Terms and Conditions

Terms and Conditions

Aptica European Services SL ("AES" "we" "us") website (our "Site") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Site (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.aptica.com. We recommend you should keep a copy of the TOS for future reference.

APTICA is a trading name of Aptica European Services SL a company registered in Spain under registration number B56435522. Our registered address is Calle Halcon Peregrino 28, Urb. Monte Halcones, Benahavis, Spain.

 

Registration and account terms and conditions

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address admin@aptica.com We may also change registration requirements from time to time.

Here are the some of the benefits you’ll be able to enjoy by registering with us for a APTICA account:

• Track your orders and review past purchases
• Request your return or exchange directly from your account
• Save your address and card details so you can shop even quicker next time
• Manage your account details, address book and email preferences

To create an account, simply click on ACCOUNT and then REGISTER NEW ACCOUNT to fill in your details. The account password you create should be unique and kept secure, and you must notify AIS immediately of any breach of security or unauthorised use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care team at hello@aptica.com. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Forgotten password

If you have forgotten your password, click here to change it or follow the RESET PASSWORD instructions on the ACCOUNT page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the AES terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to AES, whose applications are acceptable to AES and who have authorised AES to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, AES reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorise us to perform credit checks and where AES feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

AES offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our suppliers.

Pricing Policy

Prices shown on the Site are in Euros unless you choose otherwise and are inclusive of VAT at the applicable rate.

All prices and offers remain valid as advertised from time to time. The Euros price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns and other commercial factors.The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and AES will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Spain and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of AES.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any products from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

We accept Visa, MasterCard, American Express, Visa Debit, and any other methods which may be clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to AES, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. If you are a registered AES user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.

Gift Cards

The following terms and conditions apply to sale and use of Gift Cards sold on www.aptica.com:

Buying a Gift Card

1. If you are buying a virtual Gift Card for someone, then it will be e-mailed to the recipient once your order for the Gift Card has been processed and payment has been taken. A copy will also be sent to you as confirmation of dispatch.
2. We are not liable for any failure or incorrect delivery of a virtual Gift Card due to you failing to provide the correct, current or complete information about the recipient. It is your sole responsibility to ensure the accuracy and completeness of the information you provide about the recipient.
3. We are not responsible for any Gift Card that is lost, stolen, destroyed or used without permission.
4. We reserve the right to cancel a Gift Card if we deem such action necessary.
5. Promotion or discount codes cannot be applied to the purchase of a Gift Card.

Using a Gift Card

1. Gift Cards are valid for 12 months from the date of purchase.
2. Gift Cards can be redeemed against all products either on www.aptica.com
3. Gift Cards are non-transferable, can only be redeemed on www.aptica.com and not on any other site owned or controlled by AES.
4. Gift Cards cannot be exchanged for cash or other products.
5. All purchases made using a Gift Card will be subject to the terms and conditions on www.aptica.com.
6. We reserve the right to amend these terms and conditions at any time.
7. Please refer to our privacy policy for more information on how we process personal data in respect of Gift Cards.
8. These terms and conditions are governed by, and construed in accordance with the laws of Spain and any dispute (including non-contractual disputes) arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of Spain.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Insurance and delivery

You will own the goods on and from the later of the point in time when: (a) we receive the payment in full, or (b) we deliver the goods to you.

AES insures each purchase during the time it is in transit until it is delivered to your specified delivery address. The goods are your responsibility from the time we deliver them to the address you gave us.

DHL, or any other carrier of our choice, can deliver to certain destinations without collecting a signature. On occasion, the carrier may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours from Monday 8:30am to Friday 16:00pm. Any purchase made outside of these hours, including Friday evening or weekends may take longer to arrive. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. AES is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

Returns and exchanges

CANCELLING YOUR 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, 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 may arrange to have them collected from you at your 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 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 has expired.

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

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including AES Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorised by AES. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. AES tries to ensure that the information on this site is accurate and complete. AES does not promise that AES Content is accurate or error-free. AES does not promise that the functional aspects of the Site or AES' Content will be error free or that this Site, AES Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

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 Luxopt 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.

Subscription Terms and Conditions

We may use third parties to prepare, publish and distribute AES' Catalogues.

To find out more about how we use your data, view our Privacy Policy.

Need help? Email admin@aptica.com.