Refund Policy
Refund policy
Cancelling you order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.
Right to Cancel under the ICACRs
You have the right to cancel your order within 14 days without giving any reason.
The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.
To exercise the right to cancel, you must inform us by letter to: Aptica European Services SL (AES), Calle Halcon Peregrino 28, Urb. Monte Halcones, 29678 Benahavis, Spain or send us an email at admin@aptica.com.
For orders cancelled under the ICACRs, we will issue you with a full refund of the products if they are returned in the same state they were sent to you (Including the full packaging). This refund does not include the amount you have paid for the initial shipping, as this will not be refunded. On the other hand, the shipping cost to send the products back to us shall be paid by you. We will make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or (ii)(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or (iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we will arrange to have them collected from you at your own cost.
You shall return cancelled orders to: Aptica European Services SL, Calle Halcon Peregrino 28, Urb. Monte Halcones, 29678 Benahavis, Spain without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days of expiration.
As previously mentioned, you will have to bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by post as described above.
Intellectual property rights
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Your activity
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Your rights
You have certain rights under the law. These include: 1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site; 2. Certain remedies if a product is defective; and 3. A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
Nothing in the TOS is intended to affect these rights.
Limits on our liability
We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).
If AES fails to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and AES knew it might happen, for example, if you discussed it with us during the sales process.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
Compensation
At our request, you agree to compensate us fully, defend us, and hold us AES harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
Our relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and AES as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of AES, and we shall not be liable for any representation, act, or omission on your part.
No waiver
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Complaints and Governing law
If you have a complaint about us email admin@aptica.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the Spanish law and the relevant courts of Malaga, Spain will have exclusive jurisdiction.
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