purchase products, we will refund the amount paid through the same purchase process that the User used on the Web page, only in the event that a quality problem is observed in the product or it is damaged or in poor condition for reasons attributable to Aiguavista or it delivers a product other than the one requested, in accordance with what is stated in these General Conditions of Sale . In other cases to these indicated, the User will be offered a discount code that may be applied when purchasing another pre-purchase or in-stock product.
We will proceed to carefully verify the returned product in order to examine whether it meets the same conditions in which it was received, communicating to the User by email or by phone Aiguavista the way in which it will proceed in accordance with the provisions of this section and in accordance with the provisions in these General Conditions of Sale .
6.- Product changes
There will be 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 the products in stock is not available, the User will be offered said products in other colors or sizes that are available, taking into account the limitation of stock as Aiguavista manufactures on demand.
If the User 's interest were to finally replace a product of a model purchased, the initially purchased product will be returned and the User must place a new order for the chosen model that is in stock.
For orders over stock, the amount of the difference in the purchase of the purchased product will be refunded, after cancellation of the order, if the User opts for that option.
For pre-purchase orders, there will be no option to refund the User (except in the specific cases mentioned in these General Conditions of Sale ), and only the change of a product can be made for another that is in stock , also offering a discount code for the difference in purchase amount that may exist between one order and another, if applicable or so.
Shipments in cases of return or changes
PREPARATION OF THE PACKAGE WITH THE DELIVERY NOTE
The User must pack the product safely in the original package and include the delivery note. It is important that you indicate in said document the reasons for the return or exchange (if it is for another size, for another color, for another model or for various reasons if so).
If the User cannot find the delivery note, they can access their client account in the "My purchases " section, select the order and print the return or exchange form . If you still do not have a user account, you can enter your email and the number of your order to go to the details of your purchase.
FREE EXCHANGE OR RETURN THROUGH A DHL SERVICE POINT
The User may deposit the shipment at one of the 3,300 DHL Parcel Service Points provided that the shipment does not exceed the following measurements (120 × 60 × 60 cm). The steps to follow are those:
1. The User may contact Aiguavista to communicate the return or change of the order by sending an email to firstname.lastname@example.org .
2. The User may click the button " start the return or exchange process with DHL " that he will find in the order history of his User client account.
If you are not registered as a User , you can create a User account with the same e-mail with which you placed your order in order to process the return. If you still do not have a User account, you can enter your email and the number of your order to go to the details of your purchase.
3. Once the return or exchange process has been completed, the User may print the label of the transport company that he will receive by e-mail and stick it to the outside of the package.
4. The User may take the package to the Service Point DHL point that is most convenient for him. The User will always have a DHL Service Point less than 10 minutes away where they can return their order without waiting and at the time that best suits them. You can check HERE DHL for the nearest delivery points.
5. The User will wait to receive the product if that was the chosen option and check that its status is correct.
We will send you an e-mail to confirm the refund that will be made within a maximum period of between 3 and 14 calendar days from when we receive the product that is the object of the order made if the User opts for that option, provided that it is one of the reimbursement cases indicated in these General Conditions of Sale.
Observation: 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 the rest of the areas, the User will bear the full costs of the return.
STEPS TO FOLLOW IF YOU CANNOT MAKE AN EXCHANGE OR RETURN THROUGH DHL:
If the product cannot be returned or exchanged through the DHL Parcel Service Point, the User may contact DHL and request the return or exchange through the DHL Web chat, referring to the company Aiguavista . In these cases, the Return expenses will be borne by the User and Aiguavista will not assume the aforementioned expenses under any circumstances.
Notwithstanding all of the foregoing, in the event that Aiguavista has delivered a product other than the one requested to the User , which is damaged or in poor condition for reasons attributable to Aiguavista or a product quality problem is appreciated, it may be replaced by another product. in good condition that is in stock without additional charges, the User being fully reimbursed for the amounts that would have been paid through the same purchase process that was carried out on the Web page if that were his option.
7.- RETURNS AND EXCHANGES POLICY
In making changes and returns it is important that the User is informed that:
-Returns and changes will always be accepted for other products that are in stock.
- In the case of returns, in pre-purchase orders, Aiguavista will offer the User a discount code that may be applied when purchasing another product in pre-purchase or in stock, except in the case in which Aiguavista has delivered it to the User a product different from the one requested, which is damaged or in poor condition for reasons attributable to Aiguavista or a product quality problem is appreciated. Only in these cases, we will refund the amount paid through the same purchase process that the User used on the Web page.
-The term for both requesting the return and the 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 they were received. If the product is open, it must have a quality problem, be damaged or in poor condition to be able to return it or be different from what was requested.
-As soon as Aiguavista receives the returned or exchanged products, we will verify the status of the same and make the exchange or return and, where appropriate, the refund of the returned or exchanged products in the case in which it proceeds or so.
-Products purchased in a set must be returned together. Returns or exchanges of the pieces are not allowed separately.
-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 email@example.com .
8.- RIGHT OF WITHDRAWAL AND CONSEQUENTIAL RETURN OF THE ORDER PLACED
The User has the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that the user or a third party on his behalf, other than the carrier, acquired material possession of the last of those goods. All this will be applicable except in the case in which a personalized product or pre-purchase product has been purchased, in which case the aforementioned right cannot be exercised .
To exercise the right of cancellation or withdrawal, the User may contact Aiguavista , by sending an email to firstname.lastname@example.org , by phone +34 639014564, or at the Aiguavista address at Calle Ses Falugues number 44, Apt. .2, Begur (Girona) CP 17255, reliably notifying your decision to withdraw from the purchase made, through an unequivocal statement, by post or email. In the following link you can find the withdrawal form: Withdrawal Form
To meet the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent before the corresponding period expires.
Consequences of withdrawal
In case of withdrawal by the User , we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from the choice by you of a delivery method other than the least expensive method of ordinary delivery that we offer) without any undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; In any case, you will not incur any expenses as a result of the refund. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first.
The User must return or deliver the goods directly 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 from the date you notify us of your decision to withdraw from the contract. The term will be considered fulfilled if you return the goods before said term has expired. The user must assume the direct cost of returning the goods.
The User will only be responsible for the decrease in value of the goods resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
In order to exercise this right, the product must be in perfect condition. The User will be responsible for the decrease in value of the product that results from handling other than that necessary to establish the nature, characteristics and operation of the products.
The return expenses derived 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 his own, the initial shipment of the order on its day formalized by a shipping method other than the one proposed by Aiguavista in these General Conditions of Sale , the User will not be reimbursed the amount of shipping costs.
In the event that the products purchased by the User do not arrive in perfect condition at Aiguavista after the User withdraws from the order, Aiguavista reserves the right to pay a lower amount for his order, being able to make the amounts that he owes his own. face the User for breach of the obligations established herein.
As soon as we verify the status of the returned product, we will send an email to the User to inform them of the refund of their order. The refund of the purchase amount will be made with the same means of payment used to pay for the order, the refund period ranging from 3 to 14 calendar days from when we receive the notice of withdrawal, or in the case of a return or exchange. from the time we receive the product that is the object of the order made if the User opts for 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 his choice, the refund of the purchase amount will be made from when Aiguavista has effective knowledge of the shipment of the product or, failing that, from the receipt of the same. .
10.- GIFT CARD
At Aiguavista we give the option for the client to buy a "gift card" with a certain amount so that they can give it to whoever they want.
This card will be valid for one year from the date it is delivered to the User and will have a code with a certain amount that will be deducted from future purchases made through the Web page.
The card will not be replaced or the outstanding balance will be returned in case of theft, loss or damage.
Aguavista will not be responsible for any purchases made with said card or for the use made of it by the User.
11.- PRICES, METHOD OF PAYMENT, DELIVERY AND SHIPPING COSTS
The prices applicable to each product are those indicated on the website on the date the order is placed, expressed in EUROS, all of them including Value Added Tax (VAT), along with other taxes and fees that may correspond. These prices, unless expressly indicated otherwise, do not include insurance or shipping costs or any other additional services attached to the products purchased.
The offers will be duly marked and identified as such, conveniently indicating the previous price and the price of the offer.
Aiguavista reserves the right to make the changes it deems appropriate on the website at any time and without prior notice, being able to update the products and services on a daily basis as well as the prices based on the market.
Aiguavista, through the bank details entered by the User on the Web page in their client account or provided, where appropriate, by email, will make the corresponding charge on the card or in the payment method that they have chosen at the time of validation. Of the order.
Products purchased will be billed at the price in effect at the time of purchase.
The corresponding shipping costs will be indicated in the order processing.
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 will be able to know the full final price of the same, breaking down, where appropriate, the amount of the increases or discounts applied, as well as the transport costs, taxes, tariffs or other additional services.
The User will acquire ownership of the products that are the object of the purchase once the entire agreed price has been paid, including shipping costs, if applicable.
11.2) Method of payment
After the validation of the order by the User , he must proceed to pay the amount indicated.
The form of payment will be by credit card. Payment by card means making the payment directly to the Bank through a secure payment gateway. The payment of the User 's order occurs in real time through the Virtual POS once it has been verified that the data provided is correct.
PURCHASE CONFIRMATION - If you buy with Scalapay, you will receive your order and pay in 3 installments. You confirm that the installments will be sold to and purchased by Retail Installments SPV 1 Limited, the related parties and their beneficiaries, and you hereby unconditionally and irrevocably authorize 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 with a credit or debit card and bizum. Types of cards accepted: Visa, Mastercard, American Express, Diners Club, JCB, Union Pay.
In order for Aiguavista to carry out the appropriate procedures, the User will notify Aiguavista as soon as possible of any undue or fraudulent charge, they may contact Aiguavista by sending an email to email@example.com , by Telephone +34 639014564 or at the Aiguavista address at Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255.
In the event that the User requires an invoice in his name, he must send an email to request it to firstname.lastname@example.org , indicating the order number and billing address.
Deliveries are made to the address indicated by the User when ordering products in stock within 2 and 4 business days after receipt of the Order Confirmation email (this period is valid for deliveries in the Iberian Peninsula and Portugal, for orders in the Canary Islands or the rest of Europe, the delivery time will be from 4 to 6 working days). For pre-purchase orders, they will be delivered within the dates indicated at the time of making it.
Orders will be dispatched 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 indicated address, Aiguavista will try again the next day. The delivery will be attempted a second time in case of being absent again and finally the shipment will be deposited at a DHL service point. No deliveries will be made on Saturdays, Sundays or holidays.
The 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. Those purchases whose amount exceeds €99 (VAT included) will have free shipping.
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 detail related 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 is any problem or unforeseen event in meeting the delivery date for reasons attributable to Aiguavista , the User will be informed and given the option to accept the order or cancel it with a full refund of the price paid.
Aiguavista is exempt from liability in cases of non-compliance with the delivery deadline for shipments to Islands or abroad for reasons beyond the control of the carrier (delays from airlines, maritime 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, as well as that the number of packages delivered correspond 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 its packaging not be opened, and that the User write on the delivery note "accepted with reservation", specifying the reasons of your disagreement.
Likewise, if the product has been damaged during transport, it is essential that the User write it down on the carrier's delivery note.
In the event that the User is not satisfied with the status of the products delivered, they must immediately contact Aiguavista at the telephone number: +34 639014564 (from 10 am to 5 pm) or by email at 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 requested, is damaged or in poor condition for reasons attributable to Aiguavista , it will bear the shipping costs of the delivery and return of the product without additional charges being reimbursed. fully to the User the amounts that would have been paid through the same purchase process that was carried out on the Web page if the User did not want to replace a product with another product in good condition that is in stock. Likewise, if the User wishes to return the merchandise by a shipping method other than that proposed by Aiguavista and the transport company selected by the User has rates higher than the basic rate provided by Aiguavista , the User will only assume the difference in the cost of transport. .
Likewise, the User is informed that under no circumstances will Aiguavista be obliged to reimburse shipping costs other than those incurred to the original delivery address.
Therefore, at all times, when the User receives the order, he must verify that the shipment is correct. It is therefore up to the User to check the order at the time of delivery and then make all reservations and claims that appear justified. When the product is changed or returned to Aiguavista, the latter will examine it and notify the User by email or by phone 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 email address: email@example.com . No claims will be accepted after 30 days of product delivery.
The assumption of risk by the User with respect to the products purchased will take place at the time of delivery of these, regardless of the time in which the User acquires ownership of the products.
Therefore, Aiguavista will not be responsible for any theft, theft, deterioration, damage or loss of the products that occurs after the delivery of possession of these to the User. All this apart from what has been stated about the possible existence of discrepancy or problem at the time of delivery of the products.
Each delivery is considered made from the time the product is made available to the User or to a third party authorized by the latter, materialized by the control system used by the carrier. Aiguavista will be released from compliance with its delivery obligations provided for in this clause and declines all responsibility in this regard, in the following cases:
a) In cases 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 LIABILITIES
In the event that the User has consumer status in accordance with the corresponding regulations, all our products are guaranteed at the national level, against manufacturing defects for 3 years, except for those products that indicate another term.
Aiguavista will therefore respond for the lack of conformity of the products that is manifested within a period of three years from the delivery of the product.
It is understood that the products are in accordance with the contract as long as they conform to the description made by Aiguavista and have the qualities and characteristics that we have presented on this website, are suitable for the uses to which products of the same type are ordinarily intended and present the usual quality and performance of a product of the same type that can reasonably be expected, taking into account the nature of the product.
In this sense, if any of the products does not conform, the User must notify us so that the same procedure is applied as for the delivery of a product other than the one requested, a product damaged or in poor condition due to causes that are attributable to Aiguavista or that a quality problem of the product is appreciated, 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 User the amounts that would have been paid through of the same purchase process that was carried out on the Web page if the User chose that option, all of this taking into account what is stated in these General Conditions of Sale . In any case, regardless of the foregoing, the User may demand a proportional reduction in the amount of the purchase or the cancellation of the order for said product and subsequent reimbursement.
Our commercial guarantee will not affect the rights recognized by current legislation.
The guarantee 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 the delivery of the merchandise. This guarantee only covers transport damage caused before the material is received.
b) Transport of the product without the original packaging.
c) Any type of damage or harm that may have been caused by animals or by improper use or cleaning of the product, as well as by contact with chemical products.
d) Deterioration of color due to exposure of the product to the action of sunlight or other sources of heat.
e) Damages and indirect losses of any kind.
g) For breach of these General Conditions of Sale or any inadequate or inappropriate action by the User or a third party, as well as for damages or losses to the product due to causes that are not attributable to Aiguavista and exonerate them from any liability. .
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 lead to the return of the products purchased by the User.
13.- RESPONSIBILITIES OF THE USER
The User undertakes to make lawful use of the products, without contravening current legislation, or injuring the rights and interests of third parties. The User guarantees the veracity and accuracy of the data provided when completing the order, avoiding causing damage to Aiguavista, as a result of their incorrectness.
14.- FORCE MAJEURE
If due to circumstances of force majeure, a product is not available after placing the order, the User will be informed by email of its cancellation. Aiguavista does not guarantee the permanent availability of the products, being exonerated from any type of responsibility as long as it does not come from an intentional breach by Aiguavista .
The partial cancellation of the order does not give the right to cancel the entire order, without prejudice to the right of withdrawal that corresponds to the User, in accordance with the provisions of the section referring to the right of withdrawal.
Aiguavista will not be liable for the total or partial breach of the obligations derived from these General Conditions of Sale or for the delay in carrying them out if said breach is due to a force majeure circumstance, including any type of strike, flood, fire, pandemic, etc. It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.
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 can contact the Aiguavista customer service at the telephone number or email indicated below and within the business hours established for this purpose.
- Telephone: +34 639014564
- Address: Calle Ses Falugues number 44, Apt.2, Begur (Girona) CP 17255,
- Hours of operation: Monday to Friday from 10 am to 5 pm.
- Email address: firstname.lastname@example.org .
By virtue of art. 14 of Regulation EU/524/2013, any online operator established in the EU that contracts electronically with consumers residing in the EU, has the obligation to include on its website a link to the new page that the European Commission has developed on the platform. of out-of-court dispute resolution (ADR), 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 on the Protection of Personal Data and guarantee of digital rights as well as EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these 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 comply with the contractual business relationship between the User and our company. The collection of the data provided by the User is carried out for specific, explicit and legitimate purposes and, in no case, will they be used for purposes other than those for which they were collected.
Personal data may be communicated to third parties provided that said communication responds to a need for development, compliance and control of the commercial 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 treatment 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 email : email@example.com . attaching a copy of the DNI with the reference "Data Protection".
Likewise, any claim may be sent to the Spanish Agency for Data Protection. For more information you can consult www.agpd.es.
18.- INTELLECTUAL PROPERTY
All brands, trade names or distinctive signs of any kind that appear on www. aiguavista.com are the property of Aiguavista or, where appropriate, of their respective owners, without it being understood that the use or access to the Portal and/or the Contents attributes to the User any right over the aforementioned trademarks, trade names and/or signs distinctive and none of the exploitation rights that exist or may exist on said Contents can be understood as transferred to the User .
In the same way, the Contents are the intellectual property of Aiguavista , or of third parties as the case may be, therefore, the Intellectual Property rights are owned by Aiguavista or third parties that have authorized their use, to whom corresponds the exclusive exercise of the rights of exploitation of the same in any way and, especially, 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 owned by it, 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 to use the User regarding Intellectual Property rights other than the one expressly detailed in this clause.
The unauthorized use of the information contained in this website, as well as the infringement of the Intellectual or Industrial Property rights of Aiguavista or of third parties included in www. aiguavista.com that have assigned content will give rise to the legally established responsibilities.
19.- NULLITY OR CANCELLABILITY CLAUSES GENERAL CONDITIONS OF SALE
If any of the clauses of these General Conditions of Sale were null, voidable, illegal or unlawful, in such case, and in the broadest interpretive sense permitted by law:
a) Said declaration will not invalidate the rest of the General Conditions of Sale , which will maintain their validity and effectiveness; and
b) The null or voidable clause or clauses must be replaced or adjusted preferably to be annulled.
20.- FULFILLMENT OF THE OBLIGATIONS ASSUMED
The User must comply with each of the obligations assumed by him by virtue of a contract that could link him with Aiguavista or these General Conditions of Sale. The lack of requirement by Aiguavista for strict compliance by the User with any of the obligations assumed by virtue of a contract that could link them with Aiguavista or of these General Conditions of Sale or the lack of exercise on our part of the rights or actions that could correspond to us by virtue of the aforementioned contract or the General Conditions of Sale , will not imply a waiver or limitation in relation to said rights or actions nor will it exonerate the User from complying with such obligations. No waiver by Aiguavista of a specific right or action will imply a waiver of other rights or actions derived from a contract or from the General Conditions of Sale . No waiver on our part of any of these General Conditions of Sale or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
21.- APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale will be governed or interpreted, in everything not expressly provided herein, in accordance with Spanish legislation, and in particular by Law 34/2002 on Services of the Information Society and Electronic Commerce as well as by Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
For any questions that arise regarding the interpretation, application and fulfillment of these General Conditions of Sale as well as the claims that may arise, all parties involved submit, if it is not resolved by mutual agreement, to the jurisdiction of the Courts of Girona. capital (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 will affect the rights recognized as such by current legislation.