GENERAL CONTRACTUAL TERMS AND CONDITIONS

These general contractual terms and conditions shall be applied to all contracts for sales of products and services made on the website http://www.bella-aurora.com/ owned by BELLA AURORA GROUP and consisting of BELLA AURORA LABS, S.A., herein, the SELLER.

By accepting this document, you (“you” or “the USER”, interchangeably) agree that:

-          You have read and understand the content of this document.

-          You have capacity to enter into and to be bound by the agreement.

-          You accept all the responsibilities contained in this document.

These conditions are indefinite and apply to all contracts completed through the SELLER's website.

The SELLER informs you that it is a legal trader and that it knows the laws and regulations that apply in the countries to which it ships its goods and it reserves the right to make unilateral changes to these terms and conditions. This will not affect any goods or promotions ordered before any such change.

Identity of the contractual parties

On the one hand, the SELLER of any goods or services you purchase is BELLA AURORA GROUP comprising BELLA AURORA LABS S.A., whose address for communication purposes is Colonia Güell -Ed. Filatures, 4º - SANTA COLOMA DE CERVELLO 08690 (BARCELONA), whose registered address is Calle Luis Martínez 21, 39005 Santander with tax code (NIF) A58303462 and customer and user services telephone number  934781112.

And on the other hand you, a user registered on this website with a username and password. You are entirely responsible for the use and safekeeping of your username and password, and for any and all personal details you provide to the SELLER.

Contractual purpose

The purpose of this agreement is to govern the contractual relationship vis-a-vis sales between you and the SELLER when you agree to the SELLER’s contractual terms and condition by checking the corresponding box.

The contractual relationship consists of purchases and sales of products and services for the specific prices published on the website.

Contractual procedure

To purchase and use the SELLER’s products and services, you must register on the website by creating a user account. To do this, you must freely and voluntarily provide the necessary personal data, which will be processed in accordance with the data protection laws and regulations, namely REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) and the Legal Notice and privacy policy on this website.

You will be asked to select a username and password. You must make careful use of these and must not reveal them to third parties, and you undertake to notify the SUPPLIER of any loss or theft of these login credentials or possible unauthorised use, so that your account can be blocked immediately.

When your user account has been created, please note that in accordance with Section 27 of Law 34/2002 on E-Commerce and Information Society Services (ECISSA), the Law 34/2002 on E-Commerce and Information Society Services (ECISSA), the contractual procedure will be as follows:

1.     General Contractual Terms and Conditions

2.     Deliveries

3.      Right to withdraw

4.     Incidents and complaints

5.     Force majeure

6.     Jurisdiction

7.     General aspects of the offer

8.     Offer price and term

9.     Delivery costs

10.  Method of payment, costs, and discounts

11.  Purchasing process

12.  Guarantees

13.  Guarantees and returns

14.  Law and jurisdiction


1. GENERAL CONTRACTUAL TERMS AND CONDITIONS

In the absence of any written terms and conditions to the contrary, by placing an order with the SUPPLIER, you accept these legal terms and conditions. You may not introduce any contractual stipulations that contradict those specified by the SUPPLIER unless these have been submitted and expressly accepted by the SUPPLIER in writing.

2. DELIVERIES

For more information about the delivery process, please see the DELIVERIES page.

3. RIGHT TO WITHDRAW

For more information about the returns process and prices, please see the RETURNS page

4. INCIDENTS AND CLAIMS

Your incidents and claims will be dealt with as quickly as possible. Please contact us by the following means:

BELLA AURORA LABS, S.A., Colonia Güell -Ed. Filatures, 4º - SANTA COLOMA DE CERVELLO 08690 (BARCELONA).

Telephone: 934781112

mail: [email protected]

Online Dispute Resolution

Pursuant to Section 14.1 of Regulation EU 524/2013, the European Commission provides a free platform for resolving disputes between you and the SELLER, without third-party intervention, called online dispute resolution or (ODR), to mediate between the parties. This body is neutral and dialogues with both parties to reach an agreement, and may eventually suggest or impose a solution to the dispute.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties accept no liability for incidents caused by force majeure. Fulfilment of the obligation shall be delayed until the end of the cause of force majeure.

6. JURISDICTION

You may not assign, transfer, or transmit your rights, responsibilities, or obligations herein.

If any of these terms and conditions are deemed void or unenforceable, this will not affect the validity, legality, and enforceability of the remaining clauses in any way, nor shall they be altered.

You hereby declare that you have read, understood, and agree to all these General Contractual Terms and Conditions.

7. GENERAL ASPECTS OF THE OFFER

All sales and deliveries carried out by the SELLER are subject to these General Terms and Conditions.

No amendments, changes or agreements that contradict the Sales Offer made by GRUPO BELLA AURORA or stipulated herein shall be binding unless they set out in writing and signed by the SELLER, in which case the specific agreements shall prevail.

We make continuous technical advances and improvements to our products, therefore, the SUPPLIER reserves the right to make changes to the product specifications with respect to the content of the advertising, provided that this will not affect the value of the products offered. These changes will be equally valid if, for any cause, the possibility of supplying the product offered changes.

8. OFFER PRICE AND TERM

The prices quoted for each product include Value Added Tax (VAT) and all other applicable taxes. These prices, unless stated expressly to the contrary, will not include delivery costs, handling, packaging, shipping insurance or any other additional services other than the service purchased.

Product prices are as published on the website and are presented in EUROS. Users understand that the prices of some products may vary in real time.

Before making a purchase, please check all the items in the offer: products, quantities, price, availability, shipping costs, charges, discounts, taxes, and the total purchase. Prices may change daily until you place your order.

Once you have placed your order, the price will not change, whether or not they are available.

The SELLER will issue a bill or invoice made out to the registered user or the company name for all orders placed. This bill or invoice will be sent with the product acquired, as well as a PDF to the email address that you have provided.

If you need information about your orders, please contact the SELLER's customer services telephone number 934781112 or send an email to [email protected].

9. DELIVERY COSTS

For more information about delivery charges, please see the DELIVERIES page.

10. METHOD OF PAYMENT, COSTS AND DISCOUNTS

The SELLER provides the following payment methods:

-        PayPal

-        Card Payments

11. PURCHASING PROCESS

Shopping basket (simulated estimate)

You can add any of the products in our catalogue to your shopping cart. This only shows a summary of the items, quantity, price, and total amount. When you have saved the items in the basket, the taxes, charges, and discounts are calculated according to payment and shipment data entered.

The contents of baskets are not binding. They are merely a section where users can simulate an estimate without any commitment by either party.

From the basket, you can place and complete an order by following these steps:

1.     Enter the personal data.

2.     Enter the delivery address.

3.     Select the delivery option.

4.     Payment.

There is no requirement to register to make a purchase.  Registration is optional.

Once you have processed your order, the system will instantly send an email to the Seller’s management department.

Orders (purchase requests)

Within 24 business hours, you will receive an email, confirming your order status and the delivery date.

12. GUARANTEES

All products offered on the website are original. Unless otherwise stated in the product description, all products are covered by a two-year guarantee in compliance with the conditions and criteria described in Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

13. GUARANTEES AND RETURNS

All goods are guaranteed in accordance with the following Sections of Law 23/2003, of 10 July, on guarantees in the Sale of Consumer Goods:

I) Conformity of the goods with the contract

1. Unless proven otherwise, goods shall be deemed to conform with the contractual conditions provided that they satisfy all the requirements stated below, unless the circumstances of the case do not apply:

a) They conform to the description made by BELLA AURORA.

b) They are fit for the purpose for which goods of the same type are usually used.

c) They are fit for any special use required by you (the consumer) provided that the seller was informed of the special use when concluding the contract, provided that the seller states that the goods are fit for the special purpose.

d) The goods are of the usual quality and features of goods of the same kind as the consumer can reasonably expect, taking into account the nature of the goods and, where appropriate, the statements on the specific characteristics of the specific goods made by BELLA AURORA GROUP.

e) BELLA AURORA GROUP describes the details, technical features and photographs of the products provided by the manufacturer, therefore it is not bound by these public declarations.

2. Any lack of conformity resulting from incorrect installation of the product will be tantamount to lack of conformity of the product when the installation is included in the purchase contract and has been carried out by GRUPO BELLA AURORA or under its responsibility, or by the USER when the defective installation is due to an error in the installation instructions.


3. BELLA AURORA accepts no liability for lack of conformity about which you are aware or could not have been ignored when entering into the contract or which originate the materials you supply.

II) SELLER’S liability

BELLA AURORA GROUP will be liable for non-conformities existing when the product is delivered. BELLA AURORA GROUP recognises your right to have the product repaired or replaced, to a price reduction or to terminate the contract.

III) Product repairs and replacements

1. If the product does not comply with the contract, you are entitled to a repair or a replacement, unless these options are impossible or disproportionate. From the moment that you notify BELLA AURORA GROUP of your chosen option, both parties must comply. Your decision is understood notwithstanding Section IV in cases where the repair or replacement will not result in conformity of the product in compliance with the contract.

2. Any remedy which involves costs to BELLA AURORA GROUP which, in comparison with the alternative form of remedy, are unreasonable, shall be deemed “disproportionate”, considering the value of the product and the extent of the non-conformity when if there is an alternative available that will not be a major inconvenience to you.

IV) Repairs and replacements

Repairs and replacements shall be processed as follows:

a) They are free of charge to you.

They include all necessary costs to correct the non-conformity of the goods covered by the agreement, particularly delivery costs, labour costs and materials.

b) They will be completed within a reasonable period of time and without causing major inconvenience to the user, considering the nature of the products and the purpose for which you intend to user them.

c) Repairs suspend the calculation of the periods referred to in Section VII. The suspension period begins when the USER makes the product available to GRUPO BELLA AURORA and ends the delivery of the duly repaired product to the USER. For six months after the delivery of the repaired product, GRUPO BELLA AURORA will be liable for the non-conformities that necessitate the repair any non-conformity of products of the same origin will be deemed the same as those initially detected.

d) Replacement suspends the periods referred to in article VII from the exercise of the option until the delivery of the new product. The replacement product will also be subject to Section VII.2.

e) If the product repaired and delivered does not comply with the contract, you are entitled to a replacement within the limits established in Section 2 of article VI, or a price reduction or you may terminate the contract according to section V.

f) If the product is not repaired in compliance with the contract, you are entitled to a replacement within the limits established in Section 2 of article VI, or a price reduction or you may terminate the contract according to sections V and VI

g) You are not entitled to a replacement in case of non-fungible or second-hand products.

V) Reduced price and termination

You will be entitled to a price reductions or to terminate the contract when it is not possible to repair or replace the product and in cases where has not happened within a reasonable period of time or with major inconvenience to you. Termination is not permitted if the non-conformity is of minor importance.

VI) Criteria for a price reduction

Any price reductions will be proportional to the difference between the value of the product on delivery had it complied with the contract and the value of the product when actually delivered.

VII) Terms

1. BELLA AURORA GROUP shall be liable for non-conformities that appear within two years of delivery. In case of second-hand products, BELLA AURORA GROUP and you may agree upon a shorter term, which must not be shorter than one year from delivery.
In the absence of proof to the contrary, it will be presumed that non-conformities appearing within six months of delivery existed when the product is delivered, except where this is incompatible with the nature of the product or the nature of the non-conformity.

2. Unless there is evidence to the contrary, the delivery date shall be that stated on the bill or purchase receipt, or the delivery note, if later.

3. Demands for compliance with the above must be brought within three years of delivering the product.

4. You must notify BELLA AURORA GROUP of the non-conformity within two months of learning of its existence.

In the absence of proof to the contrary, you will be assumed to have notified BELLA AURORA within the term established.

VIII) Claims against the producer

When you are unable to contact GRUPO BELLA AURORA to report the non-conformity of the products with the contractual conditions, you may claim a replacement or product repair directly from the producer.

Generally, and notwithstanding the expiry of the producer's guarantee under the same terms and conditions as those established for BELLA AURORA GROUP, the producer will be liable for non-conformities with regard to the origin, identity, or suitability of the products, according to their nature and the applicable regulations.

The producer is the manufacturer of the product or importer in the European Union or any person who presents himself as such by lending its name, trade name or other distinctive sign.

The party liable to the user will have one year during which to appeal against the party claiming for the non-conformity. The term is calculated from the moment when the correction is made.

14. LAW AND JURISDICTION

These conditions shall be governed and interpreted according to Spanish law in cases for matters not expressly established herein. The SUPPLIER or USER may submit any disputes that arise regarding the provision of goods and services subject to these Conditions to the courts at the USER’s domicile.

If your domicile is outside Spain, you and the PROVIDER expressly waive any legal systems to which you may be entitled and agree to be bound by the nearest Courts.

 

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