General Contract Conditions
0. PRIOR CONTRACT INFORMATION
Below, and for your reading and understanding, the General Contracting Conditions (hereinafter, the “General Conditions”) are set out, which will be applicable to all commercial operations of remote purchase and sale of products carried out electronically through through the Website https://ayur.bio (hereinafter, the Website), from the moment the ENTREPRENEUR sends the General Conditions to the CONSUMER in the order confirmation document, and not at any other previous time.
These General Conditions will remain in force and will be valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.
THE ENTREPRENEUR reserves the right to modify in whole or in part at any time both the General Conditions, as well as all those legal notices, guidelines and/or regulations of use collected on the Website and which, depending on the case, will replace, complete and/or or modify the General Conditions contained herein, without affecting the products that were purchased prior to the modification.
These modifications may be made, through the Website, in any manner admissible by law and will be mandatory during the time in which they are published on the website and until they are validly modified by subsequent ones.
THE ENTREPRENEUR informs that the CONSUMER can access the General Conditions by clicking on the link “General Contracting Conditions”. We recommend that the CONSUMER periodically consult the General Conditions, as they may be modified. You can consult the current version of these conditions at any time at https://ayur.bio.com/condiciones-generales-contratacion
However, THE ENTREPRENEUR reserves the right to apply, in certain cases, Specific Conditions in preference to these General Conditions when it considers it appropriate, announcing them in a timely manner.
In the event of a contradiction between the terms and conditions stated in these General Conditions and the Specific Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those products subject to said specific conditions.
Acceptance of this contractual document means that the CONSUMER:
- You’ve read, you understand and you’re agree with this text
- That is a natural person or represents a legal entity with sufficient capacity to contract.
- That assumes all the conditions and obligations set forth herein.
1. PARTICIPANTS AND IDENTITY OF THE PARTIES
From one side,
THE ENTREPRENEUR is NORTEM CHEM, S.A., N.I.F.: A95234191, with address at P.I. Las Salinas – C/ Alexander Humboldt, 12 – 11500 El Puerto de Santa María, Cádiz (Spain), telephone (+34) 856925095 and email info@ayur.bio
And from somewhere else,
The CONSUMER, registered on the Website using a username and password, or as a guest user without the need to be registered on the Website, over which he or she has full responsibility for use and custody, being responsible for the veracity of the personal data. provided to the ENTREPRENEUR.
The CONSUMER will only be considered the natural or legal person who adequately accredits their condition and accepts these General Conditions and the Specific Conditions that, where applicable, are applicable and that, together with the Legal Notice and the Privacy Policy and The Cookies Policy governs our commercial relationship, from the moment the ENTREPRENEUR sends you the General Conditions in the order confirmation document, and not at any other time before.
If you do not agree with any part of the terms, you will not be able to purchase any of the products offered on the website.
In the case of natural persons, the purchase of products by minors under 18 years of age or by legal entities that do not meet the requirements set forth in these General Contracting Conditions is expressly prohibited.
The placing of orders from the Website by a minor who falsifies the information will be understood to be carried out under the supervision and authorization of his or her parents, guardians or legal representatives.
2. OBJECT OF THE CONTRACT
These General Conditions will regulate the commercial relationship that arises between THE ENTREPRENEUR and the CONSUMER for purchases of products made on the Website.
Taking into account the above, the CONSUMER will only be subject to the General Conditions from the moment he receives from the ENTREPRENEUR all the purchase conditions in the order confirmation document.
Contracting entails the delivery, upon payment of a specific price and publicly displayed through the Website, of a specific product.
These Conditions and any document expressly referred to in them constitute the entire agreement between the CONSUMER and the ENTREPRENEUR in relation to the object of sale and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parts.
The CONSUMER and the ENTREPRENEUR acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for that which is expressly mentioned in these Conditions.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free of charge, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the user.
Access to the majority of content on the Website is completely free and does not require prior registration, without prejudice to the fact that THE ENTREPRENEUR conditions the use of some of the services offered on its website to the prior completion of the corresponding form, and where appropriate may involve the payment of economic amounts.
Access to the Website by minors under 18 years of age is prohibited. However, in the event that access to the Website is made by a minor, it will be presumed that said access has been made with prior and express authorization from their parents, guardians or legal representatives, without prejudice to the fact that THE ENTREPRENEUR reserves the right to carry out whatever verifications and checks it deems appropriate.
Under no circumstances will THE ENTREPRENEUR be responsible for the veracity of the data provided by the user, so each user will be solely responsible for ensuring that the information provided to the ENTREPRENEUR is adequate, exact and precise or, otherwise, for the possible consequences. that could arise from the lack of quality of the data or from the false or inaccurate statements made by the
3.1. Requirements to obtain the status of registered user
In order to carry out the purchase of the products made available by THE ENTREPRENEUR to consumers, it is necessary that they register in advance, providing through the forms provided for this purpose, at least, the registration data that is required as mandatory.
It is an essential requirement to be able to register as a user to be over eighteen (18) years of age and to provide all the information required as mandatory through the website. The registered user assumes that their user account is personal and non-transferable, and both natural persons and legal entities may register on the Website.
Every registered user will have an access password, which will in any case be personal, non-transferable, and will have a limited temporary validity. This password must meet minimum length and security requirements. The user may modify or recover said password at any time, following the procedure provided on the Website. In no case will THE ENTREPRENEUR have direct access to said password except for the provision of the access service to the Website to users.
By virtue of the above, it is the user’s obligation to immediately notify the ENTREPRENEUR of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to to proceed to its immediate cancellation. As long as such facts are not communicated, THE ENTREPRENEUR will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
3.2. Unsubscribe as a registered user
The user may, at any time, request to be removed from the website, simply processing it through the section enabled for this purpose in the “My account” section available on the Website.
In any case, once the cancellation has been made, the user may request a new registration, leaving aside the EMPLOYER’s power to not admit said registration in the specific cases specified in the clause called “Requirements to obtain user status”, or in the event of a conflict or controversy arising between the parties, which is yet to be resolved or which has ended with recognition of the user’s fault or negligence and/or harm to the ENTREPRENEUR, its collaborators and associates or its users, consumers or potential consumers.
3.3. Requirements to obtain guest user status
The acquisition of the products made available to consumers by THE ENTREPRENEUR can be carried out as a guest user without prior registration.
Natural persons over eighteen (18) years of age and legally constituted legal entities with sufficient capacity to contract, and who provide through the Website all the information required as mandatory, regarding identification data, may act as guest users. delivery address, billing information and chosen payment method.
If the consumer has already made a previous purchase, after making the purchase and adding the selected products to the shopping cart, he/she will be able to access his/her customer data, entered in the previous purchase.
4. DESCRIPTION OF THE PRODUCTS
In compliance with current legislation and, in particular, with Law 34/2002, of 11 July, on information society services and electronic commerce, THE COMPANY offers information about the product, its characteristics and prices in each of the sections of the Website, depending on the type of product in question:
Categories:
- Anti-radiation clothing:
T-shirts
Short
Pants
Cap
The products offered, as well as others that may be offered in the future through the website, will be delivered in exchange for the corresponding remuneration to be paid by the CONSUMER, and will confer on the latter a right to use the same, subject to the terms, conditions and terms of these general conditions and the specific conditions that, where appropriate, may be established.
However, THE COMPANY reserves the right to withdraw, replace or change the products offered through the Website, by simply changing the content of the same.
In this way, the products offered at any given time on the Website shall be governed by the General Terms and Conditions in force in each case. Likewise, the COMPANY shall have the right to stop offering, without prior notice and at any time, access to the aforementioned products.
The descriptions, which in each case are established, shall regulate the provision by the COMPANY of the products offered to the CONSUMER.
4.1. Product availability
The availability of the products offered by the COMPANY through the Website may vary depending on the demand of the CONSUMERS. Although the COMPANY updates the stock periodically, the product ordered by the CONSUMER may be out of stock at that time. In such a case, THE COMPANY will contact the user by e-mail or phone call to resolve the incident in his order, proposing an alternative similar product, waiting for the selected product to be available again in our stock or proceeding to the cancellation of the order.
4.2. Price indication and validity
The prices of the products are always shown in Euro currency (€) and include the corresponding Value Added Tax (VAT) or other taxes that may be applicable, which shall at all times be those in force.
VAT is included in these prices. Unless expressly stated otherwise, prices do not include the cost of shipping, handling, packaging, insurance or any other additional and ancillary services to the product purchased.
The delivery costs of the products shall be borne by the CONSUMER and shall be added to the total amount of the selected products. You will be informed of these costs before confirming the order and finalising the contracting process.
The prices shown on the Website are applicable exclusively to the products offered through the Website and for as long as they remain published and automatically applied by the contracting process in the last phase of the same.
The COMPANY expressly reserves the right to change prices at any time without prior notice. However, in any case, the rates in force at the time of placing the corresponding order shall apply.
Any payment made to the COMPANY shall entail the issuance of an invoice in the name of the CONSUMER, if requested by the CONSUMER.
The CONSUMER may request that the purchase invoice for the order be issued and sent by the COMPANY to his/her e-mail address in electronic format .pdf, alternatively the CONSUMER may request, in addition, that the purchase invoice be sent in paper format by ordinary post.
The consumer’s right to receive a paper invoice may not be made conditional upon the payment of any financial sum.
To do so, please contact Customer Services on (+34) 856925095 or send an e-mail to the following address info@ayur.bio and request the purchase invoice for your order in paper format, which will be sent by the COMPANY by ordinary post to the address indicated by the CONSUMER.
For any information about the order, to change the delivery and invoicing addresses or to correct errors in the data provided, the CONSUMER should contact the COMPANY by telephone (+34) 856925095 or by e-mail at the following address info@ayur.bio In any case, the order number assigned to you and indicated in the purchase confirmation e-mail must be indicated in the subject line of the message or in the call made.
5. PURCHASING PROCESS
The contracting procedure on the website may only be carried out in Spanish.
All order processing, completion of the contract and subsequent communications with the CONSUMER shall be carried out in Spanish.
If it can be carried out in another language, this will be indicated before the start of the procurement procedure.
The CONSUMER, in order to access the products offered by the COMPANY, must register through the website by creating a CONSUMER account, or as a guest user, without the need for prior registration. To do so, the CONSUMER must freely and voluntarily provide the personal data that will be requested in the ‘Register’ form.
The CONSUMER will select a user name or e-mail address and a password, undertaking to make diligent use of the same, and not to make them available to third parties, as well as to inform the COMPANY of the loss or theft of the same or of possible access by an unauthorised third party, so that the latter may proceed to block them immediately, the CONSUMER being the only party responsible for the damages that the same may suffer, or that may be caused, by the improper use of their passwords due to improper custody or use of the same on their part.
The CONSUMER is responsible for treating the identity and password obtained during registration as a CONSUMER confidentially and responsibly, and may not pass them on to any other party.
The CONSUMER may not choose as the name of the CONSUMER words that are intended to confuse others by identifying the CONSUMER as an integral member of the COMPANY, as well as expressions that are offensive, insulting and in general contrary to the law or to the requirements of morality and good customs.
The contracting platform of the COMPANY will inform the CONSUMER, once the contracting procedure has been completed, via e-mail, of all the characteristics, price, means of transport, date of contracting and delivery time of the purchased product.
Once the CONSUMER account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of 11 July, on information society services and electronic commerce, the contracting procedure will follow the following steps:
- The CONSUMER, as a registered user or as a guest user, without the need to be registered, in order to proceed with the purchase of products, must select the product/s he/she wishes to purchase and add them to his/her ‘Shopping Cart’, by clicking on the button ‘Add to my basket’.
- The CONSUMER will be able to check that the product(s) have been correctly added to his/her ‘Shopping Cart’ basket, in which the number of products selected must be shown.
- The CONSUMER will be shown a detailed summary of the products in their ‘Shopping Cart’, which includes:
- Product image
- Product description
- Product availability
- Unit price
- Quantity
- Sub-total products (VAT included)
- Subtotal shipping costs (including VAT)
- Taxes
- Total
- The CONSUMER will then be shown an electronic form to fill in with their billing details and complete address for the delivery of the goods. Once you have filled in the form, click on the SAVE button.
- If the delivery address of the goods is different from the billing address, the CONSUMER can add a new address by clicking on the ADD NEW ADDRESS button.
- If the delivery address indicated in the invoicing data coincides with the delivery address, these will be selected by default when placing the order. In any case, the CONSUMER can add additional addresses at any time through the ‘My Addresses’ section. Always make sure to update your details if they have changed.
- Before proceeding with the order, the CONSUMER must carefully read these general terms and conditions and the basic information on data protection made available to him/her, accepting them in their entirety by ticking the following ‘check-box’:
- □ I agree with the basic data protection information made available to me and with the General Terms and Conditions of Business, accepting both without reservation.
- The CONSUMER shall use one of the payment methods established by the COMPANY on the Website to pay for his order.
- The order will be processed once the CONSUMER clicks on the ‘Order with payment obligation’ button at the bottom of the page.
- Once the purchase has been made, the CONSUMER will be sent, to the e-mail address indicated for this purpose, a confirmation of the purchase made, ‘Proof of Purchase’, which will serve as proof of the operation carried out and which may be printed on paper. The order confirmation and the Proof of Purchase shall not be valid as an invoice.
- To check the status of your pending orders you have to log in through the ‘My account’ option. After logging in (login page), you will be able to access your order page, where you will find your orders sorted by order date and an indication of the order status.
The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerised records of the COMPANY in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this respect are applicable, and particularly taking into account the REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – GDPR EU 2016/679) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD 3/2018), and the rights of Users in accordance with the privacy policy of this Website.
6. TECHNICAL MEANS TO CORRECT ERRORS
The CONSUMER is informed that in the event that he/she has provided erroneous data when placing his/her order on the Website, he/she may modify them by contacting the COMPANY by sending an email to info@ayur.bioContact the CUSTOMER SERVICE AND AFTER-SALES SERVICE on (+34) 856925095, on Whatsapp (+34) 678 54 97 or through the personal space ‘My account’.
7. PAYMENT METHODS
In order to proceed with the payment, the CONSUMER must follow each and every one of the instructions displayed on the Website. Payment of the price of the products may only be made by the payment methods indicated at any given time on the Website.
In the case of payment by credit and/or debit card, payment will be subject to checks and authorisations by the issuing entities, but if said entity does not authorise payment, the purchase procedure initiated may not continue, and the order will be automatically cancelled, and the purchase and sale of the service requested will not be understood to have been carried out. The amount of the price of the service, as well as any applicable taxes, will be shown at the time of placing the order.
With the aim of reinforcing the security and protection of online purchases, THE COMPANY has implemented the necessary processes to improve the security of transactions thanks to the incorporation of a payment service provider and a banking intermediary that guarantee the confidentiality and security of transactions, forcing the authentication of each of the purchases made through the website in the cases required by the regulations on security in means of payment (PSD2).
All payment orders are identified by a code, generated by the payment provider, without which no transaction will be authorised by the relevant bank. This code will be used by the COMPANY to make the corresponding payments without the need to store the payment card details.
Under no circumstances will the COMPANY store the data provided by the CONSUMERS through the payment gateway in its own computer systems, and they will only be kept while the purchase is being made, the payment is being made and until the withdrawal period has elapsed.
- Credit and/or debit card: The website has installed the REDSYS e-commerce payment gateway of Banco Santander. All data provided for this purpose is encrypted to ensure maximum security. They are hosted on a secure server certified according to the ‘Secure Socket Layer’ protocol. Both personal and banking data will be protected with all the security measures established by REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation – GDPR EU 2016/679) and by the Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD 3/2018) and with full confidentiality. Under no circumstances will the data provided by CUSTOMERS through the payment gateway be stored, and they will only be kept while the purchase is being made, the payment is being made and until the withdrawal period has elapsed.
- Bizum:The CONSUMER can pay the amount of their shopping cart using the Bizum mobile payment platform.
- Bank transfer: The CONSUMER may choose to pay for the order by bank transfer. You must click on the link on the website ‘payment by direct bank transfer’ and follow the instructions given. When the order is placed and this payment method is selected, upon confirmation of the transaction, an e-mail will be sent with the order number and the bank account of the COMPANY where the payment should be made. Please indicate your order number in your comments.
- Paypal: The CONSUMER may choose to make the payment using the PayPal payment gateway. You will need to click on the ‘PayPal’ link on the website and choose one of the three PayPal payment methods. When the order is placed and this payment method is selected, you will be redirected to PayPal where you will need to complete all your details to confirm the order. When the order is placed and this payment method is selected, you will be redirected to PayPal where you will need to complete all your details to confirm the order.
The CONSUMER’s purchase may be postponed for anti-fraud checks. It may also be suspended for a longer period of time for further investigation to prevent fraudulent transactions.
8. VALUE ADDED TAX
In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the supply of the products shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla, where the corresponding tax rates apply. The applicable VAT rate shall be the rate legally in force at any given time depending on the specific product in question.
In the same vein, and in accordance with COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/EC as regards certain value added tax obligations for supplies of services and distance sales of goods, purchase orders shall be located, for delivery and/or supply, in that Member State of the European Union in which the address appearing on the purchase order is located and, therefore, the applicable VAT shall be that in force in that Member State.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of Law 37/1992 and DIRECTIVE (EU) 2017/2455, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The CONSUMER should be aware that in these territories there may be situations in which taxes and customs duties are applied and payable at destination, in accordance with the regulations in force, and that these may be borne by the CONSUMER.
For all other locations, other than those mentioned above, where the purchase orders are located, the regulations in force at any given time shall apply to their delivery and/or performance; the CONSUMER must take into account that this could lead to the application and accrual of taxes and customs duties at destination, in accordance with the regulations in force at destination, and that these could be borne by the CONSUMER. For further information, the CONSUMER should contact the customs office at destination.
9. ORDER PROCESSING
Once the receipt of the payment of the product for the total amount indicated in the purchase process has been verified, the COMPANY will start processing the order.
THE COMPANY does not guarantee the price quoted in this order for more than five days from the date of the order. If payment has not been made within five days by the means established for this purpose, the price may be modified.
It is also recommended that the CONSUMER prints and/or keeps a copy of the terms and conditions of sale on a durable medium when placing his order, as well as the proof of receipt sent by the COMPANY by e-mail.
The COMPANY shall deliver the products in the same way as they appear on the website.
The goods travel to their destination insured against all risks on behalf of the COMPANY, the cost of this insurance being included in the price corresponding to the handling and transport section.
In the event of any incident detected in the delivery of the goods, the CONSUMER should contact us using the contact form, indicating in the message all the aspects related to the incident in the delivery of the goods.
10. CONDITIONS OF SHIPMENT OF PRODUCTS
The products whose purchase has been made through the Web Site will be sent, duly protected in a cardboard box with internal protection, plastic case and resistant external box, to the postal address indicated in the order form by means of the assigned transport agency, contracted for this purpose by the COMPANY, which may not correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar places.
The delivery time of the products will depend on the place of destination of the shipment, and in any case begins to count from the moment the COMPANY receives the amount of the order. However, the COMPANY shall not be liable for failure to meet these dates if the failure is due to causes beyond the COMPANY’s control..
In the event of non-execution of the contract by the COMPANY due to unavailability of the purchased goods, the CONSUMER shall be informed of this unavailability by e-mail and the COMPANY shall, without undue delay, reimburse to the CONSUMER any sums paid under the contract.
In the event of unjustified delay on the part of the COMPANY in returning the sums paid, the CONSUMER may claim double the amount due from the COMPANY, without prejudice to the right of the CONSUMER to be compensated for damages in excess of this amount.
10.1. Order delivery times
Orders placed by the CONSUMER through the Website can currently be sent to residents in any town in the Spanish mainland (except the Balearic Islands, the Canary Islands, the autonomous cities of Ceuta and Melilla), countries that make up the European Union and countries in the rest of the world.
In application of Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on measures to prevent unjustified geo-blocking and other forms of discrimination based on nationality, place of residence or place of establishment of CONSUMERS in the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC, consumers and users residing in countries that are part of the European Union will have the right to free access to any website regardless of the European country where they reside. No 2006/2004 and (EU) 2017/2394, and Directive 2009/22/EC, consumers and users residing in countries that are part of the European Union will have the right to free access to any website regardless of the European country in which they reside, as it is prohibited to block access to an e-commerce page.
Once the payment of the order has been confirmed, if the products ordered are available, the orders will be dispatched from the COMPANY’s warehouse to the delivery address indicated by the CONSUMER.
The delivery times of the orders will depend on the physical location of the CONSUMER or, if applicable, of the different recipients, if any, as well as the time of the order (official Spanish peninsular time).
For orders of any type of products offered on the Website placed before 12:00 noon, delivery of orders, once payment has been confirmed, shall be made to the address freely designated by the CONSUMER within the following estimated delivery times:
Delivery area | Estimated delivery time |
Spanish Peninsular Territory | From 1 to 4 working days after confirmation of payment. |
Balearic Islands1 | -4 working days after confirmation of payment |
Canary Islands | Not available at the moment due to logistical incapacity. |
Ceuta | Not available for the moment due to logistical incapacity |
Melilla | Not available at the moment due to logistical incapacity. |
European Union countries | 2 to 8 working days after confirmation of payment |
Other countries | Consultar |
In the event of a delay in the shipment of the goods and therefore our commitment to deliver the order within the estimated delivery time could not be fulfilled, THE COMPANY will contact the CONSUMER by e-mail or telephone call to resolve the incident in their order, proposing an alternative similar product, waiting for the selected product to be ready for shipment or proceeding to cancel the order.
As a general rule, and unless there are circumstances arising from the personalisation of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) selected within the delivery times indicated above and, in any case, within a maximum period of 30 working days from the date of confirmation of the order.
10.2. Deadlines for delivery of orders due to the COVID 19 health crisis.
The COMPANY informs, in order to enable CONSUMERS to manage their expectations, that the current situation we are going through may affect the normal delivery times of orders. CONSUMERS are also informed that the availability of the products offered on the website may be subject to possible restrictions on delivery times and schedules. Therefore, the COMPANY offers the CONSUMERS, in the event that it is impossible to make deliveries or that these may be delayed beyond the established deadline, the option of sending the orders once the current situation has been overcome, or of cancelling the order and refunding the amount paid as quickly as possible.
10.2.1. Hygiene measures for the preparation of orders due to the health crisis COVID 19.
Due to the COVID-19 health crisis, the following hygienic measures have been adapted by the COMPANY in the preparation of the packaging of orders placed via the website:
- Periodic disinfection of tables or counters where orders are prepared.
- Disinfection of packaging before delivery to the transport agency.
- Use of disposable gloves and hand washing with soap and water before and after putting on gloves.
10.2.2 How the delivery of COVID 19 health crisis orders will be carried out.
- Establishing a delivery system that does not involve collecting the CONSUMER’s signature on receipt of the order, such as writing down personal details.
- Depositing the order at the door of the home, respecting the safety distance until it is collected by the addressee.
- When delivering the order to the CONSUMER’s home, delivery drivers shall not share the lift with any other person in order to comply with the safety distance.
10.3. Shipping costs of products
As a general rule, shipping costs for orders of any amount and destination in any town in the Spanish mainland (except the Balearic Islands, Canary Islands, autonomous cities of Ceuta and Melilla) and countries that make up the European Union, are not included and their cost may vary.
Delivery zone | Shipping costs*. |
Spanish Peninsular Territory | 3,80 € (VAT included). Free of charge from 39,00 €. |
Balearic Islands | 7,99 € (VAT included). 7,99 € (VAT included). |
Islas Canarias | No disponible por el momento por incapacidad logística. |
Ceuta | Not available for the moment due to logistical incapacity |
Melilla | Not available at the moment due to logistical incapacity. |
European Union countries | From 7,00 € (VAT included). |
Other countries | Consult |
*The weight of the orders influences the shipping costs.
You can consult the shipping costs for orders destined for other countries not listed above by calling (+34) 856925095 or sending an email to info@ayur.bio
10.4. Delivery and customs
All domestic and international shipments require a signature on delivery.
- EU orders: no duties and taxes will be applied at borders on orders within the European Union.
- International orders: Duties may apply to orders destined for non-European countries arriving in the country of destination.
The recipient is solely responsible for the customs costs applied to an order at the time of delivery.
How does Brexit affect me if I am in the UK?
The United Kingdom is no longer part of the European Union. All orders are shipped from our warehouse in Spain so if you are shipping to the UK please be aware:
- orders under 135 GBP/150€, no additional costs will be charged.
- orders over £135 GBP/150 will be subject to additional customs charges on entry to the UK.
THE UNDERTAKER is not responsible for any additional charges levied at the UK border. The recipient is responsible for any additional costs that may be applied to your shipment.
UK Returns: To process returns from the UK, please follow the instructions in our Returns Policy or send an email to info@ayur.bio
10.5. Undeliverability
If it is impossible to deliver your order, the customer service department of the Website will contact the CONSUMER to arrange a new delivery date if you are not going to be at the place of delivery at the agreed time.
If, 15 days after your order has been made available for delivery, the order has not been delivered for reasons not attributable to the COMPANY, we will understand that you wish to withdraw from the contract and we will consider it terminated. As a consequence of the termination of the contract, we will refund to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of standard delivery offered by us) without undue delay and in any event not later than 14 days from the date on which we consider the contract to be terminated. Please note that the transport resulting from the resolution may incur additional costs, and we will be entitled to charge you for these costs.
If for any reason we are unable to meet the delivery date, we will inform you of this and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid.
For the purposes of these Conditions, ‘delivery’ or the order shall be deemed to have taken place or to have been ‘delivered’ at the moment when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The COMPANY does not assume any responsibility when the delivery of the order does not take place as a consequence of the data provided by the CONSUMER being false, inaccurate or incomplete, assuming any other responsibility related to the non-delivery of the order.
Notwithstanding the foregoing, the PERFORMER shall take the measures required of a diligent trader to ensure that delivery can be made within the agreed time.
If the CONSUMER does not receive the order within the delivery terms established in these conditions and from the date of dispatch from the warehouse, he/she can contact us by telephone (+34) 856925095 or by e-mail info@ayur.bio
The COMPANY will make every effort to meet the delivery date indicated and if it becomes aware that for any reason it will not be possible to meet the delivery date, it will inform the CONSUMER by e-mail or telephone.
The COMPANY shall inform the CONSUMER of the unavailability of the product as soon as it has been informed by the supplier thereof, or of the impossibility of supplying the requested product.
The CONSUMER may decide whether to cancel the order or request a quotation for an alternative product with similar characteristics.
10.6. Promotional codes: Terms and conditions
THE COMPANY may issue one-time use coupons or promotional codes as an incentive to CONSUMERS..
Where the COMPANY believes that a CONSUMER has wilfully circumvented the measures put in place to restrict such use, the COMPANY may adjust the CONSUMER’s subsequent order accordingly. When using promotional codes, it is the CONSUMER’s responsibility to ensure that the promotion or discount in question is accurately reflected at the time of payment and for the applicable period.
CONSUMERS should contact the COMPANY immediately if they detect any error or if the promotional code is not applied correctly in the purchase made.
The types of offers and promotions offered by the COMPANY may vary according to its own needs, indicating in each of the promotional codes made available to the CONSUMERS to which product purchase can be applied, the advantages of the same and the expiry dates of the same.
The offer is subject to valid registration and acceptance of the website’s standard terms and conditions.
The promotional code is not transferable and cannot be sold or redeemed. Only one promotional code can be used per CONSUMER and applies exclusively to purchases of products made through the website. Use of any promotional code constitutes acceptance of these terms and conditions.
The points programme, which offers discounts or bonuses to customers for purchasing or subscribing to certain services, is renewed on an ANNUAL basis. Redeemable points will expire at the end of the current year in which the purchase(s) and/or actions eligible for reward were made.
11. CANCELLATION OF ORDERS
11.1. Information on exercising the statutory right of withdrawal
Where the buyer is a CONSUMER and the contract is concluded without the simultaneous physical presence of both the CONSUMER and the BETTER (distance selling), the CONSUMER shall enjoy the right of withdrawal described in this section.
The CONSUMER has the recognised right of withdrawal of the purchase made through the Website and therefore, if he/she is not satisfied, and provided that the nature of the service purchased so permits, he/she may return it within a maximum period of fourteen (14) calendar days, without the need for justification and without penalties for its exercise.
The deadline for exercising this right is 14 calendar days from the day on which the CONSUMER or a third party indicated by the CONSUMER (other than the carrier) receives the purchased product or from the day on which the last good is received, in the case of delivery of the same order in several shipments.
In order to exercise the right of withdrawal, the CONSUMER must give notice of his decision to withdraw from the contract by means of a declaration made in any legally admissible form. You may use the standard withdrawal form below, although its use is not compulsory.
11.2. Model withdrawal form
1. particulars of the employer
NORTEM CHEM, S.A.
N.I.F.: A95234191
Address: P.I. Las Salinas – C/ Alexander Humboldt, 12 – 11500 El Puerto de Santa María, Cádiz (Spain)
Tel. (+34) 630 669 515 | E-mail: info@ayur.bio
2. I hereby inform you that I hereby withdraw from the purchase/sale contract for the following product ___ purchased on ___.
3. Consumer name
4. DNI/NIE
5. Consumer domicile
6. Telephone
7. E-mail
8. Signature
9. Date
To exercise the right of withdrawal, the CONSUMER must notify the COMPANY of his decision to withdraw from the purchase contract by means of a written communication addressed to the postal address P.I. Las Salinas – C/ Alexander Humboldt, 12 – 11500 El Puerto de Santa María, Cádiz (Spain) or by e-mail addressed to info@ayur.bio If you make use of this option, we will inform you immediately by e-mail that we have received your cancellation.
Click here to download the withdrawal form.
11.3. Consequences of the statutory right of withdrawal
In case of withdrawal, the COMPANY will reimburse the consumer the total amount of the purchase, i.e. the price of the product plus the initial shipping costs when making the purchase, before fourteen (14) calendar days have elapsed from the date on which it has been informed of the consumer’s decision to withdraw from the contract using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and provided that the consumer does not incur any costs as a result of the reimbursement.
The refund of the purchase price shall be made by the same means of payment used by the CONSUMER for the initial transaction, unless the CONSUMER has expressly provided otherwise and provided that the CONSUMER does not incur any costs as a result of the refund.
The COMPANY may withhold reimbursement to the consumer of the full purchase price, until it has received the goods, or until the CONSUMER has provided reliable and verified proof of the return of the goods, whichever is the earliest.
In any case, for the purposes of making use of the right of withdrawal, it is not a condition that the products are returned in their original packaging.s. The COMPANY informs the CONSUMER that if the goods are not returned in the same original packaging, the goods may be subject to depreciation. In the event that they are returned without the original packaging or with damage, the amount to be paid to the CONSUMER for the return of the product shall be reduced by the corresponding amount.
The CONSUMER shall be liable for any diminished value of the goods resulting from the handling of the goods other than what is necessary to establish their nature or characteristics.
In any case, for the purposes of making use of the right of withdrawal, it is essential that the returned products are in perfect condition for their subsequent sale. Before returning the product, the CONSUMER must ensure that the product is properly protected so that it does not suffer any damage during transport.
The CONSUMER is informed that when exercising the right of withdrawal, the cost of returning the purchased products (return costs) from their home address to the COMPANY’s warehouse will always be borne by the CONSUMER.
In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent, in the form and substance described, before the expiry of the withdrawal period.
11.4. Exceptions to the statutory right of withdrawal
In accordance with the provisions of article 103 section d) of Royal Legislative Decree 1/2007, of 16 November, which approves the Revised Text of the General Law for the Defence of Consumers and Users and other complementary laws, the right of withdrawal shall not be applicable, including, specifically but not exclusively, to contracts that refer to:
- The provision of services, once the service has been fully performed, and if the contract imposes on the consumer or user an obligation to pay, when performance has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the trader has fully performed the contract, he will have lost his right of withdrawal.
- For health reasons, food products, once the packaging has been opened, may not be returned under any circumstances.
- The supply of goods made to the specifications of the consumer and user or clearly personalised.
- The supply of goods that are likely to deteriorate or expire quickly.
- 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 supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
Thus, the CONSUMER has no right of withdrawal if the COMPANY supplies goods which are manufactured according to the specifications of the CONSUMER, which are clearly designed according to the CONSUMER’s needs, which have been handled after delivery or if the CONSUMER has ordered the provision of a service before the expiry of the withdrawal period.
12. GUARANTEES APPLICABLE TO THE PRODUCTS
All goods purchased by the CONSUMER through the COMPANY’s Website are covered by a legal guarantee of three years against any lack of conformity that may appear, from the date of delivery and under the conditions and with the means of proof regulated in the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, modified by Royal Decree-Law 7/2021, of 27 April, without prejudice to the COMPANY’s powers to verify the veracity of the defects, their origin and the time of their appearance.
The guarantee period starts to run from the moment the COMPANY delivers the goods to the CONSUMER, which is presumed to have been made on the date that appears on the invoice, purchase receipt or on the delivery note if it is later.
Contracts for the sale of existing goods or goods to be produced or manufactured are included in the scope of the statutory warranty.
Conformity of goods
The goods, which the COMPANY delivers to the CONSUMER, shall be deemed to be in conformity with the contract if they comply with the applicable subjective and objective requirements, provided that, where applicable, they have been correctly installed or integrated, without prejudice to the rights of third parties, if, as a result of an infringement of third party rights, in particular intellectual property rights, the use of the goods is prevented or restricted, the CONSUMER may also demand, in the event of non-conformity, the corrective measures provided for, unless a law provides for the termination or nullity of the contract in such cases.
Incompatibility of shares
The exercise of the actions provided for in the warranty and after-sales services shall be incompatible with the exercise of the actions arising from the remedies provided for in the Civil Code.
In any case, the CONSUMER shall have the right, in accordance with civil and commercial legislation, to be compensated for damages arising from the lack of conformity.
Non-conformity of goods
The COMPANY shall be liable to the CONSUMER for any lack of conformity which exists at the time of delivery of the goods and which becomes apparent during the three years following delivery, and the CONSUMER may, by means of a simple declaration, demand that the COMPANY remedy the lack of conformity, reduce the price or terminate the contract.
In any of these cases, the CONSUMER may also demand compensation for damages, if applicable.
The CONSUMER shall be entitled to suspend payment of any outstanding part of the price of the purchased good until the COMPANY fulfils its obligations and restores the good to conformity.
If, as a result of an infringement of third party rights, in particular intellectual property rights, the use of the goods is prevented or restricted, the CONSUMER may also demand, in the event of non-conformity, the corrective measures provided for, unless a law provides for the termination or nullity of the contract in such cases.
Legal regime for bringing into conformity
If the good is not in conformity with the contract, the CONSUMER shall be entitled to choose between repair or replacement, unless one of these two options is impossible or, in comparison with the alternative remedy, would entail disproportionate costs for the PERFORMER, taking into account all the circumstances, as well as if the alternative remedy could be provided without major inconvenience for the CONSUMER.
The COMPANY may refuse to bring the goods into conformity when this proves impossible or involves disproportionate costs, taking into account all the circumstances, including but not limited to:
- The value that the goods would have had if there had been no lack of conformity.
- The relevance of non-conformity.
The corrective measures for bringing into compliance shall comply with the following rules:
- They shall be free of charge for the CONSUMER. This free of charge shall include the costs necessary to bring the goods into conformity, in particular the costs of postage, transport, labour or materials.
- They shall be carried out within a reasonable period of time after the UNDERTAKER has been informed by the CONSUMER of the non-conformity.
- They shall be carried out without major inconvenience to the CONSUMER, taking into account the nature of the goods and their intended purpose for the CONSUMER.
If the goods are repaired or replaced, the CONSUMER shall place them at the disposal of the COMPANY and the latter shall, if necessary, take back the replaced goods at its own expense in the manner that causes the least inconvenience to the CONSUMER, depending on the type of goods in question.
The goods sent by the CONSUMER to be replaced must match those sent by the COMPANY, enclosing the invoice or proof of purchase and must be perfectly packaged and protected. If the good arrives at the COMPANY’s premises damaged due to inadequate packaging or protection, the repair may not be covered by the guarantee and the CONSUMER shall be informed accordingly.
Legal regime for the reduction of the price and termination of the contract.
- The CONSUMER may demand a proportionate reduction of the price or the termination of the contract in any of the following cases:
- In relation to goods, where the corrective measure of bringing them into conformity would be impossible or disproportionate.
- The COMPANY has not carried out the repair or replacement of the goods or has not done so in accordance with the provisions of sections 5 and 6 of Article 118 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, or has not done so within a reasonable period of time, provided that the CONSUMER has requested a reduction in price or the termination of the contract.
- Any lack of conformity appears after the COMPANY’s attempt to bring the goods into conformity.
- The lack of conformity is so serious as to justify immediate reduction of the price or termination of the contract.
- The UNDERTAKER has declared, or it is clear from the circumstances, that it will not bring the goods into conformity within a reasonable time or without major inconvenience to the CONSUMER.
Price reduction
The price reduction shall be in proportion to the difference between the value that the goods would have had at the time of delivery or supply if they had been in conformity with the contract and the value that the goods actually delivered or supplied have at the time of such delivery or supply.
Termination of the contract
The CONSUMER shall exercise the right to terminate the contract by means of an express declaration to the COMPANY indicating his wish to terminate the contract.
The termination will not proceed when the lack of conformity is of minor importance, except in cases in which the CONSUMER has provided personal data as consideration, with the burden of proof falling on the COMPANY.
Where the lack of conformity relates only to some of the goods delivered under the same contract and there are grounds for termination, the CONSUMER may terminate the contract only in respect of those goods and, in respect of any of the other goods, may also terminate the contract if the CONSUMER cannot reasonably be expected to agree to keep only the conforming goods.
The obligations of the parties in the event of termination of the contract for the sale of goods shall be as follows:
- The price paid for the goods shall be reimbursed by the COMPANY to the CONSUMER upon receipt of the goods or, as the case may be, of proof provided by the CONSUMER that the goods have been returned.
- The CONSUMER shall return the goods to the COMPANY at the latter’s expense.
Plazo de manifestación de la disconformidad
In the case of a contract for the sale of goods in a single act or in a series of individual acts, the PERFORMER shall be liable for any lack of conformity which exists at the time of delivery and which becomes apparent within three years of delivery of the goods.
Burden of proof
In the absence of proof to the contrary, it shall be presumed that any lack of conformity which becomes apparent within two years of delivery of the goods in a single act or in a series of individual acts, already existed when the goods were delivered, except where for the goods this presumption is incompatible with their nature or the nature of the lack of conformity (misuse, lack of care on the part of the CONSUMER, or an external cause such as a fall or blow) in which case the legal guarantee shall not be applicable.
In the event that the defect appears during the third year of the guarantee, it shall be up to the CONSUMER to prove that the defect existed when the good was delivered.
Suspension of time limits
Corrective measures to bring the good into conformity suspend the running of the time limit for the manifestation of non-conformity as well as the time limit for the burden of proof.
The period of suspension shall commence at the time the CONSUMER places the goods at the disposal of the COMPANY and shall end at the time the goods are delivered to the CONSUMER in conformity with the contract.
During the year following the delivery of the goods already in conformity, the COMPANY will be liable for the lack of conformity that motivated the conformity, being presumed to be the same lack of conformity when the defects of the same origin as those initially manifested are reproduced.
Supporting documentation
In the absence of proof to the contrary, the delivery or supply shall be deemed to have taken place on the day shown on the invoice or purchase receipt, or on the corresponding delivery note if this is later.
The COMPANY shall deliver to the CONSUMER who exercises his right to bring the goods into conformity, documentary evidence of the provision of the goods by the CONSUMER, stating the date of delivery and the lack of conformity which gives rise to the exercise of the right, as well as documentary evidence of the delivery to the CONSUMER of the goods already in conformity, stating the date of this delivery and the description of the corrective measure carried out.
Statute of limitations
The action to claim the fulfilment of the responsibility of the COMPANY and the rights of the CONSUMER, will prescribe after five years from the manifestation of the lack of conformity.
The CONSUMER has a period of five years from the appearance of the defect to claim the exercise of the guarantee, which must have appeared within three years after the delivery of the good by the COMPANY.
Action against the producer and action for recourse
If it is impossible or excessively burdensome for the CONSUMER to contact the UNDERTAKER about the lack of conformity, the CONSUMER may complain directly to the producer in order to have the good brought into conformity.
In general, and without prejudice to the cessation of the producer’s liability, the producer shall be liable, under the same terms and conditions as those established for the COMPANY, for the lack of conformity when this refers to the origin, identity or suitability of the goods, in accordance with their nature and purpose and with the rules that regulate them.
The party liable to the CONSUMER shall have a period of one year to take action against the party responsible for the lack of conformity. This period shall be calculated from the time when the corrective measure was implemented.
Exclusions from the guarantee
Defects caused by improper use or manipulation, or defects resulting from any external cause, are excluded from the guarantee.
Furthermore, the guarantee does not cover damage caused by external factors such as atmospheric phenomena, fire, water, abnormal use of the goods, burns, cuts, scratches, wrinkles, marks, scratches or other damage that may be caused by animals, accidental falls or improper use.
Claims for natural loss of brightness or degradation of brightness, deterioration of colour due to exposure to sunlight or other heat sources, as well as the use of or contact with chemical products and treatment with non-indicated cleaning products are exempt from warranty coverage.
Exemption from liability
The COMPANY is not obliged to compensate the CONSUMER or third parties for the consequences of the improper use of the goods, be they direct or indirect damage, accidents suffered by persons, damage to property other than the purchased goods, loss of profit or loss of earnings.
To find out about the steps to follow in the event of problems with a product, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly by telephone on (+34) 856925095, by Whatsapp (+34) 678 54 97 92 or by email at info@ayur.bio
13. RETURN OF PRODUCTS
The CONSUMER has the possibility of returning products received in poor condition for consumption (provided that the defect was not due to tampering or misuse by the CONSUMER), are incorrect with respect to the one ordered or have been damaged in transport.
Orders can be cancelled free of charge up to the time of shipment.
If we receive notice of cancellation after the order has been shipped, it will be considered a return.
The right of return cannot be exercised when there are indications that the products have been opened, used, manipulated or exposed to unsuitable conditions of use.
In cases where the CONSUMER considers that at the time of delivery the product does not comply with the contract, he/she should contact the COMPANY within 48 hours of receipt of the order by e-mail. info@ayur.bio providing your name and surname, order number, order date and the product(s) you wish to return, confirming its condition by sending photos to prove that the product is indeed defective, has manufacturing defects or that there is a mistake in the item sent.
The COMPANY will contact the CONSUMER within 24 business hours.
The CONSUMER shall be responsible for the costs incurred for the return of the product, unless they are due to an error in the delivery by the COMPANY or when the product has a manufacturing defect.
Once the original goods have been received, the condition of the goods will be checked and the COMPANY will inform the CONSUMER by e-mail whether the CONSUMER is entitled to exchange the defective product for an identical one or to a refund of the amount of the order.
However, the COMPANY may withhold reimbursement until it has received the goods, or until the CONSUMER has provided proof of return of the goods, whichever condition is met first.
The COMPANY only accepts returns of products purchased on the Website, which have not been opened, due to breakage in transport, which have not been tampered with or which are defective in the factory, within a maximum period of 14 days from the date of delivery of the goods.
It is a condition that the products are returned in their original packaging and that they are properly protected. La EMPRESA informa al CONSUMIDOR de que si la mercancía no se devuelve en el mismo embalaje original, la mercancía podrá ser objeto de depreciación.
If any of the above conditions are missing or not met, the COMPANY will not proceed to refund the purchase amount, as it will not be accredited that the commercial transaction has been carried out correctly.
If, on the other hand, once the goods have been received and the COMPANY has examined them and accepted the return, the CONSUMER will be informed by e-mail that the refund is appropriate.
Any reimbursement to be made by the DEALER to the CONSUMER due to price reduction or termination of the contract shall be executed without undue delay and in any case within fourteen days from the date on which the DEALER has been informed of the consumer’s decision to claim his entitlement.
Notwithstanding the above, in the case of the termination of a contract for the sale of goods, the time limit for reimbursement shall start to run from the time the trader has received proof from the consumer that he has returned the goods.
The COMPANY shall carry out the reimbursement indicated in the previous paragraph using the same means of payment used by the CONSUMER for the purchase of the good, unless otherwise expressly agreed between the parties, and provided that it does not entail an additional cost for the CONSUMER. The COMPANY may not impose any charge for reimbursement on the CONSUMER.
To find out how to return a damaged, incorrect or defective product during shipment, please contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly by telephone (+34) 856925095 or by e-mail info@ayur.bio
Click here to download the Junta de Andalucía complaint forms.
14. INFORMATION ON THE PROCESSING OF PERSONAL DATA
In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (GENERAL DATA PROTECTION REGULATION – GDPR EU 2016/679) and in the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), THE COMPANY informs CONSUMERS of the Website that https://ayur.bio that all personal data provided by filling in the electronic contact or registration forms on the Website, by sending e-mails to the different e-mail accounts under the ayur.bio Internet domains that form part of the Register of Processing Activities (RAT) of the COMPANY, which will be updated periodically in accordance with the provisions of the RGPD EU 2016/679., for use by the different departments of the company for the purpose of providing the CONSUMER with our services, processing them (management, collection and dispatch of the products purchased), sending the newsletter about the COMPANY’s offers, promotions and recommendations, as well as sending commercial communications about our products by letter, telephone, e-mail, SMS/MMS, WhatsApp, Telegram or other equivalent means of electronic communication, provided that the interested party has consented to the processing of their personal data for this purpose.
The legitimacy of the processing is based on the performance of a contract to which the data subject is a party or for the implementation at his or her request of pre-contractual measures or by obtaining the data subject’s express consent. We will retain your personal data for as long as there is a mutual interest in doing so, from the time you give us your consent until you revoke it or request the restriction of processing. In such cases, we will keep your data blocked for the legally required periods. The data will not be communicated to third parties, unless legally obliged to do so.
By entering their data in the electronic forms on the Website, the CONSUMER grants their explicit and unequivocal consent to the COMPANY to proceed, in compliance with the purposes mentioned in the previous section, to the processing of the personal data provided.
Such data will not be transferred by the COMPANY to third parties without the explicit and unequivocal consent of the CONSUMER. This is without prejudice to the COMPANY’s duty to cooperate with the competent administrative and judicial bodies that may require data on the CONSUMER concerned.
Likewise, THE COMPANY informs the CONSUMER of the possibility of exercising the rights of access to personal data, rectification, erasure (right to be forgotten), limitation of processing, data portability, opposition to processing and not to be subject to automated individual decisions and, when the processing is based on consent, the right to withdraw it at any time, by writing to the postal address P.I. Las Salinas – C/ Alexander Humboldt, 12 – 11500 El Puerto de Santa María, Cádiz (Spain) or via the e-mail address rgpd@ayur.bio, in both cases, the affected party must enclose legally valid proof of identity, such as a photocopy of the DNI/NIE/Passport, and clearly indicate the right he/she wishes to exercise.
If you consider that the processing does not comply with current legislation or you consider that your rights have been violated, you may also file a complaint with the Spanish Supervisory Authority at https://www.aepd.es. You can consult our Privacy Policy at https://ayur.bio/politica-privacidad.
15. LIABILITY AND DISCLAIMER OF LIABILITY
THE COMPANY cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, or that the Website will be available or accessible one hundred percent of the time. The Web Site is hosted on a secure server with the necessary SSL security certificate, these being the tools available to the COMPANY to control the absence of viruses, worms or any other harmful computer element.
Under no circumstances shall the unavailability of the Website, or the existence of faults in it, entitle the CONSUMER or third parties to claim any type of remuneration or compensatory benefit for any reason whatsoever.
16. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Web Site, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the COMPANY or, if applicable, it has a licence or express authorisation from the authors.
All the contents of the Website are duly protected by intellectual and industrial property regulations, as well as being registered in the corresponding public registers.
The total or partial reproduction, use, exploitation, distribution and commercialisation requires in any case the prior written authorisation of the COMPANY.
Any use not previously authorised by the COMPANY will be considered a serious breach of the author’s intellectual or industrial property rights.
The designs, logos, text and/or graphics not belonging to the COMPANY and which may appear on the Web Site belong to their respective owners, and they themselves are responsible for any possible controversy which may arise with respect to the same.
The COMPANY recognises in favour of its owners the corresponding industrial and intellectual property rights, and the mere mention or appearance on the Website does not imply the existence of any rights or responsibility of the COMPANY over the same, nor any endorsement, sponsorship or recommendation by the same.
17. LINKS
The establishment of a hyperlink does not imply in any case the existence of a relationship between the COMPANY and the owner of the Web Site in which it is established, nor the acceptance and approval by the COMPANY of its contents or services.
Persons intending to establish a hyperlink must request prior written authorisation from the COMPANY. In any case, the hyperlink will only allow access to the home-page or home page of the websites, and must also refrain from making false, inaccurate or incorrect statements or indications about the COMPANY, or include illegal content, contrary to good customs and public order.
The COMPANY is not responsible for the use that each user makes of the information made available on the Website nor for the actions carried out on the basis of the same.
The COMPANY assumes no responsibility whatsoever for the information contained in third party web pages which can be accessed by ‘links’ from any web page owned by the COMPANY. The presence of links on the COMPANY’s Web Site is merely for information purposes and in no case implies a suggestion, invitation or recommendation of the same.
18. GENERAL
These terms and conditions have been set out in advance, in accordance with current legislation. Furthermore, THE ENTERPRISER makes these General Terms and Conditions available to you, so that they can be stored and reproduced, thus complying with the legal duty of prior information.
THE COMPANY reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Web Site, the functionalities of the same and/or the contents that are incorporated. As well as to cease the provision of services at any time, while maintaining intact the commercial obligations or any other type of obligations acquired up to that moment.
In the event that any provision or provisions of these Conditions of Purchase shall be held to be void or unenforceable, in whole or in part, by any competent Court, Tribunal or administrative body, such invalidity or unenforceability shall not affect the remaining provisions. In such a case, the clause or clauses concerned shall be replaced by another clause or clauses having the closest effect to those replaced.
19. CUSTOMER SERVICE AND AFTER-SALES SERVICE
If you have any queries, suggestions, complaints or claims relating to the contracting of the products, please send an e-mail to info@ayur.bio, contact through the Whatsapp number (+34) 678 54 97 92 or by calling the Customer Service Department on (+34) 856925095, during the following telephone hours:
- from Monday to Friday from 07:00 hours to 15:00 hours
- closed on Saturdays, Sundays and local/regional/national holidays
20. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
In the event that the CONSUMER has had a problem with a purchase or the provision of an online service, he/she may use this means to file any complaint in relation to said purchase or provision of services, as well as to opt for an out-of-court settlement of the conflict that has arisen.
Pursuant to the provisions of Article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and Law 7/2017 of 2 November, which transposes into Spanish law Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution in consumer matters, THE COMPANY makes the following link available to users of the Website: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
Through this link, CONSUMERS on the Website will be able to access the European Platform for Online Dispute Resolution in Consumer Disputes (ODR).
21. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in the performance of any of our obligations where such failure or delay is due to events beyond our reasonable control (‘Force Majeure’).
Force Majeure shall include any act, event, default, omission or accident beyond our reasonable control, including but not limited to the following:
- Strikes, lockouts or other industrial action.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Strikes, lockouts or other industrial action.
- Strikes, lockouts or other industrial action.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Obligations shall be deemed to be suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to perform such obligations for a period of time equal to the duration of the Force Majeure Event. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution that allows us to fulfil our obligations despite the Force Majeure Event.
22. JURISDICTION
For the resolution of all disputes or questions related to this website or the activities carried out therein, Spanish legislation shall apply, to which the parties expressly submit themselves, and the Courts and Tribunals of El Puerto de Santa María, Cádiz (Spain) shall be competent for the resolution of all disputes arising from or related to its use, unless the user is a consumer, in which case the parties submit themselves to the Courts and Tribunals of the place where the consumer has his or her habitual residence.
If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall remain in force in all other respects and such provision shall be considered totally or partially as not included.
Likewise, these terms and conditions are subject to any other provision, regulation or law that is directly or indirectly applicable to them.