GENERAL CONTRACTUAL CONDITIONS
Introduction
This contractual document will govern the General Conditions of product contracting (hereinafter, "Conditions") through the website alivealchemy.com, owned by ALIVE ALCHEMY SL under the trademark ALIVE ALCHEMY, hereinafter referred to as the SERVICE PROVIDER, whose contact details are also listed in the Legal Notice of this website.
These Conditions will remain published on the website available to the USER for reproduction and storage as confirmation of the contract and may be modified at any time by ALIVE ALCHEMY SL. It is the responsibility of the USER to read them periodically, as those in effect at the time of placing orders will apply. ALIVE ALCHEMY SL will retain the electronic document formalizing the purchase and will have it available for the USER if requested.
Contracts shall not be subject to any formality except in the cases expressly stated in the Civil and Commercial Codes and in this or other special laws.
The acceptance of this document implies that the USER:
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Has read, understands, and comprehends what is stated herein.
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Is a person with sufficient capacity to contract.
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Assumes all the obligations set forth herein.
These conditions will have an indefinite validity period and will apply to all contracts made through the website of the SERVICE PROVIDER.
The SERVICE PROVIDER informs that the business is responsible and aware of the current legislation of the countries to which the products are shipped and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were acquired prior to the modification.
Identity of the Contracting Parties
On one side, the SERVICE PROVIDER of the products contracted by the USER is ALIVE ALCHEMY SL, with registered office at C/ 9 DE OCTUBRE, 1 PRIMERO F 03590 ALTEA (Alicante), NIF B24741969 and with customer service telephone +34 609668012.
And on the other side, the USER, registered on the website with a username and password, for which they have full responsibility for use and custody, and is responsible for the truthfulness of the personal data provided to the SERVICE PROVIDER.
Object of the Contract
The purpose of this contract is to regulate the contractual relationship of sale arising between the SERVICE PROVIDER and the USER at the moment the latter accepts the corresponding checkbox during the online contracting process.
The contractual relationship of sale involves the delivery, in exchange for a determined price publicly displayed through the website, of a specific product.
Correction of Data
When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, they may notify it to the email info@alivealchemy.com so that ALIVE ALCHEMY SL can correct them as soon as possible.
The USER may keep their data updated by accessing their user account.
Contracting Procedure
The USER, to access the products or services offered by the SERVICE PROVIDER, must be of legal age or an emancipated minor and register through the website by creating a user account. Therefore, the USER must provide freely and voluntarily the personal data required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of April 27, 2016 (GDPR), regarding the protection of natural persons concerning the processing of personal data and the free movement of such data and Organic Law 3/2018 of December 5 (LOPDGDD), related to the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.
The USER will select a username and password, committing to use them diligently and not to make them available to third parties, as well as to inform the SERVICE PROVIDER of their loss or theft or possible access by an unauthorized third party so that immediate blocking can take place.
Once the user account has been created, it is informed that in accordance with the requirements of Article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow these steps:
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General contracting clauses.
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Shipment and delivery of orders.
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Right of withdrawal.
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Claims.
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Force majeure.
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Jurisdiction.
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Generalities of the offer.
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Price and validity period of the offer.
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Shipping costs.
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Payment methods, costs, and discounts.
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Purchase process.
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Dissociation and suspension or termination of the contract.
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Guarantees and returns.
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Applicable law and jurisdiction.
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GENERAL CONTRACTING CLAUSES
Unless expressly stipulated otherwise in writing, placing an order with the SERVICE PROVIDER will imply the acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the SERVICE PROVIDER unless it has been expressly accepted in advance and in writing by the SERVICE PROVIDER.
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SHIPPING AND DELIVERY OF ORDERS
The SERVICE PROVIDER will not send any order until it has verified that payment has been made.
Shipments of goods will typically be made through EXPRESS COURIER (POSTAL NACEX, FEDEX, etc.), according to the destination freely designated by the USER.
Shipping will take place once the availability of the goods has been confirmed and payment for the order has been verified.
The delivery time will be between 4 and 7 working days, depending on the destination and the chosen payment method. The expected shipping and delivery date will be provided prior to the confirmation of the order.
Failure to Execute the Distance Contract
In the event that it is not possible to execute the contract because the product or service contracted is unavailable within the expected timeframe, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a full refund without any cost, and without any liability for damages attributable to the SERVICE PROVIDER.
In case of unjustified delay by the SERVICE PROVIDER regarding the refund of the total amount, the USER may claim to be paid double the amount owed, without prejudice to their right to be compensated for damages suffered exceeding that amount.
The SERVICE PROVIDER will not assume any responsibility when the delivery of the product or service does not take place due to the data provided by the USER being false, inaccurate, or incomplete.
Delivery will be considered completed at the moment the carrier has made the products available to the USER and the USER, or their representative, has signed the delivery receipt.
The SERVICE PROVIDER will be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by a simple declaration, demand the correction of that lack of conformity, a reduction in the price, or the resolution of the contract. In any of these cases, the USER may also claim compensation for damages, where applicable.
The USER shall have the right to suspend payment of any outstanding portion of the price of the purchased product until the SERVICE PROVIDER fulfills the obligations established in this contract.
It is the USER's responsibility to verify the products upon receipt and to state any reservations and claims that may be justified in the delivery receipt.
In the event that the contract does not involve the physical delivery of any product, but rather activation of a download on a website, the SERVICE PROVIDER will inform the USER in advance regarding the procedure to follow to carry out this download.
3. RIGHT OF WITHDRAWAL
Withdrawal form: https://alivealchemy.com/formulario-solicitud-desistimiento.pdf
The USER has a period of fourteen calendar days, counted from the date of receipt of the product or from the execution of the sales contract if it is a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the SERVICE PROVIDER fails to comply with the duty of information and documentation regarding the right of withdrawal, the period for its exercise will end twelve months after the expiration date of the initial withdrawal period, according to Article 105 of RDL 1/2007.
The right of withdrawal will not apply to the contracts referred to and enumerated in Article 103 of RDL 1/2007.
Any return must be communicated to the SERVICE PROVIDER by requesting a return number using the designated form or by email at info@alivealchemy.com, indicating the corresponding invoice or order number.
In case the return is not made with the original packaging, the SERVICE PROVIDER may charge the cost previously agreed upon with the USER, having informed the USER of this through the same communication channel used.
Once the USER has received the return number, they will send the product to the SERVICE PROVIDER, indicating this number on the shipping letter, with transportation costs at their expense, to the address of ALIVE ALCHEMY SL, C/ 9 DE OCTUBRE, 1 PRIMERO F 03590 ALTEA (Alicante).
4. CLAIMS
Any claim that the USER considers appropriate will be addressed as soon as possible, and can be made at the following contact addresses:
Postal: ALIVE ALCHEMY SL, C/ 9 DE OCTUBRE, 1 PRIMERO F 03590 ALTEA (Alicante)
Phone: +34 609668012 or +34 646058113
Email: info@alivealchemy.com
5. FORCE MAJEURE
The parties will not incur responsibility for any failure due to force majeure. The fulfillment of the obligation will be delayed until the cessation of the force majeure event.
6. JURISDICTION
The USER may not assign, transfer, or convey the rights, responsibilities, and obligations contracted in the sale.
If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality, and enforcement of the remaining conditions shall not be affected in any way, nor shall they be modified in any manner.
The USER states that they have read, understood, and accept these Conditions in their entirety.
7. GENERALITIES OF THE OFFER
All sales and deliveries made by the SERVICE PROVIDER shall be understood to be subject to these Conditions.
No modification, alteration, or agreement contrary to the Commercial Proposal of ALIVE ALCHEMY SL or to what is stipulated herein shall take effect, except for an express written agreement signed by the SERVICE PROVIDER; in this case, these specific agreements shall prevail.
8. PRICE AND VALIDITY OF THE OFFER
The prices indicated for each product or service include the Value Added Tax (VAT) or other applicable taxes. These prices, unless expressly stated otherwise, do not include shipping costs, communication, handling, or any other additional services related to the purchased product.
The applicable prices for each product are those published on the website and will be expressed in EURO. The USER assumes that the economic valuation of some products may vary in real-time.
Before making the purchase, the USER can check online all details of the estimate: items, quantities, price, availability, transport costs, charges, discounts, taxes, and total purchase amount. Prices may change daily as long as the order is not placed.
Once the order has been placed, the prices will remain the same whether or not products are available.
All payments made to the SERVICE PROVIDER require the issuance of an invoice in the name of the registered USER or the business name that the USER provided at the time of placing the order. This invoice will be sent in paper format together with the purchased product. The invoice can be downloaded in PDF format by accessing the management panel of the website with the user account. If the USER wishes to receive it via email, they must request it through any means provided by the SERVICE PROVIDER, being informed that they may revoke this decision at any time.
For any information regarding the order, the USER may contact the SERVICE PROVIDER’s customer service at +34 609668012 / +34 646058113 or via email at info@alivealchemy.com.
9. SHIPPING COSTS
The prices published in the store do not include shipping or communication costs, installation or download, or complementary services unless expressly agreed in writing otherwise.
Shipping costs will be calculated at the time of saving the cart or estimate, as they are calculated based on the weight of the products and the delivery address.
10. PAYMENT METHODS, FEES, AND DISCOUNTS
The SERVICE PROVIDER is responsible for economic transactions and enables the following methods for making payment for an order:
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Credit card
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PayPal
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Bank transfers (contact Alive Alchemy SL by email)
The USER may use a discount coupon prior to completing the purchase if they have received one from the SERVICE PROVIDER.
Security Measures
The website uses information security techniques generally accepted in the industry, such as SSL, data entered on secure pages, firewalls, access control procedures, and cryptographic mechanisms, all to prevent unauthorized access to the data. To achieve these ends, the user/customer accepts that the service provider obtain data for the purpose of corresponding authentication of access controls.
The SERVICE PROVIDER is committed to not allowing any transaction considered illegal by the credit card brands or the acquiring bank, which could or has the potential to damage the goodwill of the same or negatively influence them.
Under the programs of the credit card brands, the sale or offer of a product or service that does not comply with all applicable laws concerning the Buyer, Issuing Bank, Merchant, or Cardholder is prohibited.
11. PURCHASE PROCESS
Any product from our catalog can be added to the cart. In this, only the items, quantity, price, and total amount will be displayed. Once the cart is saved, the taxes, charges, and discounts will be calculated based on the entered payment and shipping data.
Carts have no administrative binding; it is only a section where an estimate can be simulated without any commitment from either party.
From the cart, an order can be placed by following these steps for proper formalization:
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Verification of billing data.
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Verification of the shipping address.
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Selection of the payment method.
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Place the order (purchase).
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Once the order has been processed, the system will instantly send an email to the SERVICE PROVIDER management department and another to the USER’s email confirming the order.
Orders (purchase requests) will provide information about the status of the order and the approximate shipping and/or delivery dates prior to confirmation.
12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT
If any of these terms and conditions are deemed illegal, null or for any reason unenforceable, that condition shall be considered separable and shall not affect the validity and applicability of any of the remaining conditions.
The SERVICE PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations established in this contract or any applicable legal provision, license, regulation, directive, code of practice, or policies.
When the SERVICE PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power, or remedy that may be available to the SERVICE PROVIDER.
13. WARRANTIES AND RETURNS
The warranties will respond to the regulations outlined in the Title referred to as "Warranties and After-sales Services" of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.
If it is desired to customize this section, it must be ensured that the wording complies with the provisions in the title of WARRANTIES AND AFTER-SALES SERVICES of Royal Legislative Decree 1/2007.
14. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed or interpreted in accordance with Spanish legislation in matters not expressly established. Any disputes that may arise from the provision of the products or services subject to these Conditions shall be submitted to the courts and tribunals of the USER's domicile, at the place of fulfillment of the obligation or where the property is located if it is immovable.
