This document sets out the General Conditions of Purchase (hereinafter referred to as the "General Conditions").General Conditionsfor the purchase of products offered in the online shop of the website, www.acquagraph.com, whatever the application, digital media, support or device through which it can be accessed.
These Terms and Conditions of Purchase between the parties, i.e. between the Customer (hereinafter referred to as the "Customer”) and GLOBAL Biograph S.L. regulate the contract (hereinafter referred to as the "Contract") between both parties once an order has been placed through our website (hereinafter, the "Order”).
This website is governed by these Terms and Conditions of Use, as well as, by our Privacy Policy y Política de Cookies. The use of this website or the placing of an Order through this website implies the acceptance of these Terms and Conditions of Purchase, as well as, of our Privacy Policy and Cookies Policy obliging itself to:
- Use this website only for legally valid enquiries or orders.
- Do not place any false or fraudulent orders. If we reasonably believe that such an order has been placed, we shall be entitled to cancel it and inform the relevant authorities.
- Provide a truthful and accurate e-mail address, postal address and/or other contact details without which the order cannot be processed.
Our Terms and Conditions of Purchase comply with the current regulations, and we reserve the right to Global Biograph S.L. the right to modify and update these Conditions at any time, although the modifications introduced will not be retroactive and will not affect a previous Order.
The ownership of this website corresponds to Global Biograph S.L.The society is domiciled in El Campello (Alicante), Padre Manjón Street, no. 2, mezzanine, with CIF no. B02783769, and registered in the Mercantile Registry of Alicante, Volume 4342, Sheet 181, Page A-172548.
Global Biograph S.L. via the website www.acquagraph.com is dedicated to the Online sales and marketing of cosmetic products.
For the purposes of these Terms and Conditions, the contact telephone number is 965 108 102 and the mail contact is info@acquagraph.com
All intellectual and industrial property rights, including but not limited to: images, trademarks, graphic designs, texts, photographs, source code, design, navigation structure, and any other content appearing on the www.acquagraph.com website are the exclusive property of Global Biograph S.L. Hence, they are subject to intellectual and industrial property rights protected by Spanish and international legislation.
No intellectual or industrial property rights over the products offered in the Online Store, over the website, or over any of its constituent elements are transferred by means of these Conditions. Therefore, the user is expressly forbidden to reproduce, transform, distribute, publicly communicate, make available, extract, reuse, resend or use of any nature, by any means or procedure, any of them, except in those cases where it is legally permitted or expressly authorized in writing by Global Biograph S.L. and/or the holder of the corresponding rights.
The user is only authorized to view and obtain a temporary private copy of the contents for his exclusive personal and private use in his computer systems (software and hardware) without being able to be subsequently transferred to third parties and provided that such right is exercised according to the principles of good faith, maintaining unaltered the intellectual and industrial property of the holder of such rights.
The responsibility derived from the use of materials protected by the intellectual and industrial property rights contained in this website will correspond exclusively to the user.
The contract may be formalized, at the Customer's choice, in any of the languages in which the Conditions are available on this website.
The contract period includes all stages of the purchase process that begins with the initial order request and ends with the actual delivery of the purchased product, by Global Biograph S.L. and full payment of the purchase price by the Customer.
The products offered via this website are intended only for natural persons who, in accordance with the applicable legislation, have sufficient legal capacity to accept these Terms and Conditions.
In order to purchase the products offered on our website, the Customer must: (i) be at least 18 years of age; (ii) be a national or resident of a member state of the European Union; (iii) being a consumer or end customer, understood as that person who acquires them solely for their final use and for purposes unrelated to their commercial activity, business, trade or industrial profession; and (iv) have a valid credit card (VISA, MasterCard and American Express) and/or a paypal account; and (v) provide the personal data requested at the time of placing the order.
The offered products on our website are available for shipping throughout the European Union.
6.1. The information is available on our website with detailed product descriptions and images.
The products described on our website and the samples of the same that, if applicable, we provide in each Order at your choice, are exclusively for personal use. Customer may not sell or resell such products or samples. If the purchase parameters applicable to the Order are not met, we may cancel or reduce the quantity of products or samples to be delivered to the Customer.
All orders are subject to the availability of the products in stock, so that, if once the order has been placed, there are difficulties in the supply of the products, Global Biograph S.L. will immediately inform the user by e-mail of such circumstance.
6.2. The products offered in the Online store, along with their features, utilities, images and price will appear on the screen.
The prices indicated on the website will appear in Euros and will be sales prices and will therefore include the corresponding VAT, but not the shipping costs, which will be added to the total amount due at the end of the purchase, as indicated in the "Shipping Costs" section of these Conditions.
The prices shown on our website could be modified at any time. However, the products ordered will be invoiced according to the current rates indicated when confirming the Order.
In case of special promotion, it will be applied automatically at the end of your Order or through a promotional code, as indicated in each case.
To purchase products from the Online Store, the Customer must follow the following steps:
- Identification and registration
Customers must identify themselves, and register by filling in the corresponding registration form where they will have to complete the requested fields in order to create a user account.
The Customer name and password provided to Global Biograph S.L. for access to the Online Store are personal, non-transferable and modifiable.
In the event that the Customer is already registered, they will only have to log in with their Customer name and password to continue with the purchase process.
The Customer shall be solely responsible for the validity and accuracy of the information provided.
- PRODUCT SELECTION
The Customer must locate and select the desired product(s) within the appropriate section.
At any time during the process, the Customer can purchase the products included on their shopping cart by clicking on the shopping cart icon and selecting the option "Complete your order". Also, when adding a new product to the shopping cart, the aforementioned option will appear automatically.
The Customer shall be solely responsible for the products selected and for their suitability for his needs, consequently Global Biograph S.L. assumes no liability in this regard.
- SHOPPING CART REVIEW
Once the product(s) to be purchased have been added to the basket, a summary will appear on the screen with the products, quantity, unit price including taxes and shipping costs if applicable, with the total amount of the purchase, being able to make the appropriate modifications to the content of the order.
In the event that the Customer has a promotional code, they may enter it in the section provided for this purpose prior to validating the order.
- VALIDATION AND ACCEPTANCE OF THE ORDER
Once all the necessary information has been filled in for the order to be placed, the Customer must validate it by accepting these Conditions, to which end they declare to have obtained all the pre-contractual information legally required for the purchase of products in the Online Store of Global Biograph S.L.
- CONFIRMATION BY Global Biograph S.L.
Once the purchase is done, and as soon as possible, Global Biograph S.L. will send an e-mail to the Customer confirming the purchase.
In the case that the Customer does not agree with the information provided in the confirmation, they may request the cancellation of the order through the option "review your order". The cancellation option will be available for a limited time of approximately fifteen (15) minutes after the order is placed. Once this option has been deactivated, the Customer can contact our customer service team via e-mail at atencionalcliente@acquagraph.com
In accordance with applicable law, the Order confirmation email will include a summary of the product(s) purchased with details of the price and method of payment and the delivery address of the Order, as well as the conditions of purchase.
Global Biograph S.L. after the acceptance of these Terms and Conditions of Purchase upon completion of the purchase process, will issue an electronic invoice, which, once the Order is shipped from our warehouses, will be sent to the Customer via the e-mail address provided along with the tracking number of the Order.
The invoice will be issued in the name of the natural person who appears in the billing address when the Order is placed, so the Customer must ensure that the Order is placed with the correct billing address.
The payment of the price of the products purchased through the Online Store and the corresponding shipping costs, if any, can be made through the following payment methods.
- Credit Card: VISA, Mastercard, American Express. The user must provide all the information requested.
- PayPal Account
The purchase process will only be completed when payment has been confirmed by the Customer. It should be noted that payment by credit card initiates the systematic request for debit authorization and that any refusal of such authorization for any reason whatsoever will result in the cancellation of the order.
Global Biograph S.L. has installed an e-commerce payment gateway, so that all data provided by the user and related to the means of payment will be encrypted in order to ensure maximum security of the same.
Global Biograph S.L. will ship the products purchased in the Online Store to the address indicated by the Customer at the time of purchase and/or within the period indicated at the time of order placement and, in any case, within a maximum period of 30 days from the date of order confirmation.
All orders placed through our website will be processed and delivered only on business days (Monday to Friday, excluding national and local holidays). Orders placed on Saturdays and Sundays or national or local holidays will be processed on the next business day.
Likewise, Orders containing a post office box delivery address will not be processed.
All deliveries will be announced by e-mail to the e-mail address provided by the Customer at the time of placing the order.
In the event that an order is not received at the address indicated by the Customer at the time of its formalization, the costs of reshipping the package to the new address will be borne by the Customer, i.e. in case the package is not claimed or when the delivery address indicated in the order is incomplete or invalid, causing the package to be returned to Global Biograph S.L..
Global Biograph S.L. will make its best efforts to meet the established delivery deadlines. Notwithstanding, if for any reason these deadlines cannot be met, the user will be informed immediately, providing them the option to go ahead with the purchase by setting a new delivery date, or cancel the order with a full refund of the price paid through the same means that the payment was made, within fourteen (14) days of cancellation, and this, excluding any compensation for damages.
For the purposes of these Conditions, "delivery" shall be deemed to have occurred at the time the purchased product(s) is placed at the disposal of the buyer, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The purchaser shall immediately upon receipt of the product(s) verify its conformity with the order placed.
Any anomaly or reservation identified by the purchaser at the time of delivery must be reported within four (4) days to Customer Service at the following address atencionalcliente@acquagraph.com
In those cases in which Global Biograph S.L. it is impossible to deliver the order at the address provided by the Customer, they will be notified for a new delivery and/or pick-up at the transport company. In the event that it is impossible for the user to be at the place of delivery at the agreed time, they shall contact Global Biograph S.L. to arrange delivery on another day.
In the event that 14 days after your order is available for delivery, and the order has not been delivered for reasons not attributable to Global Biograph S.L.we will understand that the user wishes to withdraw from the contract and we will consider it terminated.
As a consequence of the termination of the contract, Global Biograph S.L. will reimburse the user for all payments made, with the exception of shipping costs, within fourteen (14) days from the date on which we consider the contract to be terminated.
In the event that the transportation derived from the termination of the contract would have an additional cost, Global Biograph S.L. shall be authorized to pass on the corresponding costs.
11.1. Legal right of withdrawal
In accordance with the provisions of the General Law of Consumers and Users, the buyer has a period of fourteen (14) days from the day of receipt of the order to exercise his legal right of withdrawal without having to plead reasons or pay penalties. When the fourteen-day period ends on a Saturday, Sunday, public holiday or non-business day, it shall be extended to the first following business day.
For reasons of health protection or hygiene, Global Biograph S.L. will not accept neither the return nor the refund of the product(s) when it/they have been unsealed.
In order to exercise such right of withdrawal, the Customer must notify Global Biograph S.L. by e-mail to atencionalcliente@acquagraph.com to which you must attach the "Return Form" duly completed (download here), which must be printed and inserted together with the product(s) to be returned in their original packaging and in the same conditions in which the product(s) was/were delivered to you. The Customer must ensure that the package is well sealed to avoid loss or damage to the product(s) during the return trip to the offices of Global Biograph S.L.. Return costs shall be borne by the Customer.
Exercised withdrawal, Global Biograph S.L. will reimburse all payments received by the Customer, except for the return costs, if any, which shall be borne by the Customer.
The products shall be returned within fourteen (14) days from the date of receipt, in their original packaging and in perfect condition.
In the event that the returned product is not in the aforementioned conditions, it will be returned to the Customer, who will bear the corresponding costs.
The refund of the purchase will be made by Global Biograph S.L.within a maximum period of fourteen (14) calendar days from the date on which the Customer exercises the right of withdrawal. Nonetheless, Global Biograph S.L. may withhold reimbursement until they have received the product initially purchased and checked its condition.
11.2. Exceptions to withdrawal
In accordance with the provisions of the General Law of Consumers and Users, the buyer shall not have the right to withdraw from the contract whose object is to:
- The supply of customized goods
- The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The right to withdraw from the contract shall apply exclusively to those products that are returned under the same conditions in which the Customer received them. No refund will be made if the product has been used or unsealed.
All products sold on our website are covered by the legal or manufacturer's guarantee provided for in the General Law on Consumers and Users, which allows the Customer to replace the non-conforming product(s) free of charge.
The products are deemed to be in conformity with the agreement provided that (i) they conform to the description given and possess the qualities that we have presented on this website, (ii) they are suitable for the uses for which products of the same type are normally intended and (iii) they present the quality and performance that are customary for a product of the same type and are reasonably to be expected. In this regard, if any of the products do not comply with the agreement, the Customer must inform Global Biograph S.L. via e-mail atencionalcliente@acquagraph.com, indicating the incident and our customer service team will provide you with the necessary instructions on how to proceed.
Global Biograph S.L. shall be liable for any non-conformity with the Order received within two (2) years after the delivery thereof, subject to the conditions and limitations set forth in the applicable regulations.
In the event of non-conformity with the product(s) received, the Customer is obliged to inform us within two (2) months of becoming aware of the non-conformity.
Non-conformity due to improper use or handling of the product would not be covered by this warranty.
Global Biograph S.L. will use its best efforts to ensure the uninterrupted availability of its Online Shop, as well as the absence of errors in any transmission of information that may occur. However, due to the nature of the Internet, it is not possible to guarantee this. In addition, access to the Online Store may occasionally be suspended or restricted for the purpose of carrying out repair or maintenance work, or the introduction of new products or services. However, we will endeavour to limit the frequency and duration of such suspensions or restrictions.
Global Biograph S.L. shall not be liable for (i) any losses which are not attributable to any breach by the Customer, nor for (ii) any indirect or consequential losses which were not reasonably foreseeable by either party at the time the Customer commenced using the Global Biograph S.L. website to purchase products
Global Biograph S.L. shall not be liable for any delay or failure to perform our obligations under these Conditions if such delay or failure is attributable to circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable time, or to receive a refund in the event that we are unable to supply such products to you within a reasonable time for any reason beyond our reasonable control.
Global Biograph S.L. reserves the right to immediately withdraw access to the service and the Online Shop to those Customers who contravene the provisions of these Conditions, without the possibility of reimbursement in the event that payment has been made.
The agreement may be terminated for any of the following reasons:
- When access to the website is used for illegitimate purposes, including those listed in these Conditions.
- When the billing details provided by the Customer in the agreement are erroneous or make it impossible to invoice and/or charge for the product.
- In case of fraudulent use of the product or contrary to contractual good faith.
Applicable regulations require that some of the information and/or communications sent to Customers be in writing. The user of this website accepts that the majority of communications with Global Biograph S.L. are electronic.
Global Biograph S.L. will contact Customers by e-mail. The Customer consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications sent by agreement will be sent by e-mail. Global Biograph S.L. electronic form comply with the legal requirement to be in writing.
Customers should send communications and/or notifications to Global Biograph S.L. preferably through the various means of contact indicated.
Notifications shall be deemed to have been received and properly made 24 hours after sending an e-mail, it being sufficient to prove that the notification has been sent to the e-mail address specified by the Customer at the time of registering on the website.
The lack of a requirement by Global Biograph S.L. of the strict performance of any of the obligations undertaken by the Customer under these Conditions, or lack of exercise by Global Biograph S.L. rights and remedies under these Terms and Conditions shall not waive or constitute a waiver or limitation of any such rights, nor shall it relieve the Customer from its obligations.
Any waivers of enforcement that it may make Global Biograph S.L. shall not constitute a waiver of subsequent performance.
No waiver by Global Biograph S.L. a las presentes Condiciones shall be effective, unless it is expressly stipulated that it is a waiver and it is formalised by means of a communication to the Customer in accordance with the provisions of the Notifications section above.
In the event that any of these Terms and Conditions are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions shall remain in force, without being affected by such declaration of nullity.
These Terms and Conditions and any documents expressly referred to in these Terms and Conditions constitute the entire agreement between the Customer and Global Biograph S.L. in relation to the subject matter hereof and supersede any prior covenants, agreements or promises made between the Customer and Global Biograph S.L. orally or in writing. Both parties acknowledge that they have consented to the conclusion of an agreement without having relied on any statement or promise made by the other party or which could be inferred from any statement or writing in the negotiations entered into by the two parties prior thereto, except as expressly mentioned in these Conditions.
The use of our website and the agreements for the purchase of products through the Online Shop of Global Biograph S.L. shall be governed by Spanish law.
Any dispute arising out of or in connection with the use of the website or these Terms and Conditions shall be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.