General Purchasing Terms and Conditions
1. GENERAL INFORMATION
The ownership of this website https://theweddingscent.com, (hereinafter referred to as the Website) is held by: WEDDINGS WITH LOVE SL, with NIF: B90472580 and registered in: Registro mercantil de Sevilla; and whose registration details are: Tomo 6873 Folio 125 Hoja SE-125910, and whose contact details are:
- Address: C/ Gemologia, 9 41015 Sevilla
- Contact phone number: 687 025 152
- Contact email: email@example.com
This document (as well as any other documents mentioned herein) regulates the conditions governing the use of this Website (https://theweddingscent.com) and the purchase or acquisition of products and/or services on it (hereinafter, “Conditions”). For the purposes of these Conditions, it is understood that the activity that The Wedding Scent carries out through the Website includes: Sale of aromatization products: candles, diffusers, sprays, candleholders, and solid air fresheners.
Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website, as those that are in force at the time of requesting the purchase of products and/or services will be applicable. For any questions that the User may have regarding the Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.
Access, navigation, and use of the Website grants the status of user (hereinafter referred to, interchangeably, individually as User or collectively as Users). Therefore, all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment the User begins browsing the Website, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for the proper use of the Website. This responsibility extends to:
- Using this Website solely for legally valid consultations and purchases or acquisitions.
- Not making 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.
- Providing truthful and lawful contact details, such as email address, postal address, and/or other details (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years old and to have legal capacity to enter into contracts through this Website. The User may formalize, at their choice, with The Wedding Scent 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. PURCHASING PROCESS
Users can buy on the Website through the established means and forms. They must follow the online purchase and/or acquisition process on https://theweddingscent.com, during which various products and/or services can be selected and added to the shopping cart, basket, or final purchase space, and finally click on “Checkout”.
Likewise, the User must fill in and/or verify the information requested at each step, although during the purchase process, before making the payment, the purchase details can be modified. Subsequently, the User will receive an email confirming that The Wedding Scent has received their order or request for purchase and/or service provision, i.e., the order confirmation. And, if applicable, they will also be informed by email when their purchase is being shipped. Once the purchase process is completed, the User may request an invoice for their order at the email address firstname.lastname@example.org.
At the time of purchase, the User acknowledges being aware of certain particular sales conditions regarding the product and/or service in question, which are displayed alongside the presentation or image of it on the Website page, indicating, by way of example but not exhaustively, and depending on each case: name, price, components, weight, quantity, color, product details or features, the manner in which they will be carried out, and/or the cost of the services. The User acknowledges that the completion of the purchase or acquisition order constitutes full and complete acceptance of the particular sales conditions applicable in each case.
All purchase orders received by The Wedding Scent through the Website are subject to product availability and/or to no circumstance or cause of force majeure (clause nine of these Terms) affecting the supply of the products and/or the provision of the services. If there are difficulties in supplying products or no products are in stock, The Wedding Scent agrees to contact the User and reimburse any amount that may have been paid as payment. This will also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€), and include taxes, unless legally required, especially with regard to VAT, in which case a different issue will be indicated and applied. Shipping costs are not included in the final prices of the products as shown on the Website. Thus, The Wedding Scent carries out delivery and/or shipping services through DHL, and shipping costs will be added before completing the purchase. The Website will not automatically add additional costs to the price of a product or service, only those that the User has voluntarily and freely selected and chosen. Prices may change at any time, but any possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The accepted payment methods will be: credit or debit card, Paypax or Klarna. Credit cards will be subject to checks and authorizations by the issuing bank, and if such bank does not authorize payment, The Wedding Scent will not be responsible for any delay or failure to deliver and will not be able to formalize any contract with the User. In any case, by clicking on “Complete purchase”, the User confirms that the payment method used is their own.
In cases where physical delivery of the contracted goods is required, deliveries will be made in the following territory: Spain (Peninsula and Balearic Islands), and outside Spain. Except in cases of unforeseen or extraordinary circumstances, or in the case of product customization, 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 60 natural days from the date of the order confirmation.
If for any reason, for which it is responsible, The Wedding Scent cannot meet the delivery date, it will contact the User to inform them of this circumstance, and they may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order 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 arrange for it to be delivered again. If the User will not be at the delivery location during the agreed time slot, they must contact The Wedding Scent to arrange for delivery on another day. If 30 days have elapsed since the order is available for delivery, and it has not been delivered due to a reason not attributable to The Wedding Scent, The Wedding Scent will understand that the User wishes to withdraw from the contract, and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will not be refunded.
If there is a return by the user, they must bear in mind that the transport resulting from the resolution may have an additional cost that may be passed on to them. For the purposes of these Conditions, it shall be understood that delivery has occurred or that the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.
The risks arising from the products shall be borne by the User from the moment of delivery. The User acquires ownership of the products when The Wedding Scent 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 later time than the complete receipt of the payment amount by The Wedding Scent.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall 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 shall be the legally prevailing one at any given time depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is informed that in the event that they detect that an error has occurred when entering the necessary data to process their purchase request on the Website, they may modify it by contacting The Wedding Scent through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the 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 their personal space for connecting to the Website.
In cases where the User purchases products on or through the Website of the owner, they have certain rights, as listed and described below:
Right of Withdrawal
As a consumer, the User makes a purchase on the Website and, therefore, has the right to withdraw from such purchase within a period of 14 natural days without the need for justification.
This withdrawal period will expire 15 natural days from the day the User or a third party authorized by him, other than the carrier, acquired physical possession of the goods purchased on The Wedding Scent Website. In the case of goods that comprise separate deliveries, the withdrawal period will expire 15 natural days from the day the User or a third party authorized by him, other than the carrier, acquired physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 15 natural days from the day the contract was concluded.
To exercise this right of withdrawal, the User must notify his decision to The Wedding Scent. He may do so, if applicable, through the email address email@example.com.
The User, regardless of the means chosen to communicate his decision, must express clearly and unequivocally his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template. To fill out this form, the user must send an email to firstname.lastname@example.org. To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.
In the event of withdrawal, The Wedding Scent will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a different shipping method than the least expensive one offered on the Website), without undue delay and, in any case, no later than 14 natural days from the date on which The Wedding Scent is informed of the User’s decision to withdraw.
The Wedding Scent will reimburse the User using the same payment method used by him for the initial purchase transaction. It is possible to return the product within the first 15 days from its receipt, provided that it has not been manipulated and all products are in perfect condition. To do so, an email must be sent to email@example.com with the order number and the reason for the return, and the indicated instructions must be followed.
The order will be returned in full, and returns of individual products are not accepted. The customer bears the return costs. The User may return or send the products to The Wedding Scent at c/ Laraña, 6, 3C – 41003 Sevilla, without undue delay and, in any case, no later than 7 natural days from the date on which The Wedding Scent was informed of the User’s decision to withdraw.
The User acknowledges that he must bear the direct cost of returning the goods (transport, delivery), if any. In addition, he will be responsible for any decrease in the value of the products resulting from any handling other than what is necessary to establish the nature, characteristics, and operation 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 November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Among others, this would be the case of personalized products, products that may deteriorate or expire quickly. In their return, the products must not have been used or manipulated, and all products must be in perfect condition.
In the same sense, the provision of a service that the User may contract on this Website is governed, since the same Law establishes that the Right of Withdrawal will not apply to Users when the provision of the service has been completely executed, or when it has started, with the express consent of the consumer and user and with their recognition that, once the contract has been completely executed by The Wedding Scent, they will have lost their right of withdrawal. In any case, no refund will be made if the product has been used, if the products are not in the same conditions in which they were delivered or if they have suffered any damage after delivery.
Likewise, products must be returned using or including all their original packaging, instructions, and other documents that may accompany them, as well as a copy of the purchase invoice.
Return of detective products or shipping errors
This refers to all 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 therefore, they must contact The Wedding Scent immediately and inform them of the existing non-compliance (defect/error) through 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 once returned, they will be examined, and the User will be informed within a reasonable period of time whether a refund or, where appropriate, a replacement is due. The refund or replacement of the product will be made as soon as possible and, in any case, within 15 days following the date on which we send an email confirming that the refund or replacement of the non-conforming item is due.
The amount paid for those products that are returned due to a defect, when there is actually one, will be fully refunded, including delivery costs and any costs that the User may have incurred to return the product. 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 current legislation for the User, as a consumer and user, will always be respected.
It is understood that products are in compliance with the contract as long as they comply with the description made by The Wedding Scent and possess the qualities presented therein, are suitable for the uses to which products of the same type are ordinarily intended, and present the usual quality and performance of a product of the same type that can be fundamentally expected of it. When this is not the case with the products delivered to the User, they must proceed as indicated in the section on Return of defective products or shipping errors. However, some of the products marketed on the Website may present non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured and will therefore be part of the individual appearance of the product and not a defect.
9. DISCLAIMER OF LIABILITY
Except where provided otherwise by law, The Wedding Scent shall not accept any liability for the following losses, regardless of their origin:
- Any losses not attributable to any breach on their part;
- Business losses (including loss of profits, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of products between both parties was formalized. Likewise,
The Wedding Scent also limits its liability in the following cases:
- The Wedding Scent applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
- The Wedding Scent will act with the utmost diligence to make the product available to the transport company responsible for the order. However, it is not responsible for damages arising from a malfunction of the transport, especially due to causes such as strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or theft of the product.
- Technical failures that by fortuitous or other causes, prevent normal operation of the service over the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. The Wedding Scent makes every effort to carry out the process of purchasing, payment, and shipping/delivery of products, however, it is exempt from liability for causes that are not attributable to it, force majeure or fortuitous event.
- The Wedding Scent will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, The Wedding Scent will not be responsible for an incorrect return made by the User. It is the User’s responsibility to return the correct product.
In general, The Wedding Scent will not be responsible for any non-compliance or delay in compliance with any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, in an enunciative but not exhaustive manner:
- Strikes, lockouts, or other labor disputes.
- 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, airplanes, motor transport, or other means of transportation, 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 The Wedding Scent will have an extension of the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. The Wedding Scent will make every reasonable effort to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most of the communications with The Wedding Scent will be electronic (via email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that The Wedding Scent sends electronically comply with the legal requirement of being in writing. This condition will not affect the rights recognized by law for the User.
The User may send notifications and/or communicate with The Wedding Scent through the contact details provided in these Terms and Conditions and, where appropriate, through the contact spaces on the Website. Likewise, unless otherwise stipulated, The Wedding Scent may contact and/or notify the User via email or the provided postal address.
No waiver by The Wedding Scent of a particular right or legal action or failure to require strict compliance by the User with any of its obligations shall constitute, nor be deemed to be, a waiver of other rights or actions arising from a contract or the Terms and Conditions, nor excuse the User’s performance of its obligations. No waiver by The Wedding Scent of any of these Terms and Conditions or of any rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and made in writing and communicated to the User.
If any of these Terms and Conditions are declared null and void by a competent authority’s final resolution, the remaining clauses will remain in force without being affected by said declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document to which explicit reference is made herein constitute the entire agreement between the User and The Wedding Scent regarding the purchase and sale object and supersede any other agreement, pact, or promise previously agreed orally or in writing by the same parties.
The User and The Wedding Scent acknowledge that they have consented to the conclusion of a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
Accessing, browsing, and/or using this Website and purchasing products through it shall be governed by Spanish law. Any dispute, problem, or disagreement arising from or related to accessing, browsing, and/or using the Website, or the interpretation and execution of these Terms and Conditions, or the sales contracts between The Wedding Scent and the User shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User may send their complaints, claims, or any other comments they wish to make to The Wedding Scent through the contact details provided at the beginning of these Terms and Conditions (General Information).
Additionally, The Wedding Scent provides official complaint forms available to consumers and users, which can be requested from The Wedding Scent at any time using the contact information provided at the beginning of these Terms and Conditions (General Information).
Furthermore, in the event of a dispute arising from the purchase contract between The Wedding Scent and the User, the User as a consumer may request an out-of-court settlement of the dispute in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.