1. INTRODUCTION
Through this website, you can purchase various products and services provided directly or indirectly by ELYSIUS EUROPA, S.L. (hereinafter, "ÁLTIMA"). These commercial transactions will be conducted remotely, and for this reason, the website owner publishes these "General Purchase Conditions," which will govern all electronic orders as established in the General Law for the Defense of Consumers and Users (arts. 92 and following) and in Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (arts. 23 and following).
ÁLTIMA reserves the right to make changes to these General Conditions without prior notice. Such modifications may be made in any legally acceptable manner and will be mandatory for the duration they are published until they are validly modified by subsequent conditions. However, ÁLTIMA reserves the right to apply, in certain cases, Special Conditions in preference to these General Conditions when deemed appropriate, announcing them in advance in a timely manner.
2. CONTACT DETAILS
Address: C/ Saragossa, 6, CP 08830 Sant Boi de Llobregat
Tel.: 93.654.59.28
Fax: 93.640.76.04
Email: info@altima-sfi.com
3. OFFER
ÁLTIMA provides information obtained from suppliers about all floral products and other complementary ornaments (e.g., message ribbons, condolence notes, etc.) that you can purchase to be sent to the individuals attending to the deceased at the facilities. Additionally, each product on the website is accompanied by its essential characteristics, prices, and photos, graphical representations, or videos related to the products to provide more informative details.
However, ÁLTIMA reserves the right to withdraw, replace, or change products without prior notice and at any time. Thus, the products offered at any given time will be governed by the conditions in effect at that time.
4. PRICES
All prices for products offered on the website are displayed in euros and include applicable VAT and/or any other taxes that may apply. The owner reserves the right to modify prices at any time, without prejudice to billing at the price in effect at the time of order registration. Prices will always be current, except for obvious typographical errors. Prices include the shipping costs of the products. Prices are detailed during the payment process and must be accepted by the user at the time of placing the order.
5. PRODUCT AVAILABILITY
Due to the seasonal nature of flowers, some products might appear that have not been removed or might be temporarily out of stock, even if the website has not been updated in these respects.
The availability of offered products may also vary based on customer demand. Although stock is updated periodically, the requested product might be out of stock at that time.
In the event that, due to force majeure, the product is unavailable after the purchase has been made, the user will be informed by email of the total or, if applicable, partial cancellation of the order. Partial cancellation of the order does not entitle the user to cancel the entire order.
6. ORDER REQUEST
To purchase and request products offered through the website, you should follow these steps:
a) Send Flowers
Access the "Send Flowers" section and search for the deceased using the available search tool. Once the deceased is located, the option "Send Flowers" will appear next to their name.
b) Choose Product and Place Order
Select the products you wish to send from the sections: arrangements, wreaths, or other compositions.
Then, you will have the option to continue shopping or proceed to checkout, where you can include a note or comments if desired. To proceed and complete the order request, you must click "Place Order."
c) Buyer Details and Payment Process
To confirm the order and before payment, it is necessary to complete the buyer’s details requested by the website owner. If you wish to receive an invoice, you will also need to fill out the relevant fields for this purpose. The personal data mentioned will be processed according to the Privacy Policy of this website.
d) Payment Process
The customer must make the payment by credit or debit card (Visa, Mastercard, American Express, Visa Electron, and/or other similar cards) or through the IUPAY system. The card used for payment must be issued by a Spanish bank or savings bank or a branch or financial entity of a foreign financial institution with a presence in Spain.
The owner employs commercially available security measures. Additionally, the payment process uses a secure server with SSL (Secure Socket Layer) protocol. All information transmitted is encrypted over the network. Credit card details are entered directly into the payment gateway and are not recorded or stored on any ÁLTIMA server.
When paying with a Visa or Mastercard, you will always be asked for the following information: the card number, expiration date, and a Validation Code, which matches the last three digits of the number printed in italics on the back of your Visa or Mastercard, thus providing more security for the transaction.
If the amount of a purchase has been fraudulently or incorrectly charged using a payment card number, the cardholder may demand immediate cancellation of the charge. In this case, the corresponding debit and credit entries on the supplier's and cardholder's accounts will be made as soon as possible.
However, if the purchase was indeed made by the cardholder and the demand for a refund is not due to exercising the right of withdrawal, and thus, the cancellation of the charge was requested improperly, the cardholder will be obliged to compensate ÁLTIMA for any damages caused by such cancellation.
e) Order Confirmation
Once the order is accepted, the website owner will send an acknowledgment and confirmation of the purchase to the customer’s email.
7. ORDER DELIVERY
ÁLTIMA will deliver the product in perfect condition to the relevant Funeral Home within the timeframe while the deceased is in the viewing room. Delivery is considered completed once the product has been made available at the delivery location specified by the customer.
The customer assumes the risks of deterioration, impairment, damage, and loss of the ordered products from the moment the product has been made available to the customer in accordance with these General Conditions.
8. WARRANTY
Products come with the legal warranty for lack of conformity from the date of delivery, in accordance with applicable regulations. To use the warranty, it is essential to keep the proof of purchase and delivery slip of the products. The customer can exercise the warranty of a product according to current regulations on consumer product warranties.
The consumer and user must inform the seller of the lack of conformity within two months from the moment they became aware of it.
According to Article 116 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:
"1. Unless proven otherwise, products will be considered to comply with the contract if they meet all the following requirements:
a) They match the description provided by the seller and possess the qualities of the product that the seller has presented to the consumer and user in the form of a sample or model.
b) They are fit for the purposes for which products of the same type are ordinarily used.
c) They present the usual quality and performance of a product of the same type that the consumer and user can reasonably expect, given the nature of the product."
9. RIGHT OF WITHDRAWAL, REFUNDS, AND COMPLAINTS
Users are informed that, based on Article 103.d) 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, due to the perishable nature of floral products, they cannot exercise the right of withdrawal as these goods may deteriorate or expire quickly.
The customer has the right to a refund for defective products or products delivered that do not match the order made by the customer. In these cases, ÁLTIMA will refund the price paid for the returned products that are defective or do not match the order. However, in some shipments, a flower from the order may not be available due to quality or availability issues. In these cases, we reserve the right to substitute this flower with one of the same or higher value.
The refund will be processed once the returned order arrives and will be made using the same payment method used.
If the customer wishes to make a complaint, they can contact us through the means indicated in section 2) of these General Conditions.
10. DISPUTE RESOLUTION PLATFORM
For voluntary dispute resolution, you can also use the dispute resolution platform provided by the European Commission, available at the following link: http://ec.europa.eu/consumers/odr/
11. CUSTOMER OBLIGATIONS
As a customer, you expressly declare that you understand and accept the terms of use under these General Conditions. Similarly, you declare that you are over 16 years old and have the legal capacity necessary to access the website and place the order. Additionally, the customer agrees to pay promptly for the products purchased.
12. JURISDICTION
Without prejudice to the option for parties to voluntarily submit to the online dispute resolution system mentioned in section 9, the relationship between the user and the provider will be governed by the current regulations applicable in Spanish territory. Should any dispute arise, the parties may submit their conflicts to arbitration or seek ordinary jurisdiction in accordance with the rules on jurisdiction and competence, with submission to the consumer's domicile forum.