General Terms and Conditions
This document sets forth the general terms and conditions for the contractual relationship involving the intermediation in the purchase and sale of the products offered on this website and app, the owner and proprietor of which is NOUSTIQUE PERFUMES, SL. (“THE ALCHEMIST ATELIER”) with registered offices at C/ de les Moles 29, 08002, Barcelona, Spain, and tax identification number B67126664, listed on the Companies Register of Barcelona under Volume 46209, Folio 102, listing 1 on page 513032, and the physical and/or legal persons (hereinafter known as the “CLIENT”) stating that they wish to purchase the products by way of an on-line request via this website or the app.
Where the CLIENT uses the Product for a purpose related to his/her business or commercial activity, he/she shall lose his/her status as a consumer and the rights that these Terms and Conditions acknowledge thereto shall not apply. This shall be understood notwithstanding any agreements that THE ALCHEMIST ATELIER may reach with third parties for the joint promotion of the Product or products, or any other form of collaboration possible by law.
THE ALCHEMIST ATELIER provides CLIENTS with the product on the website, which consists of a machine or capsules (hereinafter known as “the Product”) for the custom preparation of CLIENTS’ own perfumes to suit their tastes.
The request by the CLIENT form the specific terms and conditions to which these terms and conditions are associated, which the CLIENT must accept on line before purchasing the Product. The CLIENT is informed of these terms and conditions on this same website so that they may be read, printed, filed and accepted. These general terms and conditions together with the purchase of the Product by the CLIENT imply the execution of the purchase agreement between THE ALCHEMIST ATELIER and the CLIENT, who declares to have read, understood and accepted these terms and conditions. The CLIENT may always consult these general terms and conditions on the website.
ONE. APPLICABLE LAW.- These General Terms and Conditions are subject to the provisions of the regulations and laws defending the rights of consumers and users, and those regarding electronic contracts.
TWO.- PURPOSE OF THE AGREEMENT.-
By way of these General Terms and Conditions, THE ALCHEMIST ATELIER agrees to provide the CLIENT with the Product requested on the website in exchanged for a set price.
By purchasing the Product available on this website, the CLIENT declares:
a) Whereas he/she is an individual of legal age and with the capacity to enter into this agreement.
b) Whereas he/she has read and understood and accepts these General Terms and Conditions of Contract.
THREE. -ALTERATION OF THE GENERAL TERMS AND CONDITIONS.-
THE ALCHEMIST ATELIER reserves the right to amend these General Terms and Conditions at any time, without having to inform the CLIENT of such in advance. On all accounts, the CLIENT is responsible for reviewing them as a prerequisite to purchasing any product available on this website. The General Terms and Conditions indicated on the website when the CLIENT purchases the Product shall, however, be deemed valid and applicable.
FOUR.- RIGHTS AND OBLIGATIONS OF THE ALCHEMIST ATELIER.-
4.1. Liability of THE ALCHEMIST ATELIER. Under no circumstances shall it be held liable in relation to:
4.1.1. Any errors, delays in access by the CLIENT when entering his/her details or any abnormality that may arise when these incidents are due to internet problems, force majeure or any unforeseeable event not attributable to the good faith of the company. On all accounts, THE ALCHEMIST ATELIER agrees to solve any problems that may arise and to offer all necessary support to the CLIENT to find a fast, satisfactory solution to the incident.
4.1.2. Any errors or damage produced due to inefficient and negligent use of the Product by the CLIENT.
4.1.3. Non-operability of or problems with the order confirmation e-mail address provided by the CLIENT.
4.2 Right of Withdrawal
4.3.4. THE ALCHEMIST ATELIER acknowledges the CLIENT’s right of withdrawal under the terms and times set forth in Royal Legislative Decree 1/2007 of 16 November. In this case, THE ALCHEMIST ATELIER shall reimburse the CLIENT the full amount paid as the price plus any applicable taxes, to the account number indicated by the CLIENT. The CLIENT has a period of 14 days as of delivery of the Product to exercise the right, this date being deemed the date indicated on the delivery document the CLIENT has signed, except where proven otherwise. In order to exercise this right, the CLIENT must send and email to [email protected], with the subject RETURN REQUEST within the times established. THE ALCHEMIST ATELIER, if the right of withdrawal is applicable, will coordinate the delivery of the corresponding Product to the address indicated at the start of these General Terms and Conditions. The product shall be in perfect condition and in its original packaging. In all cases, the CLIENT shall pay for all direct costs involved in returning the Product and for any damage to it as a result of its return.
The right of withdrawal acknowledged in this clause is notwithstanding the exceptions thereto, as established by law. In the terms set forth herein but not limited thereto, he/she may not exercise this right in relation to goods that, by nature, cannot be returned or that may deteriorate, expressly including products that have been customised on request by the consumer.
4.3.1. THE ALCHEMIST ATELIER must deliver the Product in perfect condition and remains free from any liability in relation to any tears or defects in the packaging of the Product caused after it has been delivered. In this case, the CLIENT expressly waives the claiming of any contractual or non-contractual liability for any damages or losses.
4.3.2. THE ALCHEMIST ATELIER shall be answerable, in accordance with Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users and other supplementary laws, for compliance of the Product at the time of its delivery with these General Terms and Conditions and, more specifically, with the specifications of each Product included on the website at the time of its purchase or when it is delivered to the CLIENT. The CLIENT must check that the Product is in perfect condition before signing for delivery of the order. Where approval is given at the time of delivery, both parties shall presume that the Product is compliant with these General Terms and Conditions and with its corresponding specifications.
4.3.4. Delivery costs to the warehouse for defective products still under warranty are payable by the CLIENT, and THE ALCHEMIST ATELIER shall pay all expenses involved in returning the product to the CLIENT’s address.
4.4. Time limits: THE ALCHEMIST ATELIER is answerable, for a period of two years as of delivery of the Product, for any non-compliance noticed at the time of its delivery in relation to these General Terms and Conditions and to its corresponding specifications. Under all circumstances, the CLIENT has a period of two months to inform THE ALCHEMIST ATELIER of any non-compliance of the Product as of the moment when said non-compliance is detected.
Where said non-compliance is detected six months after delivery of the Product, the CLIENT must prove that said non-compliance already existed at the time of delivery. In this case, THE ALCHEMIST ATELIER shall take all reasonable action to ensure the CLIENT can contact the manufacturer of the Product in order to find the best solution in each specific case, and THE ALCHEMIST ATELIER shall not be compelled to obtain any specific result from such.
4.5 Obligations of THE ALCHEMIST ATELIER.
Where the CLIENT exercises his/her guarantee right, he/she may choose between having the Product repaired or replaced, except where one of these options is objectively impossible or disproportionate because it involves unreasonable costs for THE ALCHEMIST ATELIER. Only where the repair or replacement of the Product is not provided within a reasonable time may the CLIENT demand a reduction in the price or the termination of the Purchase agreement.
FIVE.- RIGHTS AND LIABILITIES OF THE CLIENT.-
5.1. Payment.- The CLIENT agrees to pay in advance for the Product effectively requested, in the amount and manner indicated below:
5.1.1. Amount.- The price of the Product purchased by the CLIENT shall be as indicated on the website and is included in the specific request made by the CLIENT at any given time. These requests shall form the specific terms and conditions of a given order. The prices of the products indicated on the website and the app include VAT, the sum of which shall be calculated when the order is placed, as applicable.
5.1.2. Methods of payment.- The CLIENT must pay the amount corresponding to his/her order by way of:
- Bank transfer: for which the CLIENT must send an e-mail expressly requesting as such.
- Credit & Debit Cards: by entering his/her details into the virtual POS existing on the website. On accepting this method of payment, the CLIENT confirms to be authorised to use the card in question for this purpose and is the holder thereof. Card payments shall be subject to the provisions of current law regarding payment services, especially with regards to payment orders and the conditions for their renewal.
6.1.- Under no circumstances shall THE ALCHEMIST ATELIER be liable for:
6.1.1.- Any faults or incidents that may arise in communications, deletions or incomplete transmissions that do not guarantee that the website or app services remain constantly operational.
6.1.2.- The producing of any kind of damage that the CLIENT or third parties may cause to the website.
6.2.- THE ALCHEMIST ATELIER reserves the right to suspend access without prior warning and in a discretionary and permanent or temporary manner until effective liability of any damages arising can be ensured.
Furthermore, THE ALCHEMIST ATELIER shall cooperate with and notify the competent authority of these incidents as soon as it becomes reliably aware of the fact that the damage caused constitutes some kind of illegal activity.
6.3.- THE ALCHEMIST ATELIER under no circumstances reviews, audits or approves the activities of the CLIENTS. The latter remain solely responsible for using the App and the means provided in accordance with current law, and shall abstain from using it in a manner that is contrary to said law. THE ALCHEMIST ATELIER may only withdraw contents if a third party expressly reports them or where required to do so by the competent legal authority. In this case, THE ALCHEMIST ATELIER shall withdraw said contents, without prior notice to the CLIENT, which shall in all cases remain solely responsible for any harm that said contents may cause to third parties.
THE ALCHEMIST ATELIER hereby indicates that the contents, programming and design of the website are fully protected by copyright, and any reproduction, communication, distribution and transformation of said protected elements is expressly forbidden except where consent is expressly given by THE ALCHEMIST ATELIER. THE ALCHEMIST ATELIER may establish links or hyperlinks to articles or information from third parties, and shall always quote the source. The legitimate owner of the copyright to the information included in this manner may request the deletion of said references at any time.
EIGHT.- ALTERNATIVE PROCEDURE FOR ONLINE DISPUTE RESOLUTION.-
Notwithstanding the above, the European Commission provides a platform to resolve on-line disputes, which is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may subject their claims using the on-line dispute resolution platform.
NINE.- COMPETENT JURISDICTION AND APPLICABLE LAW.-
These General Terms and Conditions are governed by Spanish law. The provisions of Article 29 of the Spanish Information Society and e-Commerce Law 34/2002 of 11 July shall apply in order to determine the location of the agreement to which these General Terms and Conditions are subject.
TEN.- INVALIDITY OF CLAUSES.-
Where any clause of these General Terms and Conditions is declared null and void, all other clauses shall remain valid and shall be interpreted in line with the will of the parties and the purpose of these terms and conditions.