This document sets forth the terms governing the use of this Website (www.wisdomapothecary.com) and the sale of products on it (hereinafter, the "Terms"). Please read these Terms carefully, as well as our Privacy, Data Protection and Cookie Policy, before using this Website.
When you use this Website or place an order and make a purchase through it, you are bound by these Terms and by our data protection Policies.
These Terms must be observed and complied with by any person visiting, browsing or using this Website. If you do not agree with these Terms, please do not visit, browse or use any page or content on this Website.
The contract may be formalised, as your prefer, in any of the languages in which the Terms are available on this Website.
1. OUR INFORMATION
The sale of products over this Website is conducted under the name of Wisdom Apothecary.
Registered office: Balmes 26, 5º 1ª, 08007, Barcelonna
Email: hola@wisdomapothecary.com
You can contact us by email at hola@wisdomapothecary.com from Monday to Friday from 9.00 am to 6.00 pm.
2. SUBJECT MATTER AND SCOPE
These Terms of Use govern the access, browsing and use of the website www.wisdomapothecary.com. It is a Website that offers you a wide variety of cosmetic products and food supplements through exclusive limited-time offers. Under no circumstance does this Website offer and/or market medicinal products, which is an activity that, pursuant to current law, can only be conducted by pharmaceutical establishments.
Wisdom Apothecary is not liable for the consequences that may result from improper use of the products sold on its online shop.
Please note that our products are not intended to diagnose, cure or prevent any disease. Contact your physician if a symptom persists. The information provided by this Website or by Wisdom Apothecary does not replace consultation with a healthcare provider and should not be construed as medical advice. The statements made on this Website have not been evaluated by the Spanish Agency for Consumer Affairs, Food Safety and Nutrition.
Any question about your health or the use of medicinal plant based food supplements should be discussed with your physician. It is your responsibility to discuss with your physician any potential interactions between herbal supplements and any medicine that you may be taking.
Wisdom Apothecary has organic certification on all its products. We are committed to not using toxic substances, artificial flavourings, animal testing or non-vegan ingredients. We are greatly concerned with the information relating to ingredients, and their organic origin is guaranteed by organic certification of the European Union and Bio.Inspecta- VidaSana. The essential characteristics of the products are defined by technical descriptions provided by the laboratories with which we work and by photographs that illustrate the products, respecting utmost market standards.
These Terms of Sale are available to all wisdomapothecary.com users through the link https://www. wisdomapothecary.com/lxxxxx/xxxxx freely and free of charge.
3. ACCESS AND REGISTRATION
It is completely free to register as a user and can be done electronically through the following link: http://www. wisdomapothecari.com/xxxx .
We do not sell products to minors. The products we sell for minors must be purchased by adults. Minors under 18 can only use this Platform under the supervision of their parent or guardian. If minors visit or register on this Website, it will be presumed that they have done so with explicit authorisation from their parent, guardian or legal representative. Wisdom Apothecary reserves the right to conduct any verifications it deems necessary in this regard.
Registration is not required to access or browse this Website. However, to make a purchase or receive advertising, information or periodic offers relating to any promotional campaign and to our products, you must complete the relevant web forms. When you place an order through this Website, you declare that you are over 18 years old and have legal capacity to enter into contracts.
If users of this Website need to provide their email address to access any of the services offered, they may state that they do not wish to receive any type of communication that Wisdom Apothecary may send, provided it is not strictly related to the purpose for which the service was requested. The consent you give us to receive commercial information may be withdrawn at any time using the mechanisms indicated in the commercial communication itself.
Wisdom Apothecary is not liable for the accuracy of the registration data provided by the user, whereas the user is liable for the potential consequences and errors or any other circumstance that may subsequently result from inaccurate data.
A) REQUIREMENTS FOR REGISTERING AS A USER
To register as a user, you must: i) Be over 18-years-old and ii) Provide all required information.
Only natural persons can register on the Website, not legal entities. Your registered user account is personal and non-transferable.
Under no circumstances may a registered user account be shared between different individuals. Wisdom Apothecary has the right to delete any account as soon as such circumstance has been detected, reserving the right to bring any legal actions.
B) WITHDRAWAL AS A REGISTERED USER
You may at any time request to withdraw from the Website by writing to hola@wisdomapothecary.com indicating your username and the specific service from which you wish to unsubscribe.
4. AVAILABILITY OF THE SERVICE
The products offered through this Website are available for shipment to Spanish territory or internationally. Unfortunately, we cannot currently offer shipments to the Canary Islands, Ceuta or Melilla, although we are working to be able to send our products to these regions.
All the products offered are described in the product data sheet available to users.
Wisdom Apothecary will implement sufficient technical means to identify and correct technical errors in information management when it is its responsibility.
The languages for completing the purchasing procedure and formalising this contract may be Spanish or English.
5. PROMOTIONS AND COUPONS
All promotions and coupons expire in one month, unless specified otherwise. Promotions that are discount coupons will only and exclusively be applied to the value of the product.
Promotions that are discount coupons will always entail a minimum purchase, which if not specified will be 50€ for all promotions.
Wisdom Apothecary reserves the right to cancel a promotion for a person when such person uses this promotion incorrectly or purchases numerous units of the promotion under different identities.
6. HOW TO PLACE AN ORDER
It is entirely free-of-charge to access the procedure to place an order; there is no additional cost to do so. Once users check the relevant box in the procedure, they will be agreeing to these Terms of Sale, declaring and acknowledging their and the other party’s legal capacity and capacity to act, that they are of legal age (>18 years old) and that they have read and understood the content of this document. All communication with the customer by Wisdom Apothecary will be conducted electronically.
Wisdom Apothecary, as the provider of information society services, will file the electronic document in which the contract is formalised. Such electronic document will be accessible by the user through the link that will be provided as an annex; this link can be used by the final user to download and print such document and will include these Terms.
Likewise, access to certain content and the use of certain services may be subject to specific terms which, in any case, will be clearly shown and must be expressly accepted. These specific terms may replace, complete or, where appropriate, modify these Terms.
Products or services will be acquired through this platform as follows:
- Once you have accessed the Website, select the products you wish to purchase. Please carefully read the description, as well as the characteristics, terms, form, delivery time and final price before starting the purchasing procedure.
- Begin the electronic purchasing procedure by adding the product to the shopping cart by clicking the "Add to my cart” button. Then click the “Buy” button.
- Lastly, enter the desired form of payment (credit or debit card). We will never have access to your bank details. This information will be managed directly by the relevant banking institution on the payment gateway.
- You will automatically receive a confirmation email from wisdomapothecary.com describing the entire purchase made, including the characteristics of the purchase, notwithstanding the fact that all of the information relating to the order will be available in your private area on the Platform, which you can access by entering your account email address and password. If you do not receive this confirmation email, please check your spam folder.
- Moreover, to see if your purchase has left our offices, view your order history, which will indicate the status of your order. The following statuses will appear in your order history: i) Confirmed: Your order was processed successfully and the payment was completed; ii) Preparing your order: Your order is underway - we are preparing it carefully so that it reaches you in perfect condition; iii) Sent: Your order has left our warehouse and is on its way to the address you indicated.
Once your package has left our offices, you can track your package through: NATIONAL ORDERS (SPAIN) and INTERNATIONAL ORDERS.
For all purposes, the contract of sale shall be deemed concluded when the acquired product has been delivered to the address indicated and chosen by you.
The various types of delivery available are described below.
7. DISTANCE CONTRACT
Pursuant to Article 23 of Law 34/2002, of 11 July, on Information Society Services and E-commerce, contracts concluded electronically will have all the effects provided by the legal system, when consent and other requirements required for their validity exist.
The electronic format contained in these Terms of Sale concluded electronically will be admissible as documentary evidence in the event of a dispute between the parties.
For this purpose, it will be understood that when a party follows all the stages of the registration process and, where applicable, pays the relevant monetary sum, he/she is necessarily granting the required consent for the sale to take place.
Likewise, in accordance with Article 27 of aforementioned Law 34/2002, on Information Society and E-commerce, before the purchasing procedure begins, users are provided with all the information relating to such procedure which will only apply if the user decides to proceed with the purchase through www.wisdomapothecary.com.
8. ENTIRE AGREEMENT
These Terms and any document expressly mentioned in them represent the entire agreement existing between you and us in relation to the subject matter of them and supersede any other previously existing pact, agreement or promise between us made orally or in writing. Both parties acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party or which could be inferred from any statement or text in the negotiations between us prior to such contract, except that which is expressly mentioned in these Terms.
Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, whether orally or in writing, prior to the date of any contract (unless such statement was made fraudulently), and the other party’s only remedy shall be for breach of contract pursuant to current law.
9. TRANSFER OF RIGHTS OR OBLIGATIONS
This contract is binding on you and us and on our respective successors and assignees. You may not transfer, assign or otherwise dispose of the contract or any of the rights or obligations arising under it, without our prior written consent.
We may transfer, assign, sub-contract or otherwise dispose of a contract or any of our rights or obligations arising under it at any time during the term of the contract. To avoid any doubt, such transfers, assignments, burdens or other transfers shall not affect the rights which, where applicable, as a consumer you have recognised by law or annul, reduce or limit in any way the guarantees, both express and implied, that we may have granted to you.
10. COMMUNICATIONS AND NOTICES
By using this Website, you accept that most communication with us will be electronic. We will contact you by email and provide you with information by posting notices on this Website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your lawful rights.
Your notices must be sent to our email address hola@wisdomapothecary.com. Unless stipulated otherwise, we may send you communications either to the email address or to postal address that you provided when you placed an order. Notices will be deemed received and properly serviced the moment they are posted on our Website, 24 hours after an email has been sent or three days after the date of posting of any letter.
11. PAYMENT
Once you have selected all the products and services that you wish to buy, they will be added to your shopping cart, and the next step is to process the order and make the payment. Wisdom Apothecary has partnered up with the banking institution CaixaBank to guarantee the maximum security in payments, offering you two ways to make payments:
- Payment by credit/debit card: We accept Visa, Maestro and MasterCard debit and credit cards.
- If you choose to pay by card, the order cannot be accepted or processed until payment has been authorised by your banking institution. Online payment by credit card is made through CaixaBank’s secure online payment system, which encrypts your bank details when they are sent over the Internet.
For security reasons, Wisdom Apothecary verifies all orders paid by bank card. CaixaBank’s secure online payment system will send you an SMS with a code that must be entered during the payment process in order to verify your identity.
In any case, the purchase will only be confirmed when Wisdom Apothecary receives confirmation of the payment from the banking institution that owns the secure payment gateway. If the transaction is denied for any reason by such banking institution, or the full amount of the sum of the purchase is not provided (including charges for management fees and bank transfer fees), the purchase will be cancelled and the customer will be notified that the transaction has not been completed.
If we are aware of any indication that leads us to suspect that there may be an anomaly or fraud, Wisdom Apothecary reserves the right to cancel the transaction for security reasons.
If you detect an error in your order after the payment process is completed, please contact our Customer Care immediately at the phone number or email address mentioned above to correct the error.
12. TAXES AND INVOICING
The prices shown on the Website include VAT but exclude delivery charges, which will be added to the total amount due. Prices may change at any time; however (except as stated above), possible changes will not affect orders for which we have sent you an Order Confirmation. Once you have selected all the products that you wish to buy, they will be added to your shopping cart, and the next step is to process the order and make the payment.
Pursuant to Article 68 of Law 37/1992, of 28 December, on Value Added Tax, products will be deemed to be delivered in the territory subject to Spanish VAT if the delivery address is in Spain, except the Canary Islands, Ceuta or Melilla, when we can offer our products in such regions. The applicable VAT rate will be the existing rate at the time depending on the specific product in question.
We will issue an electronic invoice; nevertheless, you can indicate at any time that you would like to receive a paper invoice, in which case we will issue and send you the invoice in that format. Pursuant to current legislation, invoices for concluded sales cannot be subsequently modified. Therefore, the invoice will be issued in the name of the holder of the account that actually placed the order, so please ensure that the order is placed under the correct name. Duplicate invoices cannot be issued to be sent to third parties nor can they be issued after the guarantee period.
13. CAN I CORRECT THE ERRORS MADE WHILE ENTERING MY PERSONAL DATA WHEN REGISTERING AS A USER?
Any errors made while entering your personal data when registering as a user of this Website can be changed in the "My Account" section. In any case, you can correct errors in the personal data you shared during the purchase process by contacting Customer Care at the phone number XXXXXXXX or at the email address hola@wisdomapotecary.com as well as exercise your right to rectification contained in our Privacy Policy.
14. PRODUCT AVAILABILITY
All orders are subject to product availability. If there are problems supplying products or they are no longer in stock, we will refund any amount you may have paid.
15. DELIVERY
Unless there are unforeseen or extraordinary circumstances, we will send you the order containing the product(s) listed in each Shipping Confirmation within the period stated on the Website according to the selected delivery method and, in any case, within a maximum period of 15 days from the date of the Order Confirmation.
Orders will be sent based on available stock. If when you place an order, the product appears as "in stock", the period between the placement of the order and the date of delivery will be between 2 and 4 business days from the time we validate the payment received. If the product is not in stock when you place the order, we will contact you to properly notify you. Estimated delivery times are for orders placed within mainland Spain and may be different for orders placed on the Balearic Islands.
If any of the products ordered is not in stock, we will contact you as soon as possible (from the date you place the order) to notify you when we will be able to send you your product(s).
If for some reason we cannot meet the delivery date, we will notify about this circumstance and give you the option to continue with the purchase, in which case we will provide you with a new delivery date, or cancel the purchase and receive a refund for the total price paid.
As the customer, you agree that you or another person designated by you will be at the specified address to receive the package. If no one is there the first time, the carrier will try several more times to deliver the package. If it is still not possible to deliver the order, the order will be returned to us and you will be refunded the payment made less the fees to ship or return the products, which will be paid by you.
For the purpose of these Terms, it will be understood that the “delivery” has taken place or that the order has been “delivered” when you or the third party designated by you takes possession of the products, which will be certified by signing the proof of delivery at the agreed delivery address.
16. I HAVE NOT RECEIVED MY ORDER. WHAT DO I DO?
Contact us and we will help you.
There are usually two main reasons for not receiving your order:
- Inaccurate address: In this case, we recommend that you verify if the address you gave us is correct, since your package may have been delivered to the wrong address.
- Failed delivery attempts: The messenger or courier makes up to 2 delivery attempts at an agreed date/time. If they have not been able to contact you, and 14 business days have passed since the first delivery attempt, the procedures to return the package to our offices will begin. You will also be left a notice explaining where your order is and what to do to have it sent to you again. Please check all your SMS, phone calls and emails.
When an order has not been delivered for reasons unrelated to Wisdom Apothecary and over 15 business days have passed from the time your order is available for delivery, we will deem that you withdraw from the contract and will consider the contract cancelled. We will automatically proceed to refund the total amount of your purchase within 14 business days from the time we receive your request, except for the costs of resending and returning the package.
17. RETURNS
A) LEGAL RIGHT OF WITHDRAWAL
In accordance with Article 71 of Royal Legislative Decree 1/2007, of 16 November, approving the consolidated text of the General Consumer and User Protection Law and other additional laws, you are informed that:
- All users can exercise their right to withdraw from the contract in full or in part with respect to certain products purchased within the maximum period of 14 calendar days from the moment in which the product is received, without need for justification, exercising this right directly with wisdomapothecary.com.
- This withdrawal period will expire 15 calendar days from the day in which you or a third party designated by you, other than the carrier, takes possession of the products or, in cases where the products contained in the order are delivered separately, 14 calendar days from the day that you or the third party designated by you, other than the carrier, takes possession of the last of these products.
If you wish to exercise your right of withdrawal in relation to the purchase made, please follow the steps below:
- Please notify Wisdom Apothecary of your wish to exercise your right of withdrawal by sending a clear statement to hola@wisdomapothecary.com. Once received, Wisdom Apothecary will tell you how to return the product.
- You can use the following withdrawal form, although it is not required: To the attention of Wisdom Apothecary, with registered address at XXXXXXXXXXXX, Spain and email address hola@wisdomapothecary.com. I hereby notify you that I hereby withdraw from my contract of sale for the following item: Ordered on/received on (*):Name of the consumer: Address of the consumer: Signature of the consumer (only if the form is presented in paper or pdf format) Date: (*).
- To comply with the withdrawal period, you must simply send notification that you are exercising your right of withdrawal before the relevant period expires.
- In the case of products that must be opened and used to know if they work properly, to accept the return thereof, Wisdom Apothecary will require that the product being returned be in perfect condition and contain all of the elements and packaging accompanying it. No return which does not meet these conditions will be processed. Likewise, if you do not return the product in its original packaging, the product may decrease in value.
- Once your request to exercise your right of withdrawal is received, the system will send you an email confirming that we have received your request. We will subsequently proceed to refund the monetary sum paid (including, where applicable, delivery charges less the direct costs of the return) within 14 calendar days from the time we receive your request to exercise the right and from the time we receive the product purchased or once proof of return of the product is sent to Wisdom Apothecary. In any case, the monetary sums will be refunded through the method of payment you used to make the initial payment, unless you express otherwise, in which case you may incur additional costs.
Nevertheless, to guarantee the protection of users, Wisdom Apothecary will refund the monetary sums paid as soon as possible; however, we cannot guarantee that the refund period will be the same as the delivery term. The refund will be made using the same method used to make the initial payment.
If you request to exercise your right of withdrawal, you will be refunded all the monetary sums initially paid, including, where applicable, delivery charges, without undue delay and, in any case, within 14 calendar days from the time that you request to exercise your right of withdrawal and provided that we have received the product or proof of return of it. However, if you are offered several delivery methods and you have explicitly chosen a method other than the less expensive standard delivery method, Wisdom Apothecary will have the right to not refund these higher costs.
You are not entitled to exercise your right of withdrawal for sealed products that are not eligible for return due to health or hygiene reasons.
The right to withdraw from the contract will only apply to those products that are returned in the same condition in which they were received. No refund will be made if the product has been used beyond the mere opening of it, is not in the same condition as it was when it was delivered or has been in any way damaged, so please be careful with the product(s) when they are in your possession. Please return the product in and including all of its original packaging, instructions and other documents accompanying it, where applicable.
You must return the product properly packaged, unopened and without clear signs that it has been opened, used or manipulated. If, once we receive the product, we detect any kind of manipulation, imperfection or sign that leads us to believe that the product in question has been manipulated, opened, modified or altered or is in danger of it, the product will be returned to you immediately by collect on delivery post and you will have to pay the delivery charges.
B) RETURNS OF DEFECTIVE PRODUCTS
If when you receive a product you believe that it does not comply with what is stipulated in the contract, please contact us immediately through our means of contact, providing the details of the product and indicating the cause, and we will tell you what to do next. The product can be returned by giving it to a courier that we will send to your home when you request pick-up. We will then carefully examine the returned product and send you an email within a reasonable period of time specifying if we will refund or replace the product (where applicable).
The product will be refunded or replaced as soon as possible and, in any case, within 15 days after the date on which we send you an email confirming that we will refund or replace the defective product. The sums paid for products that are returned due to a defect, when it actually exists, will be refunded to you in their entirety, including delivery charges paid to ship the product to you and the costs potentially incurred by you in order to return it to us. The refund will be made by the same method of payment that you used to pay for the purchase.
C) CONSEQUENCES OF WITHDRAWAL
In case of withdrawal, we will refund all the payments received from you, including delivery charges (except additional costs resulting from your choice of a delivery method other than the less expensive standard delivery method we offer) without undue delay and, in any case, within 14 natural days from the date on which you notify us of your decision to withdraw from the contract. We will make the refund using the same method of payment used by you for the initial transaction, unless you indicate otherwise, in which case you must detail the method of payment you wish us to use to make the refund. You will not incur any expense as a result of the refund. Notwithstanding the above, we can withhold the refund until we receive the products from the messenger/courier, without undue delay and, in any case, within 14 natural days from the date on which you notify your decision to withdraw from the contract. The deadline will be considered met if you return the products before the end of the above-mentioned period. Unless you return the products through a messenger/courier authorised by us, you will have to pay the direct costs of returning the products.
Only you will be responsible for the decrease in value of the products caused by manipulation of them in any way other than that which is necessary to determine the nature, features and functioning of the products.
18. GUARANTEES
Wisdom Apothecary guarantees that all the products offered are original products of the brand with a manufacturer warranty and in perfect condition and are subject to the terms of legally-recognised guarantees.
All the products offered are subject to the terms of legally-recognised guarantees, without prejudice to the fact that most products are aesthetic, food or parapharmaceutical products with their own expiry and best before dates. They are perishable and consumable products and, as such, are not subject to guarantee if they have been used up or consumed of if their expiry or best before date established by the manufacturer has elapsed.
Nevertheless, we guarantee that at the time the products are sold, there is enough time to consume them.
19. LIABILITY
Our liability in relation to any product acquired on our Website is strictly limited to the purchase price of such product. Due to the open nature of this Website and the chance of errors in storing and transmitting digital information, we do not guarantee the precision and security of the information transmitted by this Website, unless explicitly stated otherwise.
Wisdom Apothecary will work to ensure that the content, data and information relating to the products or services offered on this Website are reliable, true and accurate and takes responsibility for the prices and characteristics indicated. However, we are not liable for any information that may have been entered, shown or modified by third parties unrelated to the provider. In addition, we have implemented all the measures necessary, based on technical possibilities and the state of the art, to ensure functioning of this Website and to minimise system errors, both from a technical standpoint and in terms of the content posted on the Website.
20. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
You acknowledge and accept that all copyrights, trademarks and other industrial and intellectual property rights relating to products offered on this Website belong to Wisdom Apothecary or to whoever granted permission to use them.
References to registered trademarks or trade names or other distinguishing marks, whether belonging to Wisdom Apothecary or to third parties, whether individuals or legal entities, imply a prohibition to use them without the consent of Wisdom Apothecary or of the legitimate owners. At no time, unless expressly stated otherwise, does accessing, browsing or using this Website and/or its content give you any right over any of the distinguishing marks included on it.
21. ILLEGAL USE OF THIS WEBSITE
It is forbidden to access or use this Website for illegal or unauthorised purposes, whether for profit or otherwise; therefore, the consequences of doing so will be the exclusive liability of the user. The user is specifically, and not exclusively, forbidden from:
- Using the Website to cause damages, interruptions, inefficiencies or defects in the working of the Website or in the computer of a third party.
- Using the Website to send, install or post any virus, trojan, logic bomb, malicious code or other harmful software or files.
- Using the Website to collect the personal data of other users.
- Registering on this Website with a fake identity, impersonating third parties or using a profile or conducting any other activity that may confuse other users about the identity of the origin of a message.
- Gaining unauthorised access to any portion of this Website or any other systems or networks connected to Wisdom Apothecary or any of the services offered through this Website by hacking or falsification, password mining or any other illegitimate means.
- Breaching or attempting to breach the security measures or authentication of this Website or any other network connected to this Website or the security or protection measures related to the content offered on the Website.
- Taking any action that causes a disproportionate or unreasonable large load on the infrastructure on the Website or on Wisdom Apothecary’s systems or networks or any systems or networks connected to the Website.
- Preventing the normal course of an event, contest, promotion or any other activity available through the Website or any of its functionalities, either by altering or attempting to alter, illegally or otherwise, the access, participation or functioning of them, by forging the result of them and/or using fraudulent participation methods, by any procedure and/or through any practice that violates or in any way breaches these Terms of Use.
By breaching this clause, you may be committing the offences stipulated by applicable regulations. We will report any breach of such regulations to competent authorities, and we will cooperate with such authorities to discover the identity of the party responsible for such actions. Likewise, if this clause is violated, we will adopt appropriate measures as stipulated by law and in exercise of our rights and obligations, which may lead to us deleting or blocking the account of the offending user, who will not receive any sort of compensation for any potential damage caused to him/her.
We are not liable for any damage or loss caused by a denial-of-service attack, virus or any other software or technologically harmful material that may infect your computer, computer equipment, data or materials due to your use of this Website or to your downloading of the content on it, or on any website linked to it.
Any user who becomes aware of the existence of any content that is illicit, illegal or unlawful or that violates intellectual or industrial property rights, applicable regulations on personal data protection and/or any other right must immediately notify Wisdom Apothecary in this regard so that the latter can take appropriate measures.
22. LINKS FROM OUR WEBSITE
Our Website may contain links to third-party websites and materials. Such links are provided for informational purposes only, without our having any control over the content of such websites or materials.
Wisdom Apothecary assumes no responsibility or liability that may arise from the website linked to this Website, specifically, and not exclusively, as regards its operation, access, data, information, files, quality and reliability of its products and services, its own links and/or in general any of its content.
Likewise, Wisdom Apothecary reserves the right to delete messages received or opinions provided by users if they are considered inappropriate for the content of this Website, may violate a fundamental right or serve to bring a personal attack against someone, which is in no case the purpose of this Website.
In this regard, if you have actual knowledge that the activities conducted through these third-party websites are illegal or contrary to good morals and/or public policy, please notify Wisdom Apothecary immediately, so that we can disable the link to such websites, which we will do as soon as possible.
In any case, any kind of link from this Website to a third-party website does not mean that there is any kind of relationship, collaboration or affiliation between Wisdom Apothecary and the party responsible for the third-party website.
23. EVENTS FOR WHICH Wisdom Apothecary CANNOT BE HELD LIABLE
We will not be liable for any failure to perform or delay in performance of any of the obligations under the contract when caused by events that are beyond our control, deeming such events to be force majeure events. Force majeure events include any act, event, failure to act, omission or accident that is beyond our reasonable control and include, among others, the following:
- Strikes, lockouts and other industrial actions.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- Impossibility of the use of public or private telecommunications networks.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Our performance of such obligations will be deemed suspended for the period that the force majeure event continues. We will have an extension of time to fulfil such obligations for a period of time equal to the duration of the force majeure event.
Nevertheless, we will use our reasonable endeavours to find a solution allowing us to fulfil our obligations despite the force majeure event.
24. WAIVER
If we fail, at any time during the term of a contract or of these Terms, to insist upon strict performance of any of your obligations under a contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under such contract or these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any right or remedy shall not constitute a waiver of any other rights or remedies under a contract or these Terms. No waiver by us of any of these Terms or of the rights or remedies under a contract shall be effective unless it is expressly stated to be a waiver, is formalised and is communicated to you in writing.
25. CHANGES TO THESE TERMS
We reserve the right to revise these terms and conditions. We will notify you of substantial changes made to them. Any changes made will not be retroactive and, except for possible exceptions depending on the specific case, will be applicable 15 days from the date of posting in the relevant notice. If you do not agree with the changes made, we recommend that you not use our Website.
26. SEVERABILITY
All of the terms and details of this contract shall be interpreted independently and autonomously. If any of them are determined by a court decision or final arbitral decision to be invalid, the rest of the terms of conditions shall remain in full force and effect. The affected term or terms will be replaced by another or others that preserve the intent pursued by the Terms of Use.
27. APPLICABLE LAW AND JURISDICTION
These Terms are governed by Spanish law. The parties agree that the courts and tribunals of the residence of the user have jurisdiction to settle any disputes, provided that such residence is located in Spanish territory, waiving any other jurisdiction.
Likewise, in the event of disputes relating to online contracts and advertising, data protection and protection of minors, the user may resort to out-of-court dispute resolution, without prejudice to the rights that, as a consumer, you are granted by current law, if you are entering the contract as such.
28. COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS
We are here to receive comments and suggestions as well as any query, complaint or claim that you wish to send us through our means of contact. Wisdom Apothecary, as the entity responsible for the online Platform used for marketing and selling the products, offers final customers a Customer Care service in Spanish 5 days a week from Monday to Thursday from 9.00 am to 5.00 pm and Friday from 9.00 am to 3.00 pm, except for business holidays, where it will provide answers to any queries related to the purchase of products through the system of wisdomapothecary.com. The available means of contact are:
- Email address: hola@wisdomapothecary.com
- Postal address: C/ Balmes 26, 5º 1ª, 08007, Barcelona, Spain
- Through the contact form
To ensure the best service by the Customer Care department, should you submit a complaint, we will give you an identification number that will allow you to monitor your complaint, and we will send you proof of the complaint to your email address.
Wisdom Apothecary will respond to any complaint received as quickly as possible and, in any case, within one (1) month from the time the complaint is submitted.
We also have official complaint forms available for consumers and users. You can request them through our means of contact. Your complaints and claims submitted to our Customer Care department will be replied to as quickly as possible and, in any case, within the legally-established deadline, and we will endeavour to find an amicable solution to the conflict.
If as a consumer you believe your rights have been violated, you can send us your complaints to the email address hola@wisdomapothecary.com to request an out-of-court solution to disputes. Along these lines, if the purchase you made from us was made online through our Website, in accordance with EU Regulation No. 524/2013, you have the right to request an out-of-court solution to disputes arising from online transactions.
Last update: 1st of July 2019