Article 1: Definition and Scope of Application
This document (Terms and Conditions) defines the terms applicable to sales concluded between any individual or individuals making a purchase through the website https://www.aquarelle.es, hereinafter referred to as âthe Buyer,â and the company Aquarelle BĂșcaro, S.L., hereinafter referred to as âAquarelle.â
Article 2: Application and Enforceability of the Terms and Conditions
Placing an order implies the Buyerâs express acceptance of these Terms and Conditions, which the Buyer shall have had the opportunity to review prior to confirming the purchase.
These Terms and Conditions exclusively govern the contractual relationship between the Buyer and Aquarelle. Any differing conditions proposed by the Buyer shall only be valid if expressly accepted in writing by Aquarelle.
The occasional non-enforcement of any provision of these Terms and Conditions by Aquarelle shall not be interpreted as a waiver of its right to enforce such provision in the future, nor shall it affect the validity of the remaining clauses.
If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by law or court ruling, such invalidity shall not affect the validity of the remaining provisions, which shall remain fully enforceable.
Aquarelle may update these Terms and Conditions to reflect legal changes or service improvements. In any event, new versions shall only apply to orders placed after their publication. Orders already confirmed shall be governed by the conditions accepted at the time of purchase.
The Buyer may consult, download, and print these Terms and Conditions at any time prior to placing an order. Aquarelle recommends keeping a copy for reference.
Article 3: Legal Capacity
Customers declare that they are of legal age and possess full legal capacity to enter into contracts.
Article 4: Placing an Order
The Buyer must provide complete and accurate information to ensure proper processing and delivery of the order. Aquarelle shall not be held responsible for any failure to deliver due to errors or omissions in the information provided, unless such error is attributable to Aquarelle or the carrier.
The order shall be deemed confirmed and binding once payment has been made. Due to the perishable nature of the products, it shall not be possible to modify or cancel the order once the preparation and/or shipment process has begun, except in cases legally provided for withdrawal or contract termination.
All offers are valid while stocks last. In the exceptional event that a product becomes unavailable after an order has been placed, Aquarelle shall inform the Buyer as soon as possible by digital means (email or SMS) and offer an alternative product of equivalent size and quality, a change in the delivery date, or, if preferred, a full refund of the amount paid. If no response is received in time, Aquarelle may proceed in the manner it considers most favorable to the customer, always prioritizing the delivery of a product of equal or greater value.
Aquarelle shall confirm receipt of the order and payment by means of an email confirmation.
Article 5: Price
All prices are displayed in euros and include the applicable Value Added Tax (VAT) as well as any promotions or discounts valid on the date the order is placed.
Shipping costs, which include packaging and transport, shall be indicated separately before the final confirmation of purchase so that the Buyer is aware of the total amount to be paid.
Products are supplied at the price in effect at the time of order confirmation. In the event of a manifest error in the price displayed on the website, Aquarelle reserves the right to correct it, duly informing the Buyer before proceeding with the shipment.
Payment for the order must be made in full at the time of confirmation, using any of the payment methods available on Aquarelle.es.
Article 6: Payment Security
At Aquarelle, we guarantee that all payments are made in a fully secure environment. Transactions may be carried out online or by telephone using a debit or credit card, through a specialized payment service provider certified in accordance with international security standards (PCI DSS).
The transmission of banking data is encrypted using the SSL (Secure Socket Layer) protocol, ensuring the confidentiality and protection of information. Furthermore, all transactions are validated using strong customer authentication (European PSD2/SCA regulation).
Aquarelle does not have access to the Buyerâs bank card details at any time and does not store them in its systems. The payment process is managed exclusively by the authorized payment provider, who securely verifies the validity of the transaction.
For more information about the available payment methods, you may consult this page.
Article 7: Delivery
Deliveries are carried out through partner transport companies, such as MRW, CTT Express, or Paack, throughout mainland Spain, excluding the Balearic Islands, Canary Islands, Ceuta, and Melilla. Aquarelle may use any of these or other equivalent logistics companies to ensure the best possible quality and speed of service. The order will be delivered to the address indicated by the Buyer within the time slot or on the date selected during the purchase process.
Through the order tracking system, accessible via the confirmation email or the customer area, the Buyer may check the shipping status and contact details of the carrier in charge, in order to directly manage any delivery issue or arrange a new delivery if desired.
In some cases, the transport company may send an SMS or notification to the recipient to coordinate delivery and avoid incidents. Aquarelle cannot guarantee that the delivery driver will make a phone call prior to delivery, as this process is managed automatically by the logistics platforms of the partner companies. Direct phone calls by drivers are not part of the standard delivery protocol and are made only exceptionally, in case of an incident (for example, incomplete address, absent recipient, or non-locatable delivery point). However, even in the event of an incident, a call is not always made, as in many cases the carrierâs central office manages the issue directly without intervention from the driver on site.
To facilitate delivery management, it is advisable to provide a valid Spanish mobile phone number that allows receipt of notifications and, when necessary, quick contact with the recipient.
If the recipient is absent at the time of delivery, the carrier will leave a notice or contact them later to arrange a new delivery or collection at a designated point, depending on the available options.
The Buyer understands that it is not possible to guarantee delivery at an exact time. However, Aquarelle will make every reasonable effort to comply with the selected time slot or delivery date and to ensure that the order arrives in the best possible condition.
In the event of delays caused by circumstances beyond Aquarelleâs control, such as adverse weather conditions, natural disasters, health crises, industry-wide strikes, supply interruptions, traffic restrictions, or incorrect information provided by the Buyer, Aquarelle shall not be held responsible for the failure to meet the delivery deadline. Nevertheless, we will keep the customer informed and act diligently to resolve the issue as quickly as possible.
7.1 Delivery Terms
Available delivery time slots and dates are displayed automatically when selecting the product and entering the destination postal code. In this way, the Buyer can choose the option that best suits their needs before confirming the order.
For orders destined for Madrid city and certain nearby locations, the system will offer same-day delivery depending on the order time. For the rest of mainland Spain, deliveries are normally made from Monday to Saturday, within the time slot indicated during the purchase process.
In the event that the recipient is absent, the carrier may leave a delivery attempt notice or contact them by SMS or phone to arrange a new delivery or collection at a designated point. Since Aquarelleâs products are perishable and time-sensitive, and in order to avoid a 24-hour delay that could affect freshness, the parcel may be left, whenever circumstances allow, in a location considered safe by the delivery driver, such as the buildingâs concierge or a neighbor. This practice is only carried out when it is reasonable, customary in the delivery area, and in the customerâs best interest, while always ensuring that the product is kept in the best possible condition.
The system will automatically display the earliest available delivery date based on the product and the postal code entered. If preferred, the Buyer may select a later delivery date from the available options, up to 30 days in advance for most flower bouquets.
7.2 Order Delivery
The delivery times indicated during the purchase process are as precise as possible, depending on the selected product, postal code, and current logistical availability.
Aquarelle will make every reasonable effort to meet the chosen date or time slot. In the event of a delay not caused by force majeure or circumstances beyond its control, the Buyer may request appropriate compensation, such as reimbursement of shipping costs or a discount voucher for a future order. Only in cases where the order is refused at the time of delivery due to a delay clearly attributable to the carrier, and provided that the product could not be accepted or used by the recipient, may a full refund be processed.
If the recipient is absent at the time of delivery, the carrier may leave a delivery attempt notice or contact them by SMS or phone to arrange a new delivery or indicate collection at a local office or pickup point. The available options depend on the transport service and delivery area, in accordance with the operational procedures of each partner company. Aquarelle will inform the Buyer of the shipping status and, in the event of an incident, will provide all possible assistance to ensure delivery as soon as possible.
For perishable products such as flower bouquets, chocolates, or fruit assortments, it is recommended that the order be received or collected within 24 hours of the first delivery attempt, in order to preserve maximum freshness and quality. After this period, Aquarelle cannot guarantee that the product will maintain optimal conditions due to its perishable nature.
As a reference and in line with its quality policy, Aquarelle may offer the following compensations in cases of delay clearly attributable to the transport company contracted by Aquarelle and not due to force majeure:
- Delay exceeding 24 hours: refund of shipping costs for flower bouquets, chocolates, and fruit assortments.
- Delay exceeding 48 hours for bouquets or 72 hours for chocolates and fruit assortments: possibility of a full refund of the order, only if the recipient refuses delivery due to the delay and the product cannot be used.
If delivery of the order proves impossible due to reasons attributable to Aquarelle or the contracted carrier, and not due to force majeure, Aquarelle may cancel the order and fully refund the amount paid, without prejudice to the consumerâs rights under applicable law.
Force majeure shall include any circumstances beyond Aquarelleâs control that prevent or delay delivery, such as labor disputes, industry-wide strikes, natural disasters, extreme weather conditions, health crises, traffic restrictions, fires, or interruptions in the supply of essential materials or services. In all cases, Aquarelle shall inform the Buyer as soon as possible and take all reasonable measures to minimize the consequences of the delay.
The calculation of delivery times shall be conditional upon the order being properly validated and payment confirmed.
At Aquarelle, we always guarantee the highest freshness and quality of our flowers. In the event of any issue with delivery or product condition, our team will review the case individually to offer the most suitable solution, always aiming for the customerâs full satisfaction.
Article 8: Right of Withdrawal
In accordance with current legislation, the Buyer has a period of 14 calendar days from receipt of the order to exercise their right of withdrawal, without the need to justify their decision or incur any penalty. The direct cost of returning the goods shall be borne by the Buyer, unless the product is defective or does not correspond to the order placed.
However, under Article 103 of Royal Legislative Decree 1/2007, this right shall not apply to contracts concerning the supply of goods that may deteriorate or expire rapidly, such as fresh flower bouquets, natural plants, chocolates, or fruit assortments. Due to their perishable nature, these products cannot be returned once delivered.
The right of withdrawal shall apply to non-perishable products such as scented candles, gift boxes, or other complementary items, provided they are returned in their original packaging, unused, and in perfect condition.
To exercise the right of withdrawal, the Buyer must clearly notify Aquarelle of their decision within the established period, using any of the contact methods indicated in the Customer Service section. Aquarelle will confirm receipt of such notification and provide return instructions.
Once the products have been received, or proof of shipment provided, Aquarelle shall refund the Buyer the corresponding amount within a maximum period of 14 calendar days from the date on which it was informed of the Buyerâs decision to withdraw. The refund will be made using the same payment method employed for the purchase.
The Buyer may, if desired, use the model withdrawal form included in the Annex of the General Law for the Defence of Consumers and Users, available here.
Article 9: Return and Complaint Procedures
9.1 Guarantee and Returns
At Aquarelle, we guarantee that all products delivered comply with the quality and conformity requirements established under Spanish law. In the event of receiving a defective product or one that does not conform to the order, the Buyer may request a replacement or a refund in accordance with the conditions of the legal guarantee.
In the case of a complaint relating to the condition of the flowers, product freshness, or a noticeable difference from the model presented on the website, the Buyer must send Aquarelle clear photographs that allow the issue to be verified. These images should be taken from multiple angles (front, side, and top) and, whenever possible, include the complete bouquet and the original packaging. This visual documentation facilitates an objective evaluation of the case and enables a quick and appropriate response. In the absence of photographs or sufficient verification elements, Aquarelle will assess the complaint based on the available information and may reject it if insufficient proof is provided, except in duly justified exceptional cases.
For handmade and perishable products such as flower bouquets or floral arrangements, it is recommended that any visible issue be reported within a maximum of one (1) calendar day from receipt, to allow verification under proper conditions and ensure a prompt solution. This period reflects both the artisanal and personalized nature of the product and its limited lifespan, without limiting the consumer rights recognized by law. For other non-perishable items, complaints may be made within a period of fourteen (14) calendar days from delivery, without prejudice to the rights arising from the legal guarantee of conformity.
Products must be returned, whenever possible, in their original packaging or in packaging that ensures equivalent protection, and in the same condition as received. The Buyer must retain proof of return shipment or delivery until confirmation of receipt by Aquarelle. Returns shall be processed in accordance with applicable consumer and product warranty regulations.
9.2 Legal Guarantee of Conformity
All goods supplied by Aquarelle are covered by the legal guarantee of conformity set out in Royal Legislative Decree 1/2007 of 16 November, approving the General Law for the Defence of Consumers and Users, as amended. This guarantee has a minimum duration of three (3) years from the date of delivery, during which Aquarelle is liable for any lack of conformity existing at the time of delivery that becomes apparent within that period.
In the case of a non-conforming or defective product, the consumer may choose, as appropriate, between repair, replacement, price reduction, or contract termination, in accordance with Articles 118 and following of the above-mentioned law. These actions shall be carried out free of charge for the consumer and within a reasonable period, without significant inconvenience.
The Buyer must inform Aquarelle of the lack of conformity as soon as it becomes apparent, using any of the contact methods indicated in the Customer Service section.
The legal guarantee does not apply to perishable or artisanal and personalized products, such as bouquets, plants, or floral arrangements, which by nature cannot be repaired or replaced. In such cases, Aquarelle guarantees the quality and freshness of its products at the time of delivery, in accordance with the specific conditions set out in Article 9.1 above.
9.3 Artisanal Nature and Product Variations
Each Aquarelle bouquet or floral arrangement is handcrafted using fresh flowers selected daily according to season and availability. For this reason, slight variations in color, shape, or composition may occur compared with the photographs shown on the website. These differences do not constitute a lack of conformity or grounds for return, provided that the style, size, and overall harmony of the chosen bouquet are respected. Aquarelle guarantees, in any case, the quality, freshness, and aesthetic integrity of the product delivered, faithful to the spirit of the model presented on the website.
Article 10: Personal Data Management
Aquarelle BĂșcaro, S.L. processes its customersâ personal data with the utmost confidentiality and in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR), and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
The data provided will be processed for the purpose of managing orders, providing contracted services, issuing the corresponding invoices, and, where applicable, sending commercial communications related to Aquarelleâs products and services, provided that the user has given their express consent.
The customer may exercise their rights of access, rectification, erasure, objection, restriction of processing, and data portability at any time by using the contact form available on our website, or by sending a written request to Aquarelle BĂșcaro, S.L., C/Bell 17, 28906 Getafe (Madrid), Spain.
For detailed information on the processing of personal data, the legal basis for such processing, and data retention periods, please consult our Privacy Policy available on our website.
Article 11: Customer Service
Aquarelleâs Customer Service department is available Monday to Friday, from 9:00 to 14:00 and from 15:30 to 18:00 (excluding Saturdays, Sundays, and public holidays).
Any request or inquiry will receive a response within a maximum of 72 hours.
To contact our Customer Service team, the Buyer may use the online contact form, available at all times through the website, or send a written request by post to the following address:
Aquarelle.es
Customer Service Department
C/Bell 17 â 28906 Getafe (Madrid), Spain
Article 12: Disputes and Mediation
Any complaint or dispute will always receive our full attention. At Aquarelle, we act in good faith and strive to resolve any issue promptly and satisfactorily.
Complaints related to the quality of flowers or plants must be communicated to the Customer Service department within a maximum of one (1) calendar day from receipt of the order, to allow proper verification and a quick resolution. For other products or issues, the deadline is fourteen (14) calendar days from delivery.
The customer may submit their complaint through the contact form available on the website or by post to:
Aquarelle.es
Customer Service Department
C/Bell 17 â 28906 Getafe (Madrid), Spain
In the event of disagreement, the customer may resort to a mediation or amicable dispute resolution procedure. Aquarelle will participate in such procedures in good faith, with the aim of reaching an amicable and satisfactory extrajudicial settlement. Consumers may also access the European Online Dispute Resolution (ODR) platform, in accordance with Regulation (EU) 524/2013.
Ultimately, disputes that cannot be resolved amicably shall be submitted to the competent courts in accordance with Spanish law.
Aquarelle is not a member of the Consumer Arbitration System; however, it will review each arbitration request submitted by consumers on a case-by-case basis to seek an amicable resolution.
Article 13: Applicable Law and Jurisdiction
These general conditions are governed by Spanish law. In the event of conflict or disagreement concerning the interpretation or execution of the contract, the parties shall submit to the courts of the consumerâs domicile, or, failing that, to the competent courts in accordance with applicable legislation.
When the Buyer does not qualify as a consumer or user under Royal Legislative Decree 1/2007 of 16 November, the parties expressly agree to submit to the Courts and Tribunals of Madrid (Spain).
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