- General Information
Publication: November 20, 2015
This document and all documents mentioned herein establishes the conditions governing the access and use of this website and the purchase of products or services in the same.
By using our website, placing orders, or making purchases through the same, you agree to have read and be bound by these General Conditions. If you do not agree with the General Conditions, you will not be able to use our services or place orders or purchases.
By using our website, placing orders, or making purchases through the same, you also grant your consent to the owner of the website to communicate with you electronically on matters related to the development of the platform and the services provided through it, as well as to send commercial communications, which you can reject if you do not want to receive them again.
If you have any questions related to the General Conditions, you can contact us through the contact form on our website or at the following email address email@example.com
- Our Data
The sale of products and services made through this website is carried out by the Spanish company ALPHABRANDS S.L. with registered office at Calle de Sardenya 537 – 539, 1º 1ª 08024 Barcelona, with tax identification number NIF B66638891 and email: firstname.lastname@example.org
Through this website, ALPHABRANDS S.L. (hereinafter “We”) makes available to its customers and sells online the following products or services: Online consultation or advice, eBook-type digital products. Female and male vibrators and associated cosmetics: Lubricants and oils (collectively referred to as “The Products or Services”).
Subject to compliance with these General Conditions, we grant you a limited, non-exclusive, non-transferable, and revocable license to use this website, to access and purchase the Products and Services as set forth in this document. You also agree not to
reverse engineer or decompile services or attempt to do it personally or assist others to do so.
- Modifications to the General Conditions
We may review these General Conditions in a timely manner and always publish the most current version on our website. If a review significantly reduces your rights, we will inform you (for example, through a message to the email address linked to your account, on our blog or on this website). By continuing to use the Services or by accessing them after the revisions become effective, you agree to be legally bound pursuant to the revised General Conditions.
- Your data and visits to our website
The information and personal data you provide us will be treated according to our Data Protection Policy. When you use our website or place orders through it, you consent to the processing of your data and the information you provide, stating that these are true and correspond to reality.
- Your obligations when using our website
By using our website, making purchases, or placing orders through the same, you agree to:
- Comply with the information requirements that are necessary for us to provide our Products or Services.
- Use our website only to place legally valid orders.
- Do not place false or fraudulent orders. If we reasonably consider that you have placed an order of this type, we are authorized to cancel it and, if necessary, inform the competent authorities.
- Provide us with your email address, mailing address, and/or other contact information in a truthful and accurate manner.
- Protect the passwords you use to access our website and not provide them to third parties.
- Keep your account information updated.
In case you do not provide us with all the information we need, we will not be able to process your order.
By making a purchase or placing an order for our Products or Services, you claim to be over 18 years of age and have the legal capacity to enter into contracts.
- Formalization of the Contract
The contract will not be understood as formalized or concluded until We have expressly accepted your order. If your offer is not accepted and a charge has been made to your account, the amount will be refunded in full.
To place an order, you must follow the online purchase procedure, clicking on “Buy” and then clicking on “Pay.” Upon doing that you will receive an e-mail acknowledging receipt of your order. All orders are subject to our acceptance, of which you will be informed through an e-mail confirming that the product is being sent (the “Shipping Confirmation”). The contract will be formalized only when we send you the Shipping Confirmation and only products related to the same will be subject to the contract.
- About the availability of products or services
All product orders are subject to their availability. In this sense, if there are difficulties in the supply of products, we will inform you about substitute products of equal and superior quality and value that you would be able to reserve or pre-order. If you do not wish to place an order for substitute products, we will refund any amount you may have paid.
- Processing and availability of orders placed
The products or services we offer on this website are only available for delivery or shipment to Spanish territory.
We can remove any product or service from this website at any time and remove or modify any material or content therein. Although we always try to process all orders, there may be exceptional circumstances that force us to refuse the processing of any order, even after having sent an order confirmation, so we reserve the right to do so at any time.
We are not liable to you or to any third party for removing or withdrawing any product from this website, removing, or modifying any material or content therein, or for not processing an order once we have sent you the Order Confirmation.
- Conditions related to the delivery of the Products and Services
Without prejudice to the provisions of clause 8 above regarding the availability of the products and unless extraordinary circumstances occur, we will try to send the order consisting of the product(s) specified in each Shipment Confirmation prior to the delivery date shown in The Shipment Confirmation sent. If no delivery date is specified, the delivery will be performed within the estimated period indicated when selecting the shipping method and, in any case, within a maximum period of 30 days from the date of the Order Confirmation.
However, there could be delays due to unforeseen circumstances or in relation to the delivery area.
If for some reason we could not meet the delivery date, we will inform you and give you the option to continue with the purchase by establishing a new delivery date or cancel the same with a full refund of the price paid.
For the purposes of these General Conditions, it will be understood that the “delivery” has occurred or that the order has been “received” when you, or a third party you authorize to do so, acquires the material possession of the products, with proof of delivery in the form of a signed receipt of the order at the agreed delivery address.
- Impossibility to deliver an order
If it is impossible for us to make the delivery of your order, we will try to arrange a safe place to leave it. If we do not find a safe place, your order will be returned, and we will leave you a note explaining where your order is and how to proceed to resend the order.
If 15 days have elapsed since your order is available for delivery and the same has not been delivered for reasons not attributable to us, we will understand that you are withdrawing from the Contract and we will consider it terminated. As a result, we will refund all payments received, including delivery costs (except for the additional costs arising from your choice of a delivery mode other than the least expensive mode of regular delivery that we offer) without any undue delay and, in any case, within a maximum period of 15 days from the date on which we consider the Contract terminated.
It is worth mentioning that the transportation or delivery resulting from the termination of the Contract may have an additional cost, so we will be authorized to charge you for the corresponding costs.
- Transfer of Property and Risk
The ownership of the Products and Services is acquired when We receive the full payment of the amounts owed in relation to them, including the shipping costs, or at the time of delivery (according to the definition set forth in clause 10 herein) if the same took place later. It will be understood that the risks of the Products or Services will be your exclusive responsibility as of the time of delivery.
- Price and Payment
The price of the products or services will be the one established on our website at the time, except in case of manifest error. Although we try to make sure that all prices listed on the page are correct, errors may occur.
If we discover an error in the price of any of the products or services that have been ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and the amounts that have been paid will be fully reimbursed.
We will not be obliged to supply any product at the wrong lower price (even if we had sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and you could reasonably have recognized it as an incorrect price.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount.
Prices may change at any time, but (except as stated above) the possible changes will not affect the orders on which we have already sent an Order Confirmation.
Once you have chosen all the items you want to buy, they will be added to your shopping cart and the next step will be to process the order and make the payment. To do so, you must follow the steps of the purchase process, providing the information requested at each step.
Also, during the purchase process, you will be able to modify the details of your order before making the purchase.
To minimize the risk of unauthorized access, your credit card information will be encrypted. Once we receive your order, we will pre-authorize your card to ensure there are sufficient funds to complete the transaction. The charge on your card will be made at the time we confirm the order. By clicking “Pay” you confirm that the credit card is yours.
Credit cards will be subject to verifications and authorizations by their issuer, but if that entity does not authorize payment, we will not be responsible for any delay or failure to deliver and we cannot formalize any Contract with you.
- Return Policy
- Legal right to desist from the purchase
If you are hiring as a consumer and user, you have 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 you or a third party authorized by you, other than the carrier, acquires the material possession of the products or in case the products included in your order are delivered separately, upon 14 calendar days from the date when you or a third party authorized acquire the material possession of the last product delivered. In terms of the subscription of services, the withdrawal period will expire 14 calendar days after the purchase was made.
To exercise the right of withdrawal, you must notify us by writing to the email email@example.com or through our contact form, stating your decision to withdraw from the Contract. You can use the model withdrawal form that appears as an Annex to these Conditions, although its use is not mandatory.
To comply with the withdrawal period, it is sufficient that the communication whereby you exercise this right is sent prior to the expiration of the corresponding term. It is worth mentioning that your right to withdraw from the Contract will apply only to those products that you return in the same conditions in which they were received.
No refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage, so you should be careful with the product or products while they are in your possession. Please return the item using or including all original packaging, instructions and other documents that accompany the same. In any case, you must include the ticket you received at the time of delivery of the product duly completed, along with the product to be returned.
After examining the returned item, we will let you know if you are entitled to the refund of the amounts paid. The reimbursement of transportation costs will only be made when the right of withdrawal is exercised within the legal term and if you return all items that make up the order in question. The refund will be made as soon as possible and, in any case, within 15 days from the date in which you notify your intention to cancel. However, we can withhold reimbursement until we receive the products, or until you have submitted a proof of the return of the same, depending on which condition is met first. The refund will always be made using the same means of payment that you used to make the purchase.
You must be responsible for the direct cost of returning the products. Please keep in mind that if you decide to return the items to us, we will be authorized to charge you the expenses in which we may incur.
- Consequences of withdrawal
In case you decide to withdrawal, we will refund all payments received, including delivery costs, if applicable, (except for the additional costs arising from your choice of a delivery mode other than the least expensive mode of regular delivery that we offer) without any undue delay and, in any case, no later than 15 calendar days from the date on which you inform us of your decision to withdraw from this Contract.
We will proceed to make such refund using the same means of payment employed when you made the initial transaction. You will not incur any expenses as a result of the refund. Notwithstanding the foregoing, we may withhold reimbursement until we have received the products, or until you have submitted a proof of the return of the same, depending on which condition is met first.
Unless you return the products through a delivery service or courier organized by us, you must be responsible for the direct cost of returning the products.
You will only be responsible for the decrease in the value of the products resulting from a handling other than the necessary to establish the nature, characteristics, and operation of the products.
- Defective Product Returns
If at the time of delivery, you consider that the product does not comply with the provisions of this Contract, you must contact us immediately providing the product data as well as the damage it suffers, so we can indicate the way to proceed.
We will proceed to carefully examine the returned product and we will notify you by e-mail within a reasonable time if the refund or replacement of the product is appropriate (if applicable). The refund or replacement of the item will be made as soon as possible and, in any case, within 20 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming item is applicable.
The amounts paid for those products that are returned because of some fault or defect, should this really exist, will be reimbursed in full, including the delivery costs incurred to deliver the item and the costs you would have incurred to return it to us. The refund will be made in the same means of payment that was used to pay for the purchase.
In any case, the rights recognized by current legislation shall remain unaffected.
- Regarding our Responsibility
Except as otherwise specifically provided in these General Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of said product.
Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website, unless otherwise expressly established.
All product descriptions, information and materials that appear on this website are provided “as true and authentic” and without express or implied warranties on them except those legally established. In this sense, if you contract as a consumer and user, we are obliged to deliver articles that are in accordance with the Contract and are liable to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products are in compliance with the Contract provided that (i) they conform to the description made by us and have the qualities that we have presented on this website, (ii) are suitable for the uses to which similar products are ordinarily intended and (iii) present the usual quality and benefits that are reasonably expected from a similar product.
To the full extent permitted by law, we exclude all warranties, except those that cannot be legitimately excluded for consumers and users.
The provisions of this clause will not affect your rights as a consumer and user, or your right to withdraw from the Contract.
- Intellectual Property
The Products or Services offered through this website and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights, are owned by us, or our licensors, and the use of and/or purchase on our website does not grant rights or property rights regarding our services or our licensors.
All content published on this website -articles, pages, images, product descriptions, etc.- are subject to copyright and intellectual property, of which we are the owners. In no case will these rights be transferred or assigned without our prior, explicit, and written consent.
Specifically, the contents of this website may not be reproduced, reinterpreted, disseminated, sold, distributed, or used for commercial purposes or otherwise.
- Viruses and Computer Attacks
You must not make improper use of this website by intentionally introducing viruses, trojans, worms, logic bombs or any other program or material that is technologically malicious or harmful.
You will not try to have unauthorized access to this website, to the server where that page is hosted or to any server, computer or database related to our website.
You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.
We will not be responsible for any damage or loss resulting from a denial-of-service attack, virus or any other chronologically damaging or harmful program or material that may affect your computer, computer equipment, data or materials resulting from the use of this website or the download of contents provided herein or to content to which the website redirects you.
- Third Party Links
If our website contains links to other websites and third-party materials, these links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we accept no responsibility for any damage or loss derived from the use thereof.
- Electronic communications
Applicable regulations require that part of the information or communications that we send you are in writing. By using our website, you agree that most of the communications you exchange with us are electronic.
We will contact you by email or we will provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information, and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.
- Applicable Law and Jurisdiction
The use of our website and product purchase contracts through the same will be governed by Spanish legislation.
Any controversy that arises from or relates to the use of the website or with said contracts will be subject to the non-exclusive authority of the Spanish courts and tribunals.
If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.