For any questions, complaints or suggestions, you can contact Customer Service by phone 935402185 or by email shop@somnishair.com
General conditions of sale
I. General conditions of sale
1.1 These general contracting conditions, together with the particular conditions that may be established, will expressly regulate the relations that arise between April et nature, S.L., with address at Calle Palautordera, 26 - 08401, Granollers, Barcelona, and with C.I.F. B61795035 (hereinafter somnis&hair) and third parties (hereinafter "Users") who use the Internet portal www.somnishair.com (hereinafter the "Portal") or any of its subdomains, as well as with third parties who contract the products offered through it.
somnis&hair reserves, at all times, the right to unilaterally modify, without prior notice, and at any time, the presentation and configuration of the Portal.
1.2 These General Conditions have been prepared in accordance with the provisions of Law 7/1998 on General Contracting Conditions, Royal Decree 1906/1999, which regulates telephone or electronic contracting with general conditions in development of article 5.3. of Law 7/1998, General Law 26/1984 for the Defense of Consumers and Users, Law 7/1996 on the Regulation of Retail Trade, Royal Decree-Law 14/1999 regulating the Electronic Signature and any other legal provisions that may result. of application.
1.3 By using the somnis&hair Portal, you acquire the status of User. Both the visit and the use and/or acquisition of any of the products on the Portal imply acceptance as a User, without reservations of any kind, of each and every one of the General Conditions, as well as the Particular Conditions that, in their case, govern the acquisition.
1.4 somnis&hair may, at any time and without prior notice, modify these General Conditions, by publishing said modifications on the Portal so that they can be known by Users always before visiting the Portal or acquiring any goods offered on the Portal.
II. Products offered. Purchasing system
2.1 The products offered on the Portal, along with their characteristics and prices, will appear on the screen.
Likewise, the costs of shipping the products to the User's home will appear on the screen, which will always be the responsibility of the buyer. These products will be available for sale while stocks last. The prices indicated on the screen are in euros and include VAT. and any other tax that may be applicable, except for typing errors or for residents in the Canary Islands registered as such in the system, for whom the prices will appear directly without VAT.
The offers will be properly displayed on the screen. somnis&hair reserves the right to decide, at any time, the products that are contained and offered to Users through the Portal. In this way, somnis&hair may at any time add new products to those included in the Portal, it being understood, unless otherwise provided, that such new products will be governed by the provisions of the General Conditions in force at that time.
Likewise, somnis&hair reserves the right to stop providing access, at any time and without prior notice, to any of the products offered on the Portal.
2.2. To purchase the products offered on the Portal, somnis&hair will ask Users for delivery information and, where applicable, billing information. Said data will include name, full address, contact telephone number, email and observations about the delivery, and will remain in the possession of somnis&hair and may be used to communicate to Users who have made purchases, offers and communications that somnis&hair deems appropriate.
The User can request removal from the list of communications by calling the Customer Service telephone number, 93 540 21 85, or by emailing shop@somnishair.com.
2.3 In order to place orders, somnis&hair Users must be at least eighteen (18) years old. The purchasing process will be carried out through the electronic purchasing system according to the instructions on the screen, adding the product you want to the Shopping Cart, subsequently completing the order form provided and sending it to somnis&hair, which implies reading and accepting all these General Conditions, as well as, where applicable, the existing Specific Conditions.
The purchase will be deemed to have been made at the address of somnis&hair, located at Calle Palautordera, 26 - 08401, Granollers, Barcelona.
2.4 Once the purchase has been made and you will automatically receive an email confirming receipt of the order. The confirmation of receipt of the order sent by somnis&hair will not be valid as an invoice or as a certification of processing, only as proof of correct receipt of the order. In the event that somnis&hair cannot supply any of the requested products, the Customer Service department will contact the User to take the resolution measures that best suit the User.
III. Method of payment, delivery and withdrawal of orders
3.1 Payment of the price of the purchased goods and shipping costs, which will appear on the screen, can be made by bank card or Paypal system.
As an electronic payment system, somnis&hair is attached to the electronic commerce payment gateway of Banco Sabadell and PayPal. All data provided for these purposes is encrypted under the SSL (Secure Socket Layers) protocol to guarantee maximum security, and at no time is it collected, saved or seen by any of the people who make up the somnis&hair staff.
3.2 somnis&hair is obliged to deliver the goods purchased by the User, to the buyer's address indicated for this purpose in the order form (products will not be delivered to post office boxes or call centers), in the shortest possible time and, in In any case, always before ten (10) calendar days from the date of placing the order. The shipping costs of the purchased items will be paid by the Buyer.
3.3. The User-Buyer will have a period of fifteen (15) business days to resolve the sale without incurring a penalty as long as the products have not been opened or used. The costs of shipping and returning the product will be borne by the User, except that the cause of the resolution is the receipt of the products in poor condition, broken or damaged, in which case the costs of collection and new shipping will be borne by somnis&hair account.
The period of fifteen days established in the previous paragraph will be computed from the receipt by the buyer of the purchased goods.
Returns of orders must be previously communicated to the somnis&hair Customer Service department at 93 540 21 85. Once the buyer has exercised the right of resolution, and once the returned products have been received at the somnis&hair facilities, the buyer will return the amounts received. by credit, with the exception of shipping costs if applicable, immediately and never within a period of more than ten (10) days.
IV. Personal data protection policy
4.1 For the purposes of the provisions of Organic Law 15/1999, of December 13, on the Protection of Personal Data, somnis&hair informs the User of the existence of an automated file of personal data created with the data obtained in the Portal by and for somnis&hair, and under its responsibility, for the purposes of information and marketing of the products offered on the Portal, as well as carrying out promotional and advertising activities that may be of interest to you, to expand and improve our Products by adapting our offers to your preferences or needs and to allow personalized navigation.
4.2 The user expressly accepts the inclusion of the data collected while browsing the Portal, or provided by completing any form, as well as those derived from the commercial relationship and/or delivery of the purchased products, in the automated data file. of a personal nature referred to in the first section. During the data collection process, the User will be informed of the mandatory or non-obligatory nature of collecting such data for the delivery of the Products, except for placing orders in which case somnis&hair informs the User from this moment that it will not be considered of a voluntary nature, so its inclusion will be necessary for the formalization of the purchase order, providing data related to identity and address, as these data are necessary for the formalization and conclusion of the sale.
4.3 The User may exercise, with respect to the data collected in the manner provided for in the previous section, the rights recognized in Organic Law 15/1999, and in particular the rights of access, rectification or cancellation of data and opposition, if relevant. , as well as the revocation of consent for the transfer of your data. The rights referred to in the previous paragraph may be exercised by the User, by means of a written and signed request addressed to the following address: somnis&hair, Customer Service Department, Calle Palautordera, 26 - 08401, Granollers, Barcelona, or by sending by email to shop@somnishair.com or by phone at 93 540 21 85.
4.4 somnis&hair undertakes, when using the data included in the file, to respect its confidentiality and to use it in accordance with the purpose of the file, as well as to comply with its obligation to save it and to adopt all measures to avoid alteration, loss, treatment or unauthorized access, in accordance with the provisions of the Regulation on Security Measures for automated files containing personal data, approved by Royal Decree 994/1999, of July 11.
V. Intellectual and industrial property. Hyperlinks
5.1 All content shown on the Portal and, in particular, designs, texts, graphics, logos, icons, buttons, software, trade names, brands, industrial drawings or any other signs susceptible to industrial and commercial use are subject to copyright. intellectual and industrial property of somnis&hair or of third party owners thereof who have duly authorized their inclusion in the Portal.
5.2 In no case will it be understood that any license is granted or that any waiver, transmission, total or partial transfer of said rights is made, nor is any right conferred, and in particular, of alteration, exploitation, reproduction, distribution or public communication on said contents without the prior express authorization of somnis&hair or the corresponding owners.
5.3 somnis&hair authorizes the partial reproduction of its contents on third-party websites under the following conditions:
1st - The mention of partial content will always be accompanied by a hyperlink to the URL where the total and original content mentioned is located, within the somnis&hair web space.
2nd - Along with the partial reproduction and hyperlink, its authorship will be indicated, indicating somnis&hair or somnishair.com.
3rd - The use of these partial reproductions CAN NEVER BE USED FOR OWN COMMERCIAL BENEFIT without the express authorization of somnis&hair.
somnis&hair will pursue and act against any reproduction of its content that does not comply with these conditions, and to do so it may use all electronic and digital means that legally exist, such as digital watermarks or IP signals.
SAW. Somnis&hair liability
6.1 somnis&hair will only be liable for any damages that the User may suffer as a result of using the Portal when said damages are attributable to willful action by the User. The User acknowledges and accepts that the use of the Portal, as well as the acquisition of the products, is carried out under his/her entire risk and responsibility.
6.2 somnis&hair is not responsible for any damages that may arise from, with a merely illustrative and non-limiting nature.
- Inferences, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the devices and computer equipment of the Users, caused by causes beyond the control of somnis&hair, that prevent or delay the fulfillment of orders. or navigation through the portal;
- Delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems;
- That may be caused by third parties through illegitimate interference outside the control of the Portal and that are not attributable to somnis&hair.
- The impossibility of providing the Service or allowing access for reasons not attributable to somnis&hair, due to the User, third parties, or cases of force majeure.
6.3 somnis&hair does not control, in general, the use that Users make of the Service.
In particular, somnis&hair does not guarantee under any circumstances that Users use the Service in accordance with the law, these General Conditions, generally accepted morality and good customs and public order, nor that they do so in a diligent and prudent manner.
VII. User obligations
7.1 In general terms, the User undertakes to comply with these General Conditions, as well as to comply with the special warnings or instructions for use contained therein or in the Portal and to always act in accordance with the law, good customs and requirements. of good faith, using diligence appropriate to the nature of the service you enjoy, refraining from using the Portal in any way that could prevent, damage or deteriorate its normal functioning, the goods or rights of somnis&hair, its suppliers, the rest of the Users or in general of any third party.
7.2 Specifically, and without implying any restriction on the obligation assumed by the User in general in accordance with the previous section, the User undertakes, in the use of the Portal, as well as in the acquisition of the Products, to:
- In the case of making a purchase, the User undertakes to truthfully provide the requested data.
- Do not introduce, store or disseminate on or from the Portal any information or material that is defamatory, libelous, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or any other reason. in a manner that violates the form, public order, fundamental rights, public freedoms, honor, privacy or image of third parties and, in general, current regulations.
- Do not introduce, store or disseminate through the Portal any computer program, data, virus, code, hardware or telecommunications equipment or any other electronic or physical instrument or device that is likely to cause damage to the Portal, in any of the Services, or in any of the somnis&hair equipment, systems or networks, of any User, of the somnis&hair suppliers or in general of any third party, or that in any other way is capable of causing any type of alteration or preventing normal operation. thereof.
- Not carry out advertising, promotional or commercial exploitation activities through the Portal, not using the contents and in particular the information obtained through the Portal to send advertising, send messages for direct sales purposes or for any other commercial purpose, nor to collect or store personal data of third parties.
- Not use false identities, nor impersonate others in the use of the Portal or in the use or acquisition of any of the Products, including the use, where appropriate, of passwords or access codes of third parties or in any other way.
- Do not destroy, alter, render useless or damage the data, information, programs or electronic documents of somnis&hair, its suppliers or third parties.
- No introducir, almacenar o difundir mediante el Portal cualquier contenido que infrinja derechos de propiedad intelectual, industrial o secretos empresariales de terceros, ni en general ningún contenido del cual no ostentara, de conformidad con la ley, el derecho a ponerlo a disposición de tercero.
VIII. Communications
For the purposes of these General Conditions, and for any communication that is necessary between somnis&hair and the User, they must contact the Customer Service by email (sending a message to shop@somnishair.com), by telephone communication at by telephone 93 540 21 85 or by written communication addressed to the Customer Service Department of somnis&hair, Calle Palautordera, 26 - 08401, Granollers, Barcelona.
Communications from somnis&hair to the User will be made in accordance with the data provided by the User when registering on the Portal.
IX. Applicable legislation. Arbitration
9.1 This contract will be governed by Spanish legislation, which will apply to what is not provided in this contract in terms of interpretation, validity and execution.
9.2 In the event that any type of discrepancy or claim arises between the parties in relation to compliance or the content of these General Conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim within the maximum period of one (1) month counted from the date on which either of them formally notifies the other that the discrepancy has arisen or notifies the claim.