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General Terms and Conditions
1 – DEFINITIONS
Entrepreneur: natural or legal person who contracts the products offered for a purpose related to his or her commercial activity, business, trade or profession; User: natural person who contracts the products for a purpose unrelated to his or her commercial activity, business, trade or profession; CGC: General Terms and Conditions of Contract; Contracting party: User or Entrepreneur who contracts the products offered.
2 – IDENTIFICATION OF THE PARTIES
On the one hand, “AMATILE S.L.”, hereinafter Amatile, whose other identification data appear in the Legal Notice and owner of the domain www.amatile.com hereinafter Website, and on the other hand; the User who contracts the products offered through the Website.
3 – SCOPE OF APPLICATION, ACCEPTANCE AND MODIFICATION
These general terms and conditions of contract, hereinafter referred to as the GTC, govern the contracts between Amatile and the User. The User declares that he/she has legal capacity* to contract and accepts full and unreserved adherence to the General Terms and Conditions of Contract, hereinafter referred to as the GTC, in the version published at the time of contracting.
*LEGAL LIMITATIONS: It is understood that the User is not a minor under 18 years of age. Minors are technically restricted from registering on this website and therefore will not be able to make purchases or reservations, in compliance with legal regulations. Data sent by minors will not be processed, as this is prevented by law.
4. OBLIGATIONS OF THE PARTIES
4.1. Amatile’s obligations:
– Provide the services in accordance with the GCC and without failing in contractual good faith.
– Make available to the User the GTC and the specific conditions where applicable.
– Send the User proof or invoice of the contracted products.
4.2 – Obligations of the User:
– To carry out full compliance with the provisions of the GTC.
– Complete the registration forms with truthful and current information.
– The User will be solely responsible for the veracity and updating of the information.
– Maintain the confidentiality of the information provided and immediately notify the loss, loss, theft, theft, illegitimate access, as well as its knowledge by third parties.
– Act diligently, complying at all times with the canons of good practice and contractual good faith throughout the contractual relationship.
5 – AVAILABILITY OF PRODUCTS.
In the event of a specific unavailability of a product, the User will be informed by email of this and the new indicative delivery time. In the event that the product is finally unavailable, once you have been informed of this by email, you may receive a product with similar characteristics or cancel the order.
6 – PRICES
Published prices include VAT and equivalent taxes. The User will be able to know the amount of such costs at the time of contracting the product.
7 – PAYMENT METHODS
The payment methods allowed are as follows:
– Credit Card (Mastercard and Visa)
– Bank transfer or account deposit (If you choose this option you must send proof of payment by email)
8 – SHIPPING POLICY
– Shipping areas: PENINSULA, BALEARIC ISLANDS AND CANARY ISLANDS
– Shipping costs: The amount of shipping costs is calculated proportionally according to the order placed, they will be reflected and broken down at the time of contracting.
– Delivery times: Delivery times range from 14 to 21 days.
Delivery times are indicative and will be reflected at the time of contracting. In any case, Amatile will deliver the products to the User within a maximum period of 30 calendar days from the conclusion of the contract. Once the contract has been made, the User will receive a purchase confirmation email plus a delivery email once the order has been delivered to the carrier. If one of the ordered items is not in stock, we undertake to send you an email as soon as possible (from the date you placed the order) or contact you by any other means, to let you know the timeframe in which we can send you your product(s). In the event that you are not interested in waiting, you may request a refund of the amounts you have paid for said item(s), which will be returned by bank transfer within a maximum period of 14 days.
9 – SPECIFIC PROVISIONS FOR THE USER
9.1 – Procedure, Cancellation and Withdrawal Rights
9.1.1 – Procedure
To exercise the rights of cancellation, withdrawal and use of the warranty, the User must contact Amatile on 695 387 903 or hola@amatile.com
9.1.2 – Right of Cancellation
The User may cancel their order free of charge provided that it is communicated before the order has been made available to the carrier.
9.1.3 – Right of Withdrawal
The User will have a period of 14 calendar days from the time they acquire possession of the property to withdraw from the contract without the need for any justification and without any penalty. The right of withdrawal will be applicable as long as the contracted products are returned in the same conditions (together with their complete original packaging, labels and together with any accessories related to them), and the purchase invoice is attached. In any case, Amatile will determine whether these requirements are met. If this right is granted, the User will assume the cost of returning the products, if it is not granted; Products will be shipped freight collected. The right of withdrawal does not apply to contracts that refer to the supply of goods made in accordance with the User’s specifications or clearly personalised.
9.1.4 – Transfer of risk and ownership
The User acquires ownership of the products at the time of full payment of all amounts, including shipping costs. The risk of loss or deterioration shall be transferred to the User when the User or a third party indicated by him, other than the carrier, has acquired his physical possession. In the event that it is the User who orders the transport or the chosen carrier is not among those proposed by Amatile, the risk will be transferred to the User with the delivery of the goods to the carrier.
10 – SPECIFIC PROVISIONS FOR THE EMPLOYER
10.1 – Billing and Delivery
Amatile will deliver the invoice by email to the Entrepreneur within 30 days from the date of delivery. The Entrepreneur will be obliged to document, in the same act, the delivery and receipt operation with express mention of its date.
10.1.2 – Cancellation
The Entrepreneurhas a period of 48 hours to inform Amatile, via email, of the cancellation of the contract. In the event of failure to notify within 48 hours, Amatile will assess the possibility of reimbursement or setting another date as it deems appropriate.
10.1.3 – Transfer of Risk and Ownership
The Entrepreneur acquires ownership of the products upon full payment of all amounts, including shipping costs. The risk of loss or deterioration passes on to the Entrepreneur upon delivery of the goods to the carrier. That is why we recommend that the Entrepreneur check the goods, as well as verify their number and condition before signing the delivery note to the transport agency. In case of doubt about the good condition of the goods, it will be stated on the delivery note and Amatile will be contacted for this purpose within a maximum period of 48 hours.
11 – NOTIFICATIONS
Amatile designates as its address for notification purposes the one stipulated in the Legal Notice. The email address provided by the User during the registration process will be the one used by Amatile for the purpose of making notifications. All notifications made in accordance with the above procedure shall be deemed to have been validly made.
12 – COMPETENT JURISDICTION
In the event of a dispute between the parties, territorial jurisdiction shall correspond, at the choice of the User, to the domicile of the latter or the defendant.