Terms of sale

General information

Ownership of this website aerialfrope.com, (hereinafter Website) is held by: Álvaro Reboredo Ortega, with NIF: 47350173G, and whose contact details are:

Address: Rua as Cancelas 125, 15703 Santiago de Compostela
Contact phone: +34 699 570 188
Contact email: info@aerialfrope.com

This document (as well as other documents mentioned herein) governs the conditions governing the use of this Website (aerialfrope.com) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions it is understood that the activity that Aerial Frope develops through the Website includes:

Online sale of aerial acrobatic elements and their accessories.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and data protection policy of Aerial Frope. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User consents to be bound by these Conditions and by all the aforementioned, so if you do not agree with all of this, you should not use this Website.

It is also reported that these Conditions could be modified. The User is responsible for consulting them each time they access, browse and/or use the Website since those that are in force at the time the acquisition of products and / or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions, you can contact the holder using the contact details provided above or, where appropriate, using the contact form.

 

User

The access, navigation and use of the Website confers the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), so they accept, from the beginning of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility will extend to:

Use this Website solely for inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities informed.
Provide truthful and lawful contact data, for example, email address, postal address and / or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years old and have legal capacity to enter into contracts through this Website.

The User may formalize, at his choice, with Aerial Frope the contract of sale of the products and/or services desired in any of the languages in which these Conditions are available on this Website.

 

Purchase or acquisition process

Duly registered Users can buy on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of aerialfrope.com, during which several products and / or services can be selected and added to the cart, basket or final shopping space and, finally, click on: “Finalize purchase”.

Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.

Next, the User will receive an email confirming that Aerial Frope has received your order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being sent. Where appropriate, this information may also be made available to the User through their personal space connecting to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal space connecting to the Website. Likewise, the User can, if he wishes, obtain a copy of his paper invoice, requesting it from Aerial Frope using the contact spaces of the Website or through the contact details provided above.

The User acknowledges that the current, at the time of the purchase, of certain particular conditions of sale, which apply to the product and/or service in question, and that is shown next to the filing or, in your case, the image of this in your page of the Web Site, by indicating, by way of example, but not exhaustive, and in response to each case: name, price, components, weight, quantity, color, details of the products, or features, mode in which will be carried out and/or cost of the benefits; and acknowledges that the placing of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

Communications, purchase orders and payments involved during the transaction made on the Web Site could be filed and preserved in the records in computerised form of Aerial Frope in order to constitute a means of proof of the transactions, in any case, in compliance with the reasonable conditions of safety and the laws and regulations that may apply, and in particular in view of the Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights, and the rights that assist the User in accordance with the privacy policy of this Website.

 

Availability

All purchase orders received by Aerial Frope through the Web Site are subject to the product availability and/or to any circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of the services. If there are difficulties in the supply of products or there are no products in stock, Aerial Frope undertakes to contact the User and refund any amount that may have been paid as an amount. This shall also apply in cases where the provision of a service becomes impracticable.

 

Prices and payment

The prices displayed on the Website are final, in Euros ( € ) and include taxes, unless by legal requirement, especially regarding VAT, a different issue is indicated and applied.
Shipping costs are included in the final prices of the products as shown on the Website. Thus, Aerial Frope performs the delivery and/or shipping services through: SEUR.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but any changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, PayPal, and Bank transfer
Aerial Frope uses all means to ensure the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the bank issuing them, if said entity does not authorize payment, Aerial Frope will not be responsible for any delay or failure to deliver and may not formalize any contract with the User.

Once Aerial Frope receives the purchase order from the User through the Website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time when the User is sent the confirmation of sending and/or confirmation of the service provided in the form and, where appropriate, place established.

If the means of payment is PayPal, the charge will be made at the time Aerial Frope sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on “Checkout” the User confirms that the payment method used is yours.

The orders for the purchase or acquisition in which the User select as means of payment such as bank transfer will be reserved for 5 days from the confirmation of the order to leave sufficient time for the bank transfer is taken into account by the payment system used for Aerial Frope to the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that he correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Aerial Frope will not be able to validate the order, which will be canceled.

 

Delivery

In cases where it is appropriate to make the physical delivery of the contracted good, deliveries will be made within the following territory: Worldwide.

Except in those cases in which there are unforeseen circumstances or extraordinary, or, in your case, arising from the customization of the products, the purchase order is consistent in the related products in every order confirmation will be delivered in the period of time indicated on the Website based on the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of the order confirmation.

If for any reason, which was attributable to him, Aerial Frope could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User will not be at the place of delivery in the agreed time slot, he must contact Aerial Frope to arrange the delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to Aerial Frope, Aerial Frope will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of additional costs resulting from the User’s choice of a delivery method other than the least expensive method of ordinary delivery offered by the Website, without undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the time in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by signing the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the time of delivery. The User acquires ownership of the products when Aerial Frope receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after the full receipt of the amount subject to payment by Aerial Frope.

In accordance with the provisions of Law 37/1992, of 28 December, the Value Added Tax (VAT), the purchase orders for delivery and/or provision shall be located in the territory of application of the Spanish VAT if the address of delivery is in Spanish territory, except the Canary islands, Ceuta and Melilla. The applicable VAT rate will be the legally in force at all times depending on the specific article in question.

 

Technical means to correct errors

The User is informed that in case he detects that an error has occurred when entering data necessary to process his purchase request on the Website, he may modify them by contacting Aerial Frope through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and/or using the contact details provided in the first clause (General Information).

Likewise, this information may also be corrected by the User through his personal space of connection to the Website.

In any case, the User, before clicking on “Finalize purchase”, has access to the space, cart, or basket where their purchase requests are noted and can make modifications.

Similarly, it directs the User to consult the Legal Notice and the terms and Conditions of Use and, in particular, the Privacy Policy, in order to gather more information about how to exercise your right to correction according to what is established in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and the Organic Law 3/2018, of December 5, on Personal Data Protection and guarantee of digital rights.

 

Returns

As a user, you can change your order, change your delivery and/or billing address, or cancel an order, provided that it has not effectively entered the production process.
To do this, the User must send an e-mail to info@aerialfrope.com, attaching the reference number of your order. The Usiario will be informed after the review of the status of your order of the origin or not of the change or the possibility of cancellation.

In cases in which the User acquires products on or through the Website of the owner, he is assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website, and therefore he has the right to withdraw from the purchase within 14 calendar days without justification.

This withdrawal period will expire on the 14 natural days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods purchased on the Website of Aerial Frope or in case the goods that make up your order are delivered separately, at 14 calendar days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods belonging to a same purchase order, or in the case of a contract of services, 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify Aerial Frope of its decision. You may do so, where appropriate, through the contact spaces enabled on the Website.

The User, regardless of the means he chooses to communicate his decision, must clearly and unequivocally express that it is his intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Aerial Frope makes available as part annexed to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to desist is sent before the corresponding period expires.

In case of withdrawal, Aerial Frope will reimburse the User for all payments received, excluding shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which Aerial Frope is informed of the decision to withdraw by the User.

Aerial Frope will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Aerial Frope may withhold such refund until it has received the products or items of the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User can return or send the products to Aerial Frope at: Rúa As Cancelas 125. 15703 Santiago de Compostela (A Coruña).

And shall do so without undue delay and, in any case, no later than within 14 calendar days from the date on which Aerial Frope was informed of the decision of withdrawal.

The User acknowledges knowing that he must assume the direct cost of return (transport, delivery) of the goods, if incurred in any. In addition, it will be responsible for the decrease in value of the products resulting from a handling other than that necessary to establish the nature, characteristics and functioning of the goods.

The User acknowledges that there are exceptions from the right of withdrawal, as stated in article 103 of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustive, this would be the case of: personalized products; products that can deteriorate or expire quickly; CDs / DVDs of music or video without its packaging, as it is sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

As a user and customer, you have fourteen (14) calendar days to desist from your purchase and return the product or products, counting from the moment you receive the order, and provided that it is not a personalized product, that is, modified for our customers according to their instructions. For custom products we cannot accept exchanges or returns.

It is understood as a personalized product any of the aerial acrobatic elements (ropes and trapezoids) that are manufactured according to the characteristics stipulated by the User in the placing of the order (color, length, thickness, etc). Custom products may have slight modifications in terms of color, weight, texture, materials, size or design, always fulfilling the purpose and the initial idea shown on the website.

In this same sense, governs the provision of a service for which the User might employ on this Web Site, since this Law also states that he will have the Right of withdrawal to the Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by Aerial Frope, he will lose his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, of products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

In the following link you can download the Model withdrawal form: https://aerialfrope.com/wp-content/uploads/2021/11/Formulario-desentimiento-Aerial-Frope.docx

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he must contact Aerial Frope immediately and let him know the existing disagreement (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable period, if the refund or, where appropriate, the replacement thereof. The User must treat Aerial Frope products with the utmost care, not having used them and not having subjected them to inappropriate or harmful conditions, or to manipulations that may impair their condition in an abnormal way. It is the responsibility of the User to keep them properly until they are reviewed in Aerial Frope, in case of wanting to make the return and/or a claim. The shipping costs of the return are borne by the customer. To do this, you must send an e-mail to info@aerialfrope.com, requesting the return of your order.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-conforming article is appropriate.

The amount paid for those products that are returned because of a defect, when it actually exists, will be fully refunded, including delivery costs. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, it will always be the rights recognized in the legislation in force at all times for the User, as a consumer and user.

 

Assurance

The User enjoys guarantees on the personalized products that can be purchased through this Website, in the terms legally established for each type of product, responding to Aerial Frope, therefore, for the lack of conformity of the same that is manifested within a period of 6 months from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by Aerial Frope and possess the qualities presented therein; they are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, may have non-homogeneous characteristics as long as they derive from the type of material with which they have been manufactured, and that therefore will be part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User acquires on the Website a product of a brand or of manufacture by a third party. In this case, and considering the User that it is a defective product, he also has the possibility to contact the brand or manufacturer responsible for the product to find out how to exercise his legal guarantee right directly against them during the two years following the delivery of said products. To do this, the User must have kept all the information regarding the warranty of the products.

 

Disclaimer of liability

Unless otherwise provided by law, Aerial Frope will not accept any liability for the following losses, regardless of their origin:

Any losses that were not attributable to any failure on your part; business losses (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or any other indirect or consequential loss that was not reasonably foreseeable by both parties at the time when the contract of sale of the products between the two parties.

Aerial Frope also limits its liability in the following cases:

• Aerial Frope apply all actions concerning provide a display faithful of the product on the Web Site, however not responsible for the minimal differences or inaccuracies that may exist due to lack of resolution of the screen, or problems with the browser used or other of this kind.

* Aerial Frope will act with the utmost diligence in order to make available to the company in charge of the transport of the product object of the purchase order. However, it is not responsible for damages arising from a malfunction of transport, especially for causes such as strikes, roadblocks, and in general any other typical of the sector, which result in delays, losses or thefts of the product.

* Technical failures that fortuitous or other reasons, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Aerial Frope puts all the means at its disposal to carry out the process of purchase, payment and shipping/delivery of the products, however, disclaims liability for causes not attributable to, fortuitous event or force majeure.

* Aerial Frope will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Aerial Frope will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

* In general, Aerial Frope will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, that are due to force majeure, and this may include, but is not limited to,:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
    Inability to use trains, ships, aircraft, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunications systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations shall be suspended during the period that the force majeure event continues, and Aerial Frope will have an extension of time to meet them for a period of time equal to the duration of the force majeure. Aerial Frope will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

 

Written communications and notifications

By using this Website, the User agrees that most communications with Aerial Frope are electronic (e-mail or notices published on the Website).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that any contract, notification, information and other communications that Aerial Frope sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Aerial Frope through the contact details provided in these Conditions and, where appropriate, through the contact spaces of the Website.

Likewise, unless otherwise stipulated, Aerial Frope may contact and / or notify the User in his email or at the postal address provided.

 

Waiver

No waiver by Aerial Frope of any particular right or action or failure by Aerial Frope to require strict performance by the User of any of its obligations shall imply, nor a waiver of any other rights or actions arising from a contract or the Conditions, nor exonerate the User from performance of its obligations.

No waiver by Aerial Frope of any of these Conditions or of the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

 

Nullity

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.

 

Entire Agreement

These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and Aerial Frope in relation to the object of sale and replace any other agreement, agreement or previous promise agreed orally or in writing by the same parties.

The User and Aerial Frope acknowledge having consented to the conclusion of a contract without having relied on any declaration or promise made by the other party, except that which is expressly mentioned in these Conditions.

 

Data protection

The information or personal data that the User provides to Aerial Frope in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or data protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website, the User consents to the processing of such information and data and declares that all information or data provided are true.

 

Applicable law and jurisdiction

The access, navigation and / or use of this Website and the contracts for the purchase of products through it will be governed by Spanish legislation.

Any dispute, issue or dispute arising out of or related to the access, navigation and/or use of the Website, or the interpretation and enforcement of these Terms, or with the contracts of sale between Aerial Frope and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

 

Complaints and claims

The User can send to Aerial Frope their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Aerial Frope has official complaint forms available to consumers and users, which they can request from Aerial Frope at any time, using the contact details provided at the beginning of these Conditions (General Information).

Also, if the conclusion of this purchase contract between Aerial Frope and the User emanates a dispute, the User as a consumer may request a court settlement of disputes, in accordance with the Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 may 2013 on online dispute resolution in consumer and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.

 

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