Update date: Aug 24, 2023
These contracting terms and conditions apply to users, hereinafter referred to as "The User" or "Users", who make purchases of goods and/or services on the website youraromacircle.com, hereinafter "The Website", owned by the entity Nastech Technologies SL, with Spanish tax identification number 93600013 and address at Cmno. Colmenar, num. 7, planta 1, puerta 5, 29013, Málaga, Spain, hereinafter "The Company".
The acceptance of these terms and conditions constitutes a legal contract between The Company and The User, therefore the user confirms that they have the legal and sufficient capacity to be part of this contract according to the laws of their country of residence. This contract will be considered a general contract in which each of the specific contracts for the purchase of specific goods and/or services that The User orders will be framed, perfecting said purchases with the delivery of the goods or services by The Company and the corresponding payment by The User, documenting said transactions in the corresponding invoice or payment receipt.
1. Object of the contract
1.1. By accepting this contract, it is agreed that The Entity will sell the products (physical and/or digital) and/or will provide the services that the User decides to acquire or contract, among those available in the web page, committing the User to pay the stipulated price for each good or service available on the website.
1.2. The User has the possibility of purchasing the products of their choice offered on the Website or join the loyalty program, making recurring credit recharges to benefit from more advantageous conditions, as described below.
1.3. The Website will establish, at its free discretion, the supply of goods and services available on the website, as well as the existing stock for each product, being able to modify said availability as it deems appropriate and at the time it deems appropriate.
1.4. The products available on the Website will have a different price for membership users and non-member users, and said price will be subject to changes in the market and offers from third-party providers.
2. Delivery of goods
2.1. The delivery time is indicated on each of the products on the Website and will normally vary between 2 and 7 business days, unless explicitly stated otherwise. In any case, delivery will be made within a maximum period of 30 calendar days from placing the order.
2.2. The products will be sent through professional carriers hired for this purpose, who will deliver them to the address indicated in the order.
2.3. In the event that a product is not delivered within the agreed period, the User is responsible for contacting The Company to report this situation.
2.4. The Company reserves the right to subcontract third party providers to distribute the products or provide the contracted services, including transportation services.
2.5. The User will be responsible for the expenses generated if they do not proceed to receive the product and will assume the risk in case of accidental loss or damage thereof. The risks will be assumed by the User from the moment of delivery.
2.6. The User will acquire ownership of the products from the moment the Company receives full payment of the price, including shipping costs, or from the moment of delivery, if this occurs at a later time.
3. Digital products and services
3.1. The User may purchase different digital products on the website that do not involve delivery of a physical good, such as "license keys" and "electronic books" (ebooks), among others.
3.2. Products described as "license keys" or "activation key" are limited to one purchase per user account, unless explicitly stated otherwise.
3.3. For the activation of certain digital products, instructions will be provided in the order confirmation sent to the email address registered in The User's account. If the User does not receive activation instructions by email, they can contact customer service to receive them.
3.4. Access to the use of digital products will be available immediately from the moment of activation using the corresponding license key or by direct download from the website or sending the digital product to the email provided. For this reason, returns or refunds are not allowed on these digital products.
3.5. In the event that The User is unable to receive a digital product due to any problem related to their email provider or their own mail server, they may contact the customer service department for assistance.
3.6. The Company reserves the right to cancel orders for digital products if it detects any activity that it considers abusive, fraudulent or in violation of these terms and conditions.
4. Loyalty program
4.1. The loyalty or membership program consists of the loyalty of the User through the Adherence to a recurring purchasing program that allows the User to acquire credits subsequently exchangeable for the goods and/or services offered on the Website at prices reduced, as determined for each product and/or service.
4.2. Users who join the membership will be required to recharge credits automatically every 14 days, depending on the amount corresponding to the chosen membership plan among those offered by youraromacircle.com, or in marketing offers, at any time.
4.3. Joining the membership can be carried out through the procedures available in the Website or by purchasing any product at the membership price, accepting these conditions.
4.4. The User can change their current membership plan to a lower or higher one at any time from their personal account. Said change will take effect on the next automatic recharge. If the User does not make the full payment of their membership plan on the charge date, they will be automatically demoted to the immediately lower membership plan, and may reach the lowest membership plan, which has a monthly recharge amount of €8.50 .
4.5. The User attached to the membership will be obliged to recharge credits automatically every 14 days. By each recharged euro (or currency at the exchange rate applicable in its conversion to euros), will acquire the amount of a credit.
4.6. The recharged credits will be reflected in the User's personal account on the Website and will have a validity of 30 days from the moment of their acquisition, after which they will expire and, therefore, cannot be used for the exchange of products offered on the Website.
4.7. With each automatic recharge, the User will receive a payment confirmation notification done.
4.8. The User has the option to skip the next automatic recharge of credits of their membership plan, selecting this option in their personal account before the execution of the next scheduled recharge.
4.9. If the User wishes to cancel their membership plan, they must express such cancellation using the "Cancel Membership" function in their personal account or by contacting the customer service team. In this way, the membership will be effectively and definitively canceled from the communication.
4.10. Once the membership is cancelled, the benefits associated with it will cease to be applicable with immediate effect. The credits will be valid until the expiration of the established period.
4.11. The Website offers trial periods of the different membership plans. If the User does not wish to continue with the membership plan whose trial they are enjoying, they must cancel it before the end of said trial period to avoid being subject to the credit recharge schedule of the selected plan.
4.12. The Website may offer free or reduced-price redeemable credits as a welcome gift. The applicable prices and plans will be those shown at all times in youraromacircle.com and in any marketing offers. These credits are subject to the expiration of credits existing in the membership plan and the term stipulated in the trial period. If the initial membership trial period ends, the free credits provided will also be cancelled.
4.13. The Company may offer promotional offers to users attached to the membership that consist of discounts on the price associated with the first shipment of products.
4.14. The Company carries out promotional and marketing activities through third-party companies, which may offer specific conditions different from those stated here and on the website.
5. Price and taxes
5.1. The prices of the products or services are those specified on the Website or, eventually, in the marketing offer, at the time of confirming the order or registering for the service. It is reported to The User that prices may vary slightly due to the difference between the value in euros and the currency used by The User, so The Company is not responsible for this variation.
5.2. The Company may change the price of the products or services offered at any time. In the event that the User is registered for a membership, they will be notified sufficiently in advance of any price change, allowing them to cancel their membership before the change comes into effect.
5.3. The price of the same product may vary depending on whether the User is a member of the membership or not, for which, in general, the prices of products for member users will be considerably lower than prices for non-member users.
5.4. The prices shown do not include the transportation service necessary to send the order to the User, which will be detailed during the order process.
5.5. The prices shown on the products include, where applicable, Value Added Tax (VAT) or equivalent indirect tax legally applicable in the country of consumption.
5.6. It is important to take into account that the type of VAT applied, if applicable, to each product, will depend of the purchased product, since some products are subject to the general VAT rate and others to VAT rates. Reduced VAT, as well as the VAT rate applicable in the country of consumption of the product or service.
5.7. Users who order products for delivery to a country outside the European Union may be required to pay import duties and taxes, which may be collected at the time the package reaches its destination. Any additional amount due to customs clearance will be borne by the User. The Website has no control over these amounts, since each country has its own product import policy. It is the User's responsibility to comply with the import regulations in force in their country.
5.8. The User agrees to receive invoices (and, where applicable, receipts) for their purchases of products and services from electronic form.
6. User Return Policy
6.1. The User, unless another specialty is specified in this contract, has the right to exercise their right of withdrawal by returning the products purchased within a period of 14 calendar days from the material receipt of the product. To do this, The User can contact The Company through the customer service email.
6.2. The Company reserves the right not to partially or totally refund the amount of the returned goods in the event that the product presents damage that has been caused by the User, or in the case of those products that do not allow their return due to hygienic reasons or health protection if they have been unsealed.
6.3. The returns of goods will be processed by the Company in a period not exceeding 14 days from the date of receipt and inspection of the good at the Company's facilities or from the date of customer communication, if the physical return of the product is not required.
6.4. The refund will be made using the same payment method used by the User. The company can make the return policy more flexible depending on the circumstances of the specific case. If the user has paid part of the price in credits, this part will also be returned in credits.
6.5. The User is obliged to provide the Entity and the transporters with all the information necessary to complete customs formalities and provide the necessary documents for the shipment.
6.6. The User must inform if there is any defect, damage or abnormality in the product received, or in case have received fewer products than were ordered, as soon as may reasonably have noticed.
6.7. For the claim to be considered valid, the User must provide a photograph of the product wrongly received or, where applicable, a photograph in which the damage or defects can be seen visible.
6.8. When a defect has not been detectable with the naked eye, The User will notify The Company as soon as reasonably possible after its detection; The User agrees to provide all the information and collaboration required by The Company to investigate any suspicion of defect or damage.
6.9. The User is not authorized to return the product cash on delivery or through a parcel office. Transportation costs for product returns will be borne by The User if they are not a member of the membership and by The Company if The User is a member of the membership. In any case, returned products must specify the name and address of the sender and bear the indication "claim" unless the return is due to the exercise of withdrawal without cause, in which case they must bear the indication "return".
6.10. The amount paid for the purchase of credits is not refundable, even if the User does not use them during their validity period, unless that purchase was processed by mistake of The Company and had not been consented to by The User.
6.11. The return of an asset that has been partially satisfied with credits will entail the restitution of the credits used in the acquisition of that asset, as well as the restitution, where appropriate, of the amount paid using another means of payment, which will be made in that same payment method. If the credits used in the payment are returned, the User will once again have a validity period of 30 days for their use.
6.12. Digital products (license keys, ebooks, etc.) are not refundable from the moment the software is activated, downloaded or, in other words, from when the User is ready to enjoy the contracted digital product. The User expressly acknowledges that they will lose their right to withdraw from the contract from the moment they can use the digital product purchased, except in the event that it is defective.
7. Privacy and protection of personal data
7.2. The User can exercise their rights related to data protection in accordance with the regulations existing in their country of residence.
7.3. In particular, residents of European Union countries have the possibility of exercising their rights of access, rectification, deletion, opposition, limitation of processing and portability of data in accordance with the terms and conditions established in the General Data Protection Regulation. (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016, relating to the protection of natural persons with regard to the processing of personal data and the free circulation of said data) and its implementing regulations.
7.4. To verify the identity of the User, the Company may request that the User attach proof of identity along with their request.
8.1. The Company will not incur any responsibility in case of changes in prices, taxes or tariffs applicable to the products, nor in case of lack of availability or offer of the products. Nor will it be responsible in case of non-compliance by third parties (such as transport companies, manufacturers, etc.), in case of force majeure, or in case the User has not provided their contact data and delivery address correctly, or has not diligently received the product.
8.2. The User must be diligent when confirming that they receive the emails sent by the Website and check that they are not in the spam folder of their email.
8.3. The guarantee that the Company offers on its products varies depending on whether the User is considered a "consumer" or if they act within the framework of their professional activity, in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of Council. If The User is considered a consumer, they will be covered by a legal or "conformity" guarantee of 2 or 3 years, depending on the country of residence of The User, according to the application of European Directive 2019/771.
8.4. The Website may contain links to third party websites. The Entity is not responsible for the content of said pages.
8.5. The Company carries out promotional and marketing activities directly and through third parties companies. The Company assumes no responsibility for such promotional activities and marketing executed by third parties when they do not conform to the guidelines and instructions provided by The Company, or when the latter is unaware of the operations carried out by said third parties.
9. Fraudulent or abusive activity
9.1. The User accepts that The Company may temporarily suspend or cancel their user account and cancel orders placed if it detects any activity that it considers fraudulent or abusive.
9.2. Any transaction that raises suspicions of being abusive or fraudulent will be refunded to the original payment method used by The User.
9.3. If the User identifies fraudulent or abusive activity on their account, they can contact the Website's customer service. In this way, The Company will be able to investigate and resolve the situation.
9.4. The Website limits the creation of user accounts to one per person and two per IP address, reserving the right to monitor any attempt to create multiple accounts. Continued violation of this policy will result in the termination of all accounts associated with users.
10. Intellectual and industrial property
10.1. The intellectual and industrial property rights over the Website, its source code, design, navigation structure, databases and the different elements contained therein are owned by The Company, which is responsible for the exclusive exercise of the exploitation rights in any form and, especially, the rights of reproduction, distribution, public communication and transformation.
10.2. The reproduction, distribution and public communication, including the method of making it available, of all or part of the contents of the Website, for commercial purposes, on any medium and by any technical means, is expressly prohibited without the authorization of the Company.
11. Jurisdiction and applicable law
11.1. The terms and conditions present herein will be subject to and interpreted in accordance with the laws corresponding to the direction of The Entity. The Judges and Courts of said address will have the authority to resolve any disagreement regarding the application and interpretation of these terms and conditions.
11.2. If the User is a consumer and resides in any Member State of the European Union, they can also choose to apply the mandatory laws of their country of residence and the jurisdiction of said residence.
11.3. In the event that any dispute arises in relation to compliance with these terms and conditions, both parties agree to first reach an amicable agreement in good faith before seeking other solutions.
12. Modification of the terms and conditions
12.1. The Company reserves the right to modify these terms and conditions at any time. In case of modification of the terms and conditions, The Company will notify The User sufficiently in advance so that the User can decide if they wish to continue with their contractual relationship. If the User does not agree with the modifications made, they may cancel their contractual relationship at no cost.
12.2. By accepting these terms and conditions, The User acknowledges that they have read and understood their content, and accepts the conditions established here for the acquisition of goods and services on the Website youraromacircle.com.
13. Assignment of contract
13.1. The Entity is in the capacity to transfer the rights and responsibilities that arise from its contractual agreement with The User to a natural or legal person chosen by it. The transferred person will take charge of all the rights and responsibilities derived from said relationship, and the Entity must notify the User at all times about said transfer.
13.2. The User may not transfer or assign to any extent a contract or any of the rights or obligations related to it without the prior written consent of The Entity.
14. Notifications and contact information
14.1. By accepting our Terms and Conditions, the User grants their consent to receive automatic notifications via SMS and/or email, related to their orders, personal preferences and other activities linked to the service provided by the Website.
14.2. Users who register for the membership service will receive, as part of the service, a personalized product offer before each recharge of credits, and will have the option to receive other electronic messages, newsletters, special promotions and other updates to improve their shopping experience.
14.3. Users may unsubscribe from optional notifications at any time by accessing "My Account" in their Website user account or by contacting customer service.
14.4. The Company will not be responsible in the event that the User provides incorrect information or does not keep their data updated, which could result in the failed, delayed or wrong delivery of the corresponding good or service.
14.5. The User can contact The Company at the following contact details:
Email for customer service and incidents: [email protected]