Legal notice and general conditions

www.aiklo.com

1. GENERAL INFORMATION

The ownership of this website www.aiklo.com, (hereinafter Website) boasts:  Aiklo Technologies, SL, with Tax ID No.: B66789603 and registered in: Barcelona Commercial Registry; and whose registration details are: Volume 45411, Folio 212, Sheet B 486880, Entry 1, and whose contact details are:

Address:  C. Galileo, 319

Contact phone number:  934447697

Contact email: info@aiklo.com

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.aiklo.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that  Aiklo  developed through the Website includes:

Design and marketing of mobile accessories

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of  Aiklo. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time when the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

  • Use this Website only to make legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
  • Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain.  Aiklo  does not guarantee that the Website complies with the laws of other countries, either in whole or in part.  Aiklo  declines all responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at his/her choice, with  Aiklo  the contract of sale of the desired products and/or services in any of the languages ​​in which these Conditions are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

Users may purchase on the Website by the established means and methods. They must follow the online purchase and/or acquisition procedure of www.aiklo.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: "buy"

Likewise, the User must complete and/or check the information requested at each step, although, during the purchasing process, before making the payment, the purchase details can be modified.

The User will then receive an email confirming that  Aiklo  has received your order or request for purchase and/or provision of the service, i.e. the order confirmation. And, where applicable, you will also be informed by email when your purchase is being shipped.  Where appropriate, this information may also be made available to the User through his or her personal connection space to the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email.  and, where applicable, through your personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a copy of his invoice in paper form, by requesting it from  Aiklo  using the contact spaces on the Website or through the contact information provided above.

The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

Communications, purchase orders and payments involved in transactions carried out on the Website may be archived and kept in the computerized records of  Aiklo  in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by  Aiklo  through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the products and/or the provision of the services.If there are difficulties in supplying products or if there are no products in stock,  Aiklo  undertakes to contact the User and refund any amount that may have been paid as a fee. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially in relation to VAT.

Shipping costs are included in the final prices of the products as shown on the Website. Thus,  Aiklo  performs delivery and/or shipping services through:  Amphora.

Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already made  received an order confirmation.

The accepted payment methods will be:  Credit or debit card, and PayPal

Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by  Aiklo  I  Aiklo Technologies, SL

Aiklo  uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to verification and authorization by the bank that issued them. If said entity does not authorize the payment,  Aiklo  will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

Once  Aiklo  Once the purchase order is received from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the manner and, where applicable, at the place established.

If the payment method is  PayPal,  gift card or subscription card  The charge will be made at the time when  Aiklo  send a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on "buy" the User confirms that the payment method used is his/her own, or that, where applicable, he/she is the legitimate holder of the gift card or the credit card.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory:  Everyone

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to him,  Aiklo  If the delivery date cannot be met, the User will be contacted to inform him of this circumstance and he may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If delivery of the order is not possible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he/she must contact  Aiklo  to arrange delivery on another day.

In the event that 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to  Aiklo,  Aiklo  will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to the User.

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be the responsibility of the User from the moment of delivery. The User acquires ownership of the products when  Aiklo  receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place at a time later than the full receipt of the amount to be paid by  Aiklo.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be deemed to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific item in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that if he or she detects that an error has occurred when entering the data necessary to process his or her purchase request on the Website, he or she may modify the data by contacting  Aiklo  through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.

In any case, the User, before clicking on "buy", has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner's Website, he or she has a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website of  Aiklo  or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day the contract is signed.

To exercise this right of withdrawal, the User must notify his decision to  Aiklo. You may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided  Aiklo  makes available to you as an annex to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication unequivocally expressing the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal,  Aiklo  will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which  Aiklo  is informed of the User's decision to withdraw.

Aiklo  will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However,  Aiklo  may withhold such refund until it has received the purchased products or items, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to  Aiklo  in:  C. Galileo, 319 entr.2ª 08028 Barcelona

And you must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which  Aiklo  was informed of the decision to withdraw.

The User acknowledges that he/she must bear the direct cost of returning the goods (transport, delivery), if any. In addition, he/she will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by  Aiklo, you will have lost your right of withdrawal.

In any case, no refund will be made if the product has been used beyond its mere opening, for products that are not in the same condition as they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other accompanying documents, as well as a copy of the purchase invoice.

The withdrawal form template can be downloaded from the following link: www.aiklo.com/pages/derecho-de-desistimiento

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, he/she must contact  Aiklo  immediately and inform them of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, whether a refund or, where appropriate, a replacement is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products returned due to a defect, when this actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be observed.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that he may acquire through this Website, in the terms legally established for each type of product, responding  Aiklo, therefore, for any lack of conformity thereof that becomes apparent within a period of two years from delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they fit the description made by  Aiklo  and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the quality and performance that is usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal warranty right directly against them during the two years following the delivery of said products. To do so, the User must have kept all the information regarding the warranty of the products.

9. DISCLAIMER

Unless otherwise provided by law,  Aiklo  will not accept any liability for the following losses, regardless of their origin:

  • any losses which were not attributable to any breach on its part;
  • business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between both parties.

Likewise,  Aiklo  It also limits its liability in the following cases:

  • Aiklo  applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
  • Aiklo  will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages arising from poor transport performance, especially due to causes such as strikes, roadblocks, and in general any other causes inherent to the sector, which result in delays, loss or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service via the Internet.Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available.  Aiklo  makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes not attributable to it, such as unforeseeable events or force majeure.
  • Aiklo  will not be held responsible for any misuse and/or wear and tear of the products that have been used by the User. At the same time,  Aiklo  will not be held responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
  • In general,  Aiklo  shall not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure, which may include, but is not limited to:
  • Strikes, lockouts or other protest measures.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and  Aiklo  will have an extension of the deadline to comply with them for a period of time equal to the duration of the cause of force majeure.  Aiklo  will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with  Aiklo  whether electronic (email or notices posted on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that  Aiklo  sent electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User may send notifications and/or communicate with  Aiklo  through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

Likewise, unless otherwise stipulated,  Aiklo  may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No resignation of  Aiklo  to a specific right or legal action or the lack of a requirement by  Aiklo  Strict compliance by the User of any of his/her obligations shall not constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with his/her obligations.

No resignation of  Aiklo  Any waiver of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12.NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and  Aiklo  in relation to the object of sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.

The User and  Aiklo  acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to  Aiklo  in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between  Aiklo  and the User will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User may send to  Aiklo  your complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

Besides,  Aiklo  has official complaint forms available to consumers and users, which they can request from  Aiklo  at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the celebration of this purchase contract between  Aiklo  and the User arises a dispute, the User as a consumer may request an extrajudicial solution to disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on the resolution of online disputes for consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.