TERMS AND CONDITIONS
The General Conditions of Sale detailed below (hereinafter referred to as the "General Conditions"), govern, to the exclusion of all other terms, the contractual relations between any non-professional buyer of the www.aubarede7.com website (hereinafter referred to as the "buyer" or "You") and the merchant, Aubarede 7, Sociedad Limitada, a company whose registered office is situated at Calle de Velázquez 10, 1ª planta 28001 Madrid, registered in the Madrid Mercantile Register in volume 41320, sheet 210, page number M-732386, with VAT registration No. B02963387 (hereinafter referred to as "Aubarede 7").
These General Conditions shall be the sole applicable conditions and supersede all other conditions, save as otherwise exceptionally provided in advance, expressly and in writing. Aubarede 7 may need to amend certain provisions of its General Conditions without notice and, accordingly, these conditions must be re-read before any order is placed on the www.aubarede7.com website (hereinafter referred to as the "website").
The General Conditions are accessible at any time on the Website and prevail, if applicable, over any other version or any other contradictory document. Such amendments shall be binding upon their being put online and shall not apply to contracts concluded previously. Each purchase from the Website is governed by the General Conditions applicable at the date of the order. The buyer acknowledges having read these General Conditions and accepted them by completing an online order. By doing so, you undertake to abide by these General Conditions and by the Conditions of Use herein.
ORDERS
The buyer can order online, via the online shop and order form provided therein.
The ordering process consists of several steps. Once You have chosen your Products (size, colour and quantity) and submitted your order, You must:
- identify yourself by filling in the order form offered by the website, including the contact information;
- verify the information above or edit it and choose your preferred shipping method and click on “Remember me” if a faster checkout is preferred for the next transaction;
- select your preferred payment method.
Once you have chosen your payment method, by continuing, you agree to Aubarede 7’s Privacy Policy and Terms of Service. You must make the payment for your order, thereby concluding the sale contract binding you to Aubarede 7.
Any order constitutes acceptance of the prices and descriptions of the products available for purchase. Any objection in this respect shall be made in the context of a possible exchange and the guarantees mentioned below.
In certain cases, in particular failure to pay, an error in the address provided or another problem with the buyer’s account, Aubarede 7 reserves the right to block the buyer’s order until the problem is resolved.
If a product ordered is not available, the buyer shall be informed by email.
The order will therefore be cancelled and, if applicable, reimbursed. The rest of the order shall remain firm and definitive.
For any question regarding the order tracking, the buyer can refer to the order tracking number received in the order confirmation email, or send an email to hello@aubarede7.com
PRODUCTS
The products governed by these general terms and conditions are those featured on the website and which are marked as being sold and dispatched by Aubarede 7. They are available while stocks last.
Aubarede 7 products are described and presented with as much accuracy as possible. Nonetheless, Aubarede 7 cannot be held liable if such descriptions are characterised by errors or omissions.
Product photographs are not contractual.
PRICES
Aubarede 7 reserves the right to modify its prices at any time, but undertakes to apply the price indicated when orders are placed, subject to availability on this date.
The prices are given in euros. They do not include delivery costs, which are charged separately and indicated before validation of the order. The prices take into account VAT applicable on the order date and any change in the applicable vat rate will be automatically reflected in the price of the products in the online store. The price must be paid in full when ordering. The amounts paid cannot, under any circumstances, be considered as a deposit or advance payment.
PAYMENT AND ELECTRONIC SIGNATURE
The price is payable in full, on the day the order is placed by the buyer.
The following payment methods are accepted by Aubarede 7:
- Payment by bank card (Visa, Maestro, MasterCard or American Express)
- Payment by PayPal
- In addition, the possibility of Express Checkout is provided in the first step. Payment methods include Google Pay and PayPal.
Aubarede 7 reserves the right to suspend the processing or delivery of any order if a payment by credit card is declined by the officially accredited organisations or in the event of non-payment. In particular, Aubarede 7 reserves the right to refuse to make a delivery or fulfil an order placed by a buyer who has not partially or fully paid for a previous order or with whom a dispute concerning payment in ongoing.
The provision online of the buyer’s credit card number and final validation of an order shall constitute proof of the buyer’s consent and constitute:
- liability for payment of the amounts due with respect to the order form,
- signature and express consent to all operations carried out.
In case of fraudulent use of their credit card, the buyer is invited, as soon as such use is observed, to send an email to hello@aubarede7.com
The bank's authorisation server is secured by S.S.L (Secure Socket Layer) encryption to provide optimum protection for all means-of-payment data.
PROOF OF TRANSACTION
Computerised records, stored on Aubarede 7’s computer systems under reasonable security conditions, shall be considered proof of communication, orders and payments made between the parties. Order forms and invoices are archived on a reliable and sustainable medium which can be produced as proof.
DELIVERY
All our orders for shipment within the European Union are inclusive of VAT charged at the rate of Value Added Tax applicable on Spanish territory.
Taxes are not included for all shipments outside the European Union, including shipments to Switzerland and Norway. You are responsible for payment of all taxes on receipt of the parcel in accordance with the laws applicable in the destination country. Purchases to Canarias, Ceuta and Melilla cannot be formalized.
Due to sustainability reasons, we have a limited stock, so most pieces are made to order, please allow 21 working days for delivery.
Delivery is only made after payment is confirmed by Aubarede 7’s bank.
Your order will be delivered to the address supplied when the order is placed, by a delivery company depending on the region. You must ensure that someone is present to accept delivery.
All prices on the website of the vendor are quoted including the respective value added tax (VAT). Shipping costs are not included. Possible shipping costs payable by the client are clearly indicated on the product pages, in the shopping bag and on the checkout pages.
Any parcel returned to Aubarede 7 due to an incorrect or incomplete delivery address will be redispatched at the buyer’s expense.
RETURNS
On receipt of his/her order, the buyer shall check the compliance of the Products received in performance of that order. Any anomaly affecting the delivery (namely: missing or damaged Products, damaged parcels) must first, without fail, be noted on the delivery slip in the form of handwritten, signed reservations to the carrier.
Following this, any anomaly must be reported as soon as possible after receipt of the products to Aubarede 7:
- By letter via ordinary post to Aubarede 7, Calle de Velázquez 53, 2º Izquierda, 28001 Madrid, Spain.
- By e-mail at hello@aubarede7.com
In the case of a delivery error, the buyer shall make any claim regarding an error and/or the non-compliance of the nature or quality of products in relation to the indications on the order form, to Aubarede 7 within three working days after delivery. Any claim made after this deadline will be rejected.
The claim can be made by the buyer by email, to hello@aubarede7.com
Any claim not made in accordance with the regulations defined above and within the given deadlines cannot be taken into account and will release Aubarede 7 from any liability vis-à-vis the buyer.
In the case of a delivery error or exchange, any product to exchange or be reimbursed shall be returned to Aubarede 7 in full and in its original packaging to the following address: Aubarede 7, Calle de Velázquez 53, 2º Izquierda, 28001 Madrid, Spain.
Unfortunately, we are unable to offer exchange on earrings for reasons of hygiene and safety.
Please do contact us if you would like any information about a particular piece or further images.
Sale items are not eligible for refund or exchange, unless the item in question is faulty.
If the product is faulty, You must inform us by email to hello@aubarede7.com including all details of the order and defect or other reason for return.
The product must be returned to us as soon as any defect is discovered.
So far as possible, the product should be return with both product and all packaging as far as possible in their original condition; securely wrapped; including our delivery slip; marked as ‘Return’ (external packaging); at your risk and cost.
In the event of abnormal or unreasonable returns Aubarede 7 may refuse to honour any future order.
WITHDRAWAL
In accordance with the applicable legal provisions, the buyer has a period of fourteen (14) days from the date of receipt to exercise his/her right to withdraw from the contract with Aubarede 7, without having to provide any explanation or pay any penalty, provided that the product(s) is (are) returned in its (their) original condition, neither worn nor washed, within fourteen (14) days of communication of the decision to withdraw.
Damaged, soiled or incomplete Products will not be accepted.
The Product(s) must be returned in its (their) original inner and outer packaging, to the following address: Aubarede 7, Calle de Velázquez 53, 2º Izquierda, 28001 Madrid, Spain
The right of withdrawal may be exercised by contacting Aubarede 7: hello@aubarede7.com
The parcel return costs shall be borne by the buyer. If the above-mentioned conditions are fulfilled, Aubarede 7 shall provide the buyer with a refund in the amount of his/her order (excluding the shipping fees) on the date Aubarede 7 receives the products.
EXCHANGES
Exchanges will only be accepted for a different size or color of the same model.
The buyer has a period of fourteen (14) days from the date of receipt of the original order to request an exchange by writing to us by email at hello@aubarede7.com
The buyer must return the Product(s) to be exchanged, in its/their original condition, within fourteen (14) days of the exchange request made via the website.
The Product(s) must be returned in its/their original inner and outer packaging, to the following address: Aubarece 7, Calle de Velázquez 10, 1ª planta, 28001 Madrid, Spain.
The parcel return costs shall be borne by the buyer. Following internal validation of the return request and if the above-mentioned conditions are fulfilled, Aubarede 7 shall enter a new order for the product(s) to be exchanged and ship it/them to the delivery address appearing on your original order, subject to stock availability.
The shipping fees shall be borne by the buyer.
If the product(s) is/are no longer available, Aubarede 7 shall refund the buyer the amount of the initial order, excluding shipping fees, the day the returned product(s) is/are received.
If the above-mentioned conditions are not met, and in particular if the product(s) is/are not in a saleable condition, Aubarede 7 will not make the refund and the product(s) at issue will be returned to the buyer at the delivery address appearing on your original order.
If, after the exchange, you are still not satisfied with the exchanged product(s), Aubarede 7 will reimburse the buyer the amount of the initial order, the day the returned product(s) are received, provided that the product(s) is/are in a saleable condition.
WARRANTY
The products sold are covered by a commercial guarantee intended to guarantee their conformity and ensure the reimbursement of the purchase price, the replacement or repair of the products, in compliance with EU law.
It does not cover occasional defects caused by abnormal or incorrect use or resulting from a cause independent from the intrinsic qualities of the products.
TRANSFER OF RISK
If the client is consumer, risk of accidental destruction, accidental damage or accidental loss of the ordered goods shall be carried by the client once the product is delivered to the client or the client defaults acceptance of delivery.
If the client is a business, the above mentioned risks are carried by the client once the order has been dispatched by the carrier.
PRIVACY POLICIES
This privacy policy aims to give you information on how we collect and process your personal data.
It is important that you read this privacy policy together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data.
Scope
This privacy policy describes our collection, use, disclosure, retention and protection of your personal data. It applies to any www.aubarede7.com web or mobile view where this privacy policy appears.
By navigating to a www.aubarede7.com website or mobile view, by transacting and by registering an account, you are agreeing to the terms of this privacy policy.
Aubarede 7 is the data controller of your personal data and is responsible for the collection, use, disclosure, retention and protection of your personal information in accordance with the general data protection regulation.
Collection and cookies
We collect, process and retain personal information from you and any devices you may use when you navigate to a www.aubarede7.com web or mobile view, by transacting, by registering an account and otherwise interacting with us.
The personal information we collect includes the following:
- Content that you generate when interacting with our customer services team including details we require to contact you and verify your identity
- Device identifiers such as ip addresses, cookie ids, idfas and other device identifiers, as well as geo location information, iot technologies and connection information such as statistics on your page views, traffic to and from the sites, referral url, ad data, your browsing history, hashed email addresses, and your web log information.
Use
We use the personal information we collect to: provide and improve our services, provide you with a personalised experience on our sites, contact you about your account, provide you customer service, provide you with personalized advertising and marketing, and detect, prevent, mitigate and investigate fraudulent or illegal activities.
We process personal data for purchases, payments, customer support and fulfilment to enable us to perform our contract with you where your contact details and transactional information are processed.
By law, we are not allowed to store personal data for longer than is necessary to achieve the purpose for which we collected it. The retention period can therefore be different according to the processing activity. For marketing purposes for which you have provided us with consent, your contact information will be kept by us for as long as you do not withdraw your consent.
Moreover, your bank details are never in our possession. Transactions are processed in full by Shopify’s secure payment module.
Your rights
The general data protection regulation provides for rights of access, modification and deletion of your personal information.
You can submit your service rights requests to gdpr@aubarede7.com:
- the right of access : your right to obtain confirmation as to whether or not personal data are being processed, and, where that is the case, access to the personal data along with details regarding the nature of processing.
- the right of rectification : your right to obtain the rectification of inaccurate personal data.
- the right of portability : your right to receive the personal data concerning provided to us, in a structured, commonly used and machine-readable format.
- the right to be forgotten : your right to erase your personal data.
- the right to restrict processing : your right for your data to be effectively ‘frozen’; stored and not further processed.
- the right to object : your right to object to how your personal data is processed including your right to object to our profiling of you as outlined in this privacy policy.
Managing preferences
If you do not wish to receive marketing communications from us, you can unsubscribe from the link in the email you received, or send an email to gdpr@aubarede7.com
Disclosure and security
We never disclose your personal information to third parties for marketing purposes.
We protect your information using measures that reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. We minimise the amount of personal information we disclose to what is directly relevant and necessary to accomplish the specified purpose.
In so doing we may disclose your personal information to authorised third party service providers who help us to provide our services such as:
- Payment providers to facilitate purchases
- Fulfilment providers to facilitate order management, packaging and delivery
- Marketing and advertising providers in order to personalise your experience
Questions
If you have a question about this privacy policy, please contact: gdpr@aubarede7.com
You have the right to make a complaint at any time to the data protection supervisory authority.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
INTELLECTUAL PROPERTY
The entire content of the Aubarede 7 website (illustrations, texts, wordings, trademarks, images and videos) is the property of Aubarede 7. Any reproduction of all or part of the content by any process and on any medium whatsoever requires the prior and express permission of Aubarede 7. Aubarede 7 is not authorised to give You permission to copy, display or distribute any content for which You do not possess the intellectual-property rights. Any use of such content in breach of the rights held in it by third parties constitutes an infringement offence, incurring severe penalties under the Spanish Intellectual Property Law. Under no circumstances will Aubarede 7 be held liable for a User's infringement of rights held by third parties where such infringement is committed by virtue of such User's activity on the Website.
FORCE MAJEURE
Any circumstances beyond the parties’ control hindering the performance, under normal conditions, of their obligations, are considered as causes of exemption from the obligations and result in the suspension thereof.
The party which invokes the circumstance referred to above must immediately warn the other party thereof, as well as of the end thereof.
Force Majeure events shall include all elements or circumstances which are unavoidable, not caused by and outside the control of the parties, unpredictable, inevitable, and which cannot be prevented by the parties, despite all reasonable efforts. Other than those events generally confirmed by the case law of Spanish courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: the blockage of means of transport or supply, earthquakes, fires, storms, flooding, lightning, the breakdown of telecommunication networks or difficulties specific to the telecommunications networks external to the customers.
The parties shall come together to assess the impact of the event and agree on the conditions pursuant to which the contract will continue to be performed. If the force majeure event continues for more than three months, these general terms and conditions can be terminated by the injured party.
PARTIAL NON-VALIDATION
If one or more provisions of these general terms and conditions are deemed invalid or declared invalid in accordance with a law, regulation or following a definitive judgement of a competent court, the remaining provisions shall remain effective and binding.
NON-WAIVER
The fact that one of the parties does not invoke a breach by the other party of any specific obligation set forth in these terms and conditions cannot be interpreted as a waiver of the obligation in question in the future.
GOVERNING LAW
These general terms and conditions shall be governed by Spanish law, with the exception of the provisions of the Vienna convention. The same is true for the substantive and procedural rules. In the case of a dispute or claim, the buyer shall contact Aubarede 7, as a priority, in order to seek an amicable solution. Otherwise, the buyer may initiate proceedings before the court of its choice within the city of Madrid (Spain).
Legal Information
Contact:
Aubarede 7
Calle de Velázquez 10, 1ª planta
28001 Madrid (Spain)