These are the Terms and Conditions which apply when buying goods from www.azada.es. Please read this agreement carefully.
ACCEPTANCE OF OUR TERMS
By agreeing to our Terms and Conditions, the customer hereby declares that:
• That he/she is over eighteen years of age
• That he/she has read and accepted the Terms and Conditions
These Terms and Conditions and the documents produced in accordance with it comprise the entire agreement between the user-client (the customer) and the online store http://www.azada.es property of AZADA ORGANIC, S.L. regarding each item order which concludes in a contract. The customer can print and save the Terms and Conditions page. AZADA ORGANIC, S.L., agrees to maintain and honour the Terms that the customer accepted at the moment of purchase even if these were amended or changed at a later date. Any changes to these Terms will be posted on the website and customers may consult any doubts or questions regarding the Terms and Conditions by writing to shop(arroba)azada.es
The Terms and Conditions comply with the following Spanish laws:
• Law 7/1998 of the 13th of April on Contractual Terms
• Royal Decree Legislation 1/2007 of the 16th of November which approved the text passed by the General Law for Consumer Protection
• Royal Decree 1906/1999 of the 17th of December which regulates Telephone or Electronic Commerce
• Organic Law 15/1999 of the 13th of December for Personal Information Protection
• Law 7/1996 of the 15th of January for Retail Commerce Regulation
• Law 34/2002 of the 11th of July for Services of Electronic Commerce and IT companies.
Provided sufficient notice is given to the customers, AZADA ORGANIC S.L., reserves the right to, at their discretion, to update and/or revise these Terms and Conditions, in order to improve services and products being offered through the online store at www.azada.es. AZADA ORGANIC’s obligation will be satisfied once any amendments of the Terms and Conditions are fully shown on the website www.azada.es.
Customers will in any case be invited to read the Terms and Conditions before making any purchases.
PRODUCT AND SERVICE DESCRIPTION
The customer must provide personal details and enter a coded password in order to make a purchase or use certain services and be allowed to have access to all the areas that require previous identification. Azada Organic, S.L., will not be held responsible for any misuse of the customer´s coded passwords. The customer is solely responsible for making sure that their user name and password are suitably protected from misuse or theft by a third party.
The Products appearing in this website are in stock unless otherwise indicated on the Online Store. If for any reason the unavailability of a specific product were to be discovered subsequent to having received payment for said product, Azada Organic, S.L. will immediately inform the customer via electronic mail of this fact, offering either to postpone the delivery or to reimburse the monies paid.
Prices and taxes
The price established for each product shall be that in effect on the Online Store at the time the order is placed. Azada Organic, S.L. may modify its prices at any time without need for advance notice (this shall not be applicable to periods of special offers made on the Online Store).
The product prices offered on the Online Store do not include shipping costs not applicable taxes. Prices are subject to taxation at the rate in effect from time to time, this currently being of eight percent (10%) and always eligible for application in accordance with legislation in force.
Purchases made by taxpayers (business, entities and/or organisations) residing within the European Union and holding an intercommunity tax identification code, shall be exempt from paying VAT, having the obligation to send a copy of this tax code document by email to shop(at)azada.es.
Purchases made by individual or corporate taxpayers residing outside the European Union shall be exempt from paying VAT. For the purposes of this system and due to its fiscal regime, non-EEC territories are deemed to be the geographic areas of Canaries, Ceuta and Melilla.
Prices provided for shipping do not include import taxes (customs duties), which shall be paid in cash at destination by the recipient of the goods.
No goods shall be delivered to post office boxes.
Upon making a purchase via the Online Store, the customer undertakes to accept the sales conditions and abide by them.
This purchase system is subject to the legislation in force in Spain; sales shall therefore be deemed to have been made at the address of Azada Organic, S.L., Apartado 410, 08860 Castelldefels, Barcelona (Spain).
All orders shall be served within a period of 3 to 5 days, depending on the delivery destination, except for Saturdays, Sundays and bank holidays, when the minimum delivery period shall be of 3 days.
Prices and taxes
Applicable shipping costs and taxes shall be indicated separately when the order is placed. Prices are as follows:
4.95€ to the following countries: Spain and Germany (except Canary Islands*)
8€ to the following countries: Andorra, Belgium, Denmark, France, Ireland, Italy, Luxembourg, Portugal & UK.
The rest of the E.U. countries will be charged 14.50€.
* For orders to the Canary Islands, your package may be subject to customs fees and import duties. These charges are always the responsibility of the person receiving the order.
RETURNS AND REFUNDS
Once the customer has received the product no returns or exchanges will be admitted, unless the product should present a flaw or defect of any kind. In the event that the product should present a flaw or defect, customer shall have a period of fourteen (14) calendar days, as of the date of receipt of the product, to exercise the right of return. In the event of return, shipping costs will not be reimbursed.
Likewise, any collection costs shall be borne by the customer (equal to the cost of shipping of the type of product purchased and destination). In order for return to be accepted, the product must be in perfect condition and in its original packaging. Once goods have been received at our warehouse, reimbursement will be made by means of payment originally used by the customer. In any event, the return of flawed products and mistaken deliveries will be admitted, and Azada Organic, S.L. will be responsible for all shipping costs provided the customer informs of this situation within fourteen (14) calendar days as of the date of receipt of product. In order to make a return, the customer must send to Azada Organic, S.L. an email to the following address: shop(at)azada.es indicating the reason for said return.
MEANS OF PAYMENT
Payment will be made through PayPal. PayPal is world leader for online transactions, providing a secure payment method where the customer previously opens a PayPal account using their credit or debit card that can later on be used to make payments in a multitude of online shops all over the world.
PayPal, acting as liaison between the customer and AZADA ORGANIC, S.L., will be the only ones to have the customer’s bank details. This payment method is instantaneous which implies that once customer makes payment, the transaction is completed and the order processed.
VISA, Master Card, American Express and bank transfer payments are all accepted by PayPal. PayPal is a simple yet highly secure payment system.
For security reasons, if payment is received for a delivery address that is not confirmed by PayPal, the order will not be processed and payment will be cancelled. AZADA ORGANIC, S.L., is a verified PayPal member.
All transaction charges will be paid for by Azada Organic S.L.
The Online Store of Azada Organic, S.L. incorporates the measures required to ensure that the information provided by the customer, including credit card details, is kept confidential and secure and that the payment and registration data is processed with the utmost confidentiality.
When a purchase is made or customer account information is accessed, Azada Organic, S.L.U. uses a secure server. The software on this secure server (SSL) encrypts all the information provided by the customer prior to being sent to Azada Organic, S.L.
PRIVACY AND DATA PROTECTION
By providing electronic mail address and other personal information necessary for accessing certain services, the customer intrinsically gives their permission to AZADA ORGANIC S.L., to use this information to send promotions, product and services advertisements, customer surveys and questionnaires. If the customer wishes to revoke such permission, they can do so by writing to shop(at)azada.es. Customers can also use this electronic mail address to exercise their right to access, rectification, cancellation and opposition as guaranteed by current law.
AZADA ORGANIC, S.L., hereby declares that they comply with current data protection laws, specifically the Organic Law 15/1999 of the 13th of December for Personal Data Protection. If the customer is not in agreement with this policy, they are asked not to use this website and not to provide any personal information to Azada Organic, S.L.
Azada Organic, S.L., can be obliged by law to reveal customer personal data to certain third parties or authorities, such as courts of justice and, if necessary, to police and security departments in those countries that they operate in or third party representation.
Furthermore, and in compliance with current legislation, Azada Organic, S.L., could transmit or use customer personal data in the event of having to legally defend its interests i.e. in civil or criminal lawsuits.
Azada Organic S.L., policy is to make sure that under age customers do not purchase or participate in business employing our products and services without parental consent unless approved by current legislation.
The implications of accepting this policy, means that the customer is over eighteen years of age and capable of understanding and assuming this policy as laid out in these Terms and Conditions.
The content of this website is property of AZADA ORGANIC S.L., and are as such subject to protected by copyright and intellectual property laws. The customer may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from AZADA ORGANIC, S.L.
The customer may not provide any part of the content to third parties.
AZADA ORGANIC’s intellectual property covers everything from web content to graphics, logos, web design, images and program code used for programming.
USE AND RESPONSIBILITIES
AZADA ORGANIC S.L. is not responsible for web content on third party sites or links.
With regard to connexion errors, and force majeure: AZADA ORGANIC, S.L., will not be held responsible for errors, access delays, system delays or any defects that might occur in relation to general problems on Internet, acts of God, force majeure or any other unforeseen event. In such an event, AZADA ORGANIC, S.L., will do their very best to solve the problem by offering all possible help to the customer in shortest possible time frame. Furthermore AZADA ORGANIC, S.L., will not be held responsible for any errors in communication, erasure or incomplete transactions provoked by these unforeseen events and therefore cannot guarantee that the website will always be in operation when subject to such unforeseen events beyond AZADA ORGANIC’S capabilities and means.
Website usage: AZADA ORGANIC, S.L., will in no case be held responsible for any errors or damage produced as a result of customer misuse. Nor will they be responsible for any major or minor consequences of lack of communication between AZADA ORGANIC, S.L., and the customer as a result of incorrect e-mail address or false information provided by the customer during their user registration on www.azada.es.
OBLIGATIONS OF CUSTOMERS AND USERS
The user generally undertakes to fulfil these general terms and conditions, as well as to fulfil the special recommendations and instructions of use contained therein or in the website, at all times acting in accordance with the law, good custom and good will, applying due diligence and refraining from using the website in any way that may prevent, damage or deteriorate the normal working order thereof, the goods and rights of Azada Organic, S.L., its suppliers, remaining users or generally any third party.
Access and use of the portal is forbidden to minors without the express authorisation from parents. Azada Organic, S.L. shall not be held liable for the veracity or accuracy of the data entered by the user and thus is not able to verify the age thereof. Specifically, and with no implication of any restriction whatsoever on the foregoing paragraph, during the use of the website www.azada.es the user undertakes to:
a) Provide true information on the data requested in the user registration form or placing of orders, and to keep such data current.
b) To not enter, store or disclose in or from the website, any information or material deemed to be defamatory, injurious, obscene, threatening, xenophobic, should incite to violence or discrimination by reason of race, gender, ideology or religion or which in any way should offend the decency, public order, fundamental rights, public freedoms, honour, privacy or image of third parties or in general the legislation in force.
c) Not enter, store or disclose through the store any program, data, virus, code or any other electronic or physical device that could damage the website, any of its services, or any equipment, systems or networks of Azada Organic, S.L. of any other user, of the suppliers of Azada Organic, S.L. or generally of any third party.
d) To diligently safeguard the “user name” and the “password” provided by Azada Organic, S.L. assuming all liability for damages arising from the improper use thereof.
e) Not carry out advertising or commercial promotion activities via the website, and not use the contents and information therein to send publicity, or send messages with any kind of marketing objective nor to collect or store third party personal data.
f) Not use false information, nor impersonate the identity of others in the use of this website or in the use of any services contained therein, including the use if applicable of passwords or access codes of third parties or in any other way.
g) Not to destroy, alter, use for personal gain, render unusable or damage the data, information, programs or electronic documents of Azada Organic, S.L., its suppliers or third parties.
h) Not enter, store or disclose via the store any content that may infringe the copyright or business secrets of third parties, nor generally any content that the law should forbid from disclosing to a third party. The customer undertakes to enable the delivery of the order placed by providing a delivery address where the product may be delivered within the usual timetable of delivery of goods. In the event of breach by the customer of this obligation, Azada Organic, S.L. will not be held liable for any delay or failure in the delivery of the order placed by the customer.
INVALIDITY OF TERMS
In the event that any particular term included in these Terms and Conditions were to be declared totally or partially invalid or inefficient, it would only affect the particular term in question, leaving the rest of the Terms and Conditions intact and unaltered and thereby omitting the term in question from the document.
All notices, petitions, demands and any other correspondence between AZADA ORGANIC, S.L., and the customer in relation to these Terms and Conditions, must be carried out in writing and will be considered duly completed when delivered by ordinary post or e-mail to the address provided by the part concerned or to any other postal address or e-mail address as indicated by the parts concerned.
LEGISLATION AND JURISDICTION
These terms and conditions shall be interpreted in accordance with the legislation in force in Spain in this regard, to be applied to any matter not foreseen therein.
The agreement is understood to be entered into in Barcelona (Spain), which shall determine the applicable jurisdiction in the event of any controversy that may arise therefrom.
The fiscal name is Azada Organic, S.L., with address at Apartado 410, 08860 Castelldefels (Barcelona- Spain). LLC registered at the Commercial Registry of Barcelona: Tomo 41950, Folio 0135, Hoja 396797, Inscripción 1ª
The sales made are distance sales governed by Spanish legislation in force on the matter.