The present general conditions of use of the website, regulate the terms and conditions of access and use of https://www.aquonsport.com/ owned by LABORATORIOS AQUON INTERNACIONAL S.L., with registered office at C/ Rafael Escolano, 24- 3º – 03008 ALICANTE and with the number of the Tax Identification Code B-54622022, hereinafter «Aquon», which the user of the Portal must read and accept in order to use all the services and information provided from the portal. The mere access and/or use of the portal, of all or part of its contents and/or services means the full acceptance of these general conditions of use.
CONDITIONS OF USE
These general conditions of use of the portal regulate the access and use of the portal, including the contents and services made available to users in and/or through the portal, either by the portal, its users or third parties. However, access to and use of certain content and/or services may be subject to certain specific conditions.
OBLIGATIONS OF THE USER
The user must at all times respect the terms and conditions established in these general conditions of use of the portal. The user expressly states that he or she will use the portal diligently and assume any responsibility that may arise from failure to comply with the rules.
Likewise, the user may not use the portal to transmit, store, disseminate, promote or distribute data or content that contains viruses or any other computer code, files or programs designed to interrupt, destroy or damage the operation of any computer or telecommunications equipment or program.
RESPONSIBILITY OF THE PORTAL
The user knows and accepts that the portal does not grant any guarantee of any nature, whether express or implicit, on the data, contents, information and services that are incorporated and offered from the portal.
Except in cases where the Law expressly requires otherwise, and exclusively to the extent and to the extent that it is imposed, the Portal does not guarantee or assume any responsibility whatsoever for any possible damages caused by the use and utilization of the information, data and services of the Portal.
In any case, the Portal excludes any responsibility for damages that may be due to the information and/or services provided or supplied by third parties other than Aquon. All responsibility shall be that of the third-party supplier or collaborator.
INTELLECTUAL AND INDUSTRIAL PROPERTY
*All content, brands, logos, drawings, documentation, computer programs or any other element susceptible to protection by intellectual or industrial property legislation, which are accessible on the portal correspond exclusively to Aquon or its legitimate owners and all rights over them are expressly reserved. The creation of hypertext links to any element of the Portal’s web pages is expressly prohibited without Aquon’s authorization, provided that they are not to a web page of the Portal that does not require identification or authentication for access, or is restricted.
In any case, the Portal reserves all rights over the contents, information, data and services it holds over them. The portal does not grant any license or authorization of use to the user regarding its contents, data or services, other than that expressly detailed in these general conditions of use of the portal
* Any claims that may be made by Customers in relation to possible breaches of intellectual or industrial property rights in any of the Services of this Website should be addressed to the following e-mail address: firstname.lastname@example.org
EXCLUSION OF GUARANTEES AND LIABILITY
Regardless of the provisions of the General Conditions of Contracting relating to the contracting of goods included in this website, AQUON shall not be responsible, under any circumstances, for any damage that may be caused, such as: errors in the contents, faults in the portal or transmission of malicious programs and viruses, despite adopting all the technical means to avoid them.
AQUON reserves the right to interrupt access to the website, as well as the provision of any or all of the Services provided through it at any time and without prior notice, whether for technical, security, control or maintenance reasons, or due to power supply failure or any other justified cause.
AQUON shall not be responsible for any interruptions of the Services, delays, errors, malfunctioning of the same and, in general, other inconveniences that have their origin in causes that are beyond the control of AQUON, and/or due to a fraudulent or culpable action of the Client and/or have their origin in fortuitous cases or force majeure. Without prejudice to the provisions of article 1105 of the Civil Code, the concept of Force Majeure shall also include, for the purposes of these General Conditions, all events occurring outside the control of AQUON, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of Public Authorities, those others produced as a consequence of natural phenomena, blackouts, etc. and attacks by hackers or third parties specialized in the security or integrity of the computer system, provided that AQUON has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, AQUON will not assume any responsibility for direct or indirect damage, consequential damage and/or loss of profit.
AQUON excludes any responsibility for damages of any nature that may be due to the lack of veracity, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the website, as well as for the Services provided or offered by third parties or entities. As far as possible, AQUON shall try to update and rectify any information hosted in its website that does not meet the minimum guarantees of truthfulness. However, it will be exonerated from responsibility for not updating or rectifying it, as well as for the contents and information provided in it. In this sense, AQUON is not obliged to control and does not control the contents transmitted, disseminated or made available to third parties by the Clients or collaborators, except in cases where this is required by current legislation or when required by a competent Judicial or Administrative Authority.
Similarly, AQUON excludes any responsibility for damages of any kind that may be due to the presence of viruses or other harmful elements in the contents that may cause alterations in the computer systems as well as in the documents or systems stored in them.
AQUON shall not be responsible for the use made by the Client of the Services of the Website or its passwords, or any other material of the same, infringing the intellectual or industrial property rights or any other rights of third parties.
The Client undertakes to indemnify AQUON against any damage, loss, penalty, expense (including, without limitation, lawyers’ fees) or civil, administrative or other liability that AQUON may suffer as a result of its failure to comply with or partially comply with the provisions of these General Conditions or the applicable legislation, and in particular in relation to its obligations concerning the protection of personal data contained in these conditions or established in the LOPD and development regulations.
LINKS TO OTHER WEBSITES
AQUON does not guarantee or assume any kind of responsibility for the damages suffered by the access to the Services of third parties through connections, links or links of the linked sites or about the accuracy or reliability of the same. The function of the links that appear in AQUON is exclusively to inform the Client about the existence of other sources of information on the Internet, where he may extend the Services offered by the Portal. AQUON will in no case be responsible for the results obtained through these links or for the consequences of the access by the Clients to these links. These Services are provided by third parties, and therefore AQUON cannot and does not control the legality of the Services or their quality. Consequently, the Client must be extremely careful in the assessment and use of the information and services existing in the contents of third parties.
APPLICABLE LEGISLATION, COMPETENT JURISDICTION AND NOTIFICATIONS
These conditions are governed and interpreted in accordance with the laws of Spain. The courts of the city of Alicante will be competent for any claim. All notifications, summonses, requests and other communications that the User wishes to make to Aquon, the owner of the Portal, must be made in writing and will be understood to have been correctly made when they have been received at the following address: email@example.com
The prices indicated on the products are informative and could be modified according to market fluctuation, although the price and general conditions of sale would apply, in accordance with the price offered at the time of purchase. The sale is made at the end of the order and from that moment on the conditions and prices have a contractual nature and cannot be modified without the agreement of the two contracting parties.
Spanish will be the language used to formalize the contracts. The electronic document generated when the contract is made will be archived and the client will be able to access it from the client area.
One of the safest payment methods on the internet is payment via PayPal. You can use the payment via PayPal and thus do not need to share financial data with AQUON.
We accept payments by Visa and Master Card.
When using the PayPal system, if you already have an account, you only need to enter your email and password.
With the payment order, the Customer authorizes PayPal to obtain the amount to be paid from the buyer’s account to transfer the payment to the seller.
You can also choose to make a bank transfer to Laboratorios Aquon Internacional S.L.’s account by sending an e-mail to firstname.lastname@example.org and we will provide you with the account number.
You can send an e-mail or an image of the copy of the transfer and the product will be sent.
After filling in the order form, the customer will receive an e-mail informing him/her of the receipt of the order. Once the product has been paid for, you will receive a new e-mail notifying you of the receipt of payment and finally another e-mail will be sent to notify you of the departure of the product to its recipient. From the reception of the last email, the delivery time will start to count, which will normally be between 24 and 48 hours (except for deliveries to the Balearic Islands, Ceuta, Melilla and the Canary Islands, where no order can be sent, unless the customer is willing to pay the shipping costs). When the destination is a rural town, we cannot guarantee delivery in these time intervals.
The customer has 48 hours to check that the goods have arrived in good condition and that the shipment is correct, in accordance with their order. After 48 hours, «accepted delivery» will be understood as «accepted shipment» and no claims for breakage or failure will be accepted.
The order will be considered as delivered when the delivery receipt is signed. In the event of breakages or major damage, you must contact us within the first 24 hours so that we can make an incident claim to the carrier. It is necessary to reflect the incident on the transport company’s delivery note: TIPSA or Correos Express.
In accordance with current legislation, the return of a product, for whatever reason, is possible within 14 calendar days of receipt of the product by the customer. It is necessary to comply with the conditions described on this conditions page. You will have to fill in a withdrawal form and send it by e-mail to email@example.com
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
There are a number of exceptions to the right of withdrawal which are set out in Article 103 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws:
* Service that has been completely executed or whose execution has already begun provided that the consumer has previously given his or her consent and has acknowledged being aware of the production of the service.
* Goods or services whose price depends on fluctuations in the financial market that the entrepreneur cannot control and which may occur during the withdrawal period.
* Goods or services which are personalized.
* Goods or services that can deteriorate or expire quickly.
* Sealed goods that have been unsealed.
* Goods that by their nature can be mixed with others in an indissociable way without distinction.
* Alcoholic beverages whose price has been agreed upon at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose real value depends on market fluctuations that the entrepreneur cannot control.
* Where the consumer has requested urgent repair or maintenance, if the entrepreneur provides services in addition to those specifically requested by the consumer or supplies goods other than replacement parts necessarily used in performing the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
* Daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
* Contracts concluded by means of public auctions.
* Accommodation services for purposes other than housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
* Digital content not provided on a physical medium where performance has begun with the consumer’s prior express consent.
GROUNDS FOR RETURN
In the event of a shipping error by the seller, the Customer may return the product in its original unopened box, without labels or markings. Otherwise, AQUON will not accept the return.
You must fill in the return form and send it by e-mail so that we can indicate the steps to be followed for the return of the product. From the moment we receive the form, you will have 14 days to send us the goods.
You can choose the transport company you prefer, and you will be responsible for the transport costs.
Once we receive the goods and have checked that they are in good condition, we will process the return of the amount.
If you do not want to continue with the purchase process, please fill in the form:
Addressed to (Name of our company, complete postal address, and e-mail)
By means of this letter, we inform you that we are withdrawing from our contract of sale of the products of the order no. ………. received with date:
……….. from …… from 20…
(Fill in your details)
Name …………………. with address at ……………………. Email ……………………
PRIVACY AND SALES POLICY
According to the Organic Law on the Protection of Personal Data (LO 15/1999 of 13 December), personal data is understood as «any information concerning identified or identifiable natural persons».
In this respect, AQUON will only request the minimum data necessary to correctly process the purchases made by the user: name, delivery address, telephone number and e-mail.
In compliance with the regulations in force, AQUON has adopted the necessary technical and organizational measures to maintain the level of security required by the personal data processed.
DATA PROTECTION CLAUSES
The user, in the case of a natural person, is informed that the personal data provided during the registration process are incorporated into the corresponding file of AQUON.
The user expressly authorizes AQUON to process his data in the processing of purchases and sending of orders; as well as for commercial communications, which would only be carried out by AQUON by e-mail or other equivalent electronic communication means.
AQUON DOES NOT give the data of its users to third parties. It will only provide the courier company with the delivery address and the recipient of the shipment.
The user is informed of his right to oppose, access, rectify and cancel his personal data under the terms of the Law. He may exercise these rights in writing by sending a letter accompanied by a copy of his Identity Card to the AQUON Customer Service Department, Calle Rafael Escolano, 24, 03008 – Alicante, or by sending an email to the same email address with which he registered. In this respect, the person responsible for the file is AQUON, whose address for this purpose is the above mentioned address.