TERMS OF SERVICE
GENERAL CONDITIONS OF THE CONTRACT
- ACCEPTANCE OF THE CONDITIONS
- These general contracting conditions (the "General Conditions") regulate the sale by OLE OLA COMPLEMENTOS, SL, with registered office at C/ Peseta, 14, 11591JEREZ and NIF number B11913720 (hereinafter, ECUE) to the Client (the "Client ” or “User”) of the products offered by ECUE through its online store https://Ecue.es / (hereinafter, “the Web”) in accordance with the provisions of its product catalogue.
- For the purposes of the provisions of these General Conditions, the products are addressed exclusively to the Client or User (understood as the natural person over eighteen (18) years of age or the duly represented legal entity), who acts as consumer or final recipient, any professional activity of resale or distribution of the products purchased is prohibited.
- These General Conditions will be applicable to each and every one of the acquisitions that the User formalizes through the Web ( https://ecue.es /). The user acknowledges that he has the legal capacity to be bound and acquire the products, and agrees to be bound by the provisions of these General Conditions.
- PURCHASE PROCESS: ORDER AND ACCEPTANCE
- Users (registered or acting as Guests on the Web) may place an order through https://ecue.es /. The user who requests a product through the Web declares with full capacity to contract and use any of the means of payment that are offered through it.
In order to proceed with the purchase of a specific product, the user will need to select the product they wish to purchase, subsequently indicating the number of units of the product they wish to add and add it to their cart.
- Once the product has been added to the cart, and in case it had a discount coupon, the user can add the code of the same, and update his cart to determine what the purchase price would be.
Next, the User must click on the "Complete purchase" button and at that moment a new phase of the process will be opened in which the user will be asked for the necessary information to complete the shipment and determine the details of the invoice that ECUE must make. . Thus, the user must complete the submission form providing the following personal data (considering that those marked with an asterisk will be mandatory): name *, surname *, company name (optional), country *, address of the street *, house number and name of the street, apartment, room, staircase, etc. (optional), postal code *, town / city *, province *, telephone * and email *.
At that time, the user will also have the option of creating an account, so that in his future accesses, he can be identified by entering his password without having to re-enter all the shipping data, thus simplifying the process of buys.
The creation of an account will entail the need for the user to enter a password.
The use of the password is personal and non-transferable, and its assignment, even temporary, to third parties is not permitted. The user agrees to make diligent use and keep it secret, and must modify it from the moment they know or suspect improper use of it and therefore assume all responsibility for the consequences that may be caused by the communication of said information. password to third parties.
The user also agrees not to use false identities or impersonate others in the use of the Web, including the use of passwords or access codes of third parties or in any other way.
The user will also have the option at this stage to add a shipping address different from the main one (which will be the billing address) and to add a special note for delivery (clarifications or specific requests).
Once such data is completed, separately from the price, and before confirming the order, the total shipping costs to the address provided by the User will appear on the right side of the screen. The user undertakes to provide a delivery address for the order that makes it possible to do so within the usual merchandise delivery hours. In case of breach by the user of this obligation, ECUE will not have any responsibility for the delay or impossibility of delivery of the requested order.
The user will validate the order once the corresponding payment is made and as established in the fourth point of these conditions. The validation of the order by the client expressly supposes the knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract, which must be expressly accepted by marking the corresponding box, prior to placing the order.
ECUE will file a copy of the transactions carried out with users through an electronic document that, unless proven otherwise, will constitute proof of the effective completion of said contract.
Order confirmation does not imply final acceptance of the order: each order is subject to product availability verification procedures. In accordance with these procedures, ECUE will have a period to inform the Client of the final acceptance thereof. In the event that a product is not available, ECUE may grant the possibility of reserving them or making a prior purchase (informing the user of the period of receipt and estimated delivery for it) or reject the order due to lack of availability.
Once the sales process has been completed, ECUE will provide the Customer with confirmation of the purchase made and of the conditions accepted and applicable to said purchase, thus formalizing the contract between the parties. Said confirmation will be issued by email that will include attached the conditions applicable to it.
PRODUCT CATALOGUE: CHARACTERISTICS AND AVAILABILITY.
The product supplied by ECUE will correspond to the descriptions and specifications contained in the Web itself at the time of placing the order. Each product will have a tab on the Web that includes a brief description of it, the price and indicative information on the availability of the product.
The products offered on the Web are valid as long as they remain visible on it and with the stock indicated in each case. Each product will show the term in which it can be dispatched from the warehouse or if there is no stock of the product. The computation of said term will be computed in any case on working days.
In case of unavailability of the product after the order has been placed, the user will be informed by email of: a) the new delivery time of the product if it should be replaced due to damage or defects in the product; b) of the cancellation of this, in the event that it could not be served in any case, proceeding therefore to the return of the amounts that, if applicable, had been received.
The repayment period of said amount will depend on the payment system selected by the user and the conditions of each bank.
The price of the product will be the one in force at the time of formalizing the order and, where appropriate, once the discounts that were applicable to the user who had a specific discount code have been applied. The price offered to the client is the final price that includes the legally applicable taxes as well as the rates that are applicable as provided in the product file at the time of placing the order.
The amount of shipping costs must be paid together with the payment of the price of the selected product. Shipping costs will be determined in detail at the time of placing the order.
In any case, the shipping cost is calculated based on the destination.
Customs costs are not included in the price and must be paid by the buyer.
Payment for orders placed through the Web may be made by debit/credit card (Redsys system) or through PayPal.
To proceed with the payment, the User must follow each and every one of the instructions that appear on the screen, providing all the information requested to make the payment effective.
ECUE informs the user that the payment will be made through an electronic commerce payment gateway of the bank itself that encrypts the data in order to guarantee maximum security of the data provided by the user. The data provided by the user during the payment will not be stored by ECUE.
In the event that the payment is made by VISA or Mastercard, the charge will be made instantly if the card is a debit card or at the end of the billing period of the card if it is a credit card. For payments made with cards issued outside of Spain, it is necessary that the issuing bank is covered by the Secure Electronic Commerce Security Protocol (CES), not accepting payments with cards that do not meet this requirement. If during the payment process the user is informed of any error that does not allow the effective payment of the amount corresponding to the requested order, it will be automatically canceled and the customer will be informed of the cancellation through an error message on the screen.
The products will be sent by courier service to the shipping address indicated in the order and within a period of between twenty-four and seventy-two hours (24-48 hours) from the formalization of the order from Monday to Friday from 10 a.m. to 5 p.m. :00 to 14:00 hours. Orders placed outside these hours will be prepared the next business day.
Products will not be delivered to post office boxes or public places.
In special times of promotions and Christmas, delivery dates may be increased.
IMPORTANT: Orders that are pre-order (pre-purchase) will arrive in the range of dates set in the description of said item.
The product will be delivered to the Customer as indicated, and the latter must sign the delivery note upon receipt.
In the case of placing an order for several items with different availability, ECUE will break down the order, sending the available items and leaving the items that are not available pending a second shipment. In this case, the second shipment will be made without any additional cost.
It is up to the user to check the status of their order at the time of delivery and then make any claims they deem appropriate. You also have the possibility of rejecting the package, if it has been opened or if it has obvious signs of deterioration.
In the event that the client detects a problem at the time of delivery of his order (damaged packaging, missing or damaged products) he must indicate it in writing on the carrier's delivery note and contact our customer service center through ac @Ecue.es within a maximum period of three (3) calendar days from the receipt of the order and indicating in the subject of the email "Product return due to delivery defects" followed by the order identification number. No return of a damaged item will be accepted, as well as a claim for a missing item, if it has not been communicated within the term and as established.
It will be understood that the product has been delivered to the Customer's satisfaction when the latter takes charge of the product by receiving it. At the time of delivery, the Client will examine the product, thus verifying the quantity, condition and integrity of the same to their satisfaction, and accepting it by signing the corresponding delivery note, which will mean their express resignation to make any subsequent claim.
LIABILITIES: LIMITATIONS AND DISCLAIMERS
Except as otherwise expressly provided in these General Conditions, ECUE's liability in relation to any product will be strictly limited to the purchase price of said product.
ECUE will not be responsible for any breach or delay in compliance with any of the obligations set forth in these General Conditions, the cause of which is due to events beyond its reasonable control ("Cause of Force Majeure"). Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:
- Strikes, lockouts or other industrial action.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
It will be understood that the obligations of ECUE derived from Contracts will be suspended during the period in which the Cause of Force Majeure continues, and will have an extension in the term to comply with said obligations for a period of time equal to the duration of the Cause of Force Majeure. . ECUE will use all reasonable means and diligence to try to fulfill its obligations despite the Cause of Force Majeure.
In accordance with the personal data protection regulations, we inform you that the data that the user voluntarily provides will be processed by OLE OLA COMPLEMENOS, SL, with address at C/ Peseta, 14, 11591 Jerez de la Frontera and CIF number B11913720. , in order to be able to manage the existing purchase and sale contract between the parties, which will include being able to identify you, carry out all the necessary steps to complete the purchase process of the selected product, manage the shipment of the product, manage possible changes or returns, conducting satisfaction surveys, etc.
The basis of legitimacy for the treatment of the data of the user who makes a purchase on the Web, is the execution of the purchase contract that binds both parties. The completion of satisfaction surveys is based on the legitimate interest of ECUE. Said data will be processed for the time necessary to manage the purchase of the products or services purchased, including possible returns, complaints or claims associated with the purchase of the product or service in particular and during the periods that the related legislation may require.
Within the framework of this contract, and for the purposes set forth, the Client expressly authorizes ECUE, for the purposes set forth above, to communicate their data to financial institutions, fraud detection and prevention entities, technology service providers, suppliers, and collaborators. of logistics, transport and delivery services, service providers related to customer service and in general those providers, whose intervention is necessary to complete the process of purchasing and shipping the product.
The client may exercise their rights of access, rectification, deletion, portability and the limitation or opposition to the treatments by writing to the registered office of ECUE or by sending an email to firstname.lastname@example.org, attaching a copy of ID or other identification document. Likewise, you may request to withdraw the consent given and complain to the Control Authority (Spanish Agency for Data Protection www.aepd.es).
Each of the Parties acts in its own name and right.
None of the Parties may assign their rights, interests, obligations or responsibilities that they acquire by accepting these General Conditions or delegate said responsibilities without the prior written agreement of the other Party.
These Conditions are written in Spanish. In the event of any discrepancy between the content of the Spanish version and any of the versions of these Conditions that may be translated, the Spanish version will prevail.
If any wording or clause of these General Conditions is considered invalid, illegal or unenforceable for whatever reason, this will not affect the validity of its other clauses.
No amendment or modification of these General Conditions will be valid without ECUE's written acceptance.
ECUE may modify the General Conditions at any time. The modifications made will not affect in any case the purchases that have been made previously. ECUE will inform of the modification of the General Conditions in advance of the date of entry into force of the new text.
APPLICABLE LAW AND JURISDICTION
These General Conditions are subject to Spanish regulations. The Client in his capacity as a consumer will not see the rights that are recognized as such by current legislation affected.