TERMS AND CONDITIONS
GENERAL CONDITIONS OF CONTRACT
1.IDENTIFICATION OF THE RESPONSIBLE FOR THE WEBSITE
- Owner: esdorado.com (Hereinafter, esdorado.com or the provider)
- Registered office: Avenida Moya 6, C. Comercial Eurocenter 4a planta local 185 - 35100 Playa del Inglés, Gran Canaria
- CIF: ESB76334200 Inscrito en la Hoja GC-00055010, Tomo 02207, Folio 091
- Phones: +34 928402787
- E-mail: firstname.lastname@example.org
The present general conditions (hereinafter, the "General Conditions"), together, where appropriate, with the particular conditions that may be established (hereinafter, the "Particular Conditions"), are intended to expressly regulate the conditions applicable to the processes of contracting carried out by clients (the "Client"), of products and / or services offered by esdorado.com through its website www.esdorado.com These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, without prejudice to the fact that esdorado.com reserves the right to modify, without prior notice, both the General Conditions, where appropriate the Particular , as well as any of the legal texts that are exposed on the Website. In any case, access to the Website after its modification, inclusion and / or replacement, implies acceptance of the same by the user. The client is subject to the General Conditions in force at each of the moments of making the corresponding contract, not being possible to contract any product and / or service, without prior acceptance of these General Conditions and, where appropriate, the conditions individuals that regulate the provision of certain services. The temporary validity of the Conditions coincides with the time of their exposure, until such time as they are totally or partially modified. The new Conditions will be applicable from the moment they are available to the client, and are thus fully accessible. All purchases of Products purchased through the Website, after identification and authentication, through the customer name and password that was provided, will be considered validly made by the customer, and will be binding. Consequently, the client will be solely responsible for any purchases of Products through the Website by any third party that uses their client and password. The placing of orders from the Website by a minor who falsifies the registration information, will be understood to be carried out under the supervision and authorization of their parents, guardians or legal representatives. In case of contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those Products subject to said specific conditions.
The electronic contracting process through the website www.esdorado.com will be carried out between the "Client" and "esdorado.com", understood as the "Point of Sale" of esdorado.com chosen by the client during the hiring process. Consumers, who are natural persons, who are of legal age (over 18 years) and have a National Identity Document (DNI) or, where appropriate, will be considered as "Client" of the website www.esdorado.com , legal persons that adequately prove their condition and accept these General Conditions and the Particular Conditions that, where appropriate, are applicable. The purchase of Products through the Website, by minors or by customers who do not meet the requirements set forth in these General Conditions, or where appropriate, in the Particular ones, is expressly prohibited . The "Point of Sale" will be the entity that owns the establishment that the client has chosen when placing his order, and will be the one with whom the sale of the Products requested will be understood to have been held.
4.USE OF THIS WEBSITE
By using this website and placing orders through it, the customer agrees to:
- Use this Website only to place legally valid orders.
- Do not place any false or fraudulent order. If it could reasonably be considered that an order of these characteristics has been placed, esdorado.com may cancel it and inform the competent authorities.
- The veracity of the personal data that you provide us. If you do not provide us with all the information that is requested, we will not be able to process your order.
It is prohibited for the user:
- Create a link between this Website and any other Internet site, or include in a frame any part of this Site without the express prior consent of esdorado.com
- Hack this Website or use it for the purpose of transmitting computer viruses, in any of its forms, or other illegal purposes.
- Unauthorized access to this Website, to the server where it is hosted or to any server, computer or database related to our website.
- Modify or falsify a representation of content copied from this Website or use such content without publishing the copyright notice and other intellectual property notices used by this Website in relation to the aforementioned contents, in the same way and in the same as on the Website.
4.1. ACCESS AND REGISTRATION ON THE WEBSITE
Access and consultation of the catalog of products and / or services published on the www.esdorado.com website is free and free, and the registration of customers is not necessary. Similarly, in order to start the process of contracting the products and / or services displayed on the Website, it is essential that customers register as a user, following the instructions provided below.
4.2 REQUIREMENTS TO REGISTER AS A USER
It is an essential requirement to be able to register as a client to be over eighteen (18) years old and to provide through the form provided by esdorado.com through the Website, all the data required and identified as mandatory. The registered client assumes that their client account is personal and non-transferable, being able to register on the Website both natural persons and legal entities. Every registered client will have an access password, which will be, in any case, personal, non-transferable, will have a limited temporary validity and must meet minimum requirements of length and security. The client may modify or recover said password at any time, following the procedure provided on the Website. In no case will esdorado.com know said password, which will remain in the encrypted esdorado.com systems. By virtue of the foregoing, it is the customer's obligation to immediately notify esdorado.com of any fact that allows the misuse of identifiers and / or passwords, such as theft, loss, or unauthorized access to them, with in order to proceed with its immediate cancellation. As long as such events are not communicated, the provider will be exempt from any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.
- Identification data and means of contact of the claimant or his legal representative.
- Documentation that proves your condition as owner of the rights allegedly infringed.
- Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
- Express declaration by the claimant that the use of the contents has been made
4.3 UNSUBSCRIBE AS A REGISTERED CUSTOMER
The legal relationship derived from registering as a client of the Website has an indefinite duration. Either of the parties may terminate or suspend this contractual relationship unilaterally at any time and without any cause other than their will in this regard, without prejudice to the obligations arising from the formalization of orders prior to the termination of the relationship. The client may unilaterally exercise the right of termination through the process of canceling accounts. In any case, once the cancellation has been made, the client may request a new registration, saving the provider's power to not admit said registration in the specific cases specified in the clause called "Website Use Rules" or in the event that of conflict or controversy raised between the parties, that is still to be resolved or that has ended with acknowledgment of fault or negligence of the client and / or damage to the provider, its collaborators and associates or its clients, clients or potential clients. Likewise, esdorado.com reserves the right to cancel the username and password, and therefore access to the Website, of those customers who have debit or unpaid balances.
5. PROCESS OF ELECTRONIC PROCUREMENT OF PRODUCTS
5.1 INFORMATION AND AVAILABILITY OF THE PRODUCTS OFFERED
All the information related to the products and / or services offered by esdorado.com for its Online Channel will be published through the website www.esdorado.com, indicating the following information regarding each of them:
- Brand of the product
- Product model
- Product image
- Product description
- Price of the product
- Product discounts (if applicable)
- Technical specifications of the product
- Product availability (stock)
Esdorado.com may, at any time, add new Products to those included on the Website, it being understood, unless otherwise provided, that such new Products will be governed by the provisions of the General Conditions in force at that time. Likewise, esdorado.com reserves the right to withdraw or stop offering, at any time, and without prior notice, any Products offered on the Website. In the event that esdorado.com does not have stock of any of the requested products, the customer will be informed of said situation, indicating the possibility of waiting for the existence of stock of the product, canceling the purchase, implying the corresponding return of the economic amounts paid, or where appropriate, supply a product with similar characteristics (with the same or even higher qualities).
5.2 PHASES OF THE ELECTRONIC CONTRACTING PROCEDURE
Once the products and / or services offered by esdorado.com have been selected by the client, the client must follow the phases of the contracting process indicated below: Phase 1. Validation of the Shopping Basket: the User, once the selection of the products and / or services that he wishes to contract is finished, must validate his shopping basket, in which the selected products and / or services will be shown. , the number of units, their price, the term and the shipping costs. Phase 2. Provide Billing and Shipping Data: the User, once they validate their shopping cart, must provide esdorado.com with the billing and shipping data of the products and / or services, and must expressly accept, by dialing of the corresponding box, of these Contract Conditions. If you do not check the acceptance box, the Website will not allow you to continue with the contracting process. Phase 3. Select the Payment Method: the User, once they provide the billing information and, if applicable, the shipping information, must select the payment method they wish to use. Currently, esdorado.com validates the following payment methods: Credit card and transfer. Phase 4. Payment of the total economic amount: the User, if he has opted for either of the two means of payment (Card or Transfer), will be automatically redirected by the system to the online payment platforms (POS) of the corresponding banking entities. Phase 5. Purchase Confirmation: esdorado.com will send the customer within a maximum period of 24 hours from the moment of the effective payment of the purchase by the customer, an email in which a summary will be provided, with all the characteristics of the sale made. This email will be considered "Proof of Purchase". Likewise, the client can consult and / or download the invoice in the My Orders area. The order confirmation and Proof of Purchase will not be valid as an invoice.
6. ECONOMIC CONDITIONS AND FORMS OF PAYMENT
6.1 ECONOMIC CONDITIONS
All products and / or services offered on the Website are associated with the final price of the product, as well as, where appropriate, the possible discounts that may apply to said purchase. The prices shown on the Website are exclusively applicable to the Products offered through said Channel and during the time they remain published, the same products may have different prices in the establishments of the esdorado.com Point of Sale network. The prices of the Products are always shown in euros and include the IGIC which is zero, as well as any other tax that may be applicable, being those in force and legally applicable at that time. In the same way, all the prices shown do not include the possible applicable shipping costs, which amount to € 6.99 for all products, throughout Europe. In the event that esdorado.com identifies a manifest error in the price of any of the published Products, it will inform the client immediately, as well as carry out the corresponding publication of the rectification of the same through the Website and in the usual means of communication, with the client having the option of reconfirming, through the "My Account" section, their order at the correct price or, failing that, canceling it. Esdorado.com expressly reserves the right to modify prices at any time, without the need for prior notice. However, in any case, the current rates indicated on the Website at the time the corresponding order is placed will apply.
6.2 FORMS OF PAYMENT
To proceed with the payment, the client must follow each and every one of the instructions shown in phase 3 of the electronic contracting process, described above. All payment methods provided by esdorado.com are subject to checks and authorizations by the entities that issue the payment method (card issuers and / or payment account issuers), but if said entity does not authorize payment, it will not be possible to continue with the purchase procedure initiated, the order being automatically canceled, and it is understood that the purchase and sale of the Product or Products requested has not been made. The charge for the price of the Products, the costs of the shipping service -if applicable-, as well as any applicable taxes, will only be made at the time of placing the order. To carry out the electronic payment, esdorado.com has installed an electronic commerce payment gateway provided by banks authorized for them. All data provided to esdorado.com for these purposes is duly encrypted to guarantee maximum security and confidentiality, hosted on a secure server certified according to the "Secure Socket Layer" (SSL) protocol. In no case will esdorado.com store the card data provided by the Customers through the payment gateway, and will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed, with in order to be able to return the corresponding economic amounts.
7. CONDITIONS OF COLLECTION AND DELIVERY OF THE PRODUCTS
Products whose purchase has been made through the esdorado.com Website will be sent to the postal address indicated in the order form, and it cannot correspond to a PO box or public places, such as public roads. , squares, stations, airports or other similar.
7.1 HOME DELIVERY
The shipment will be made, in general, within a period of 10-15 business days from the date of purchase, to the postal address that has been included in the order data, except in cases of force majeure. In the case of payments made by bank transfer, the shipment is calculated from the receipt of the credit. At certain times, such as Christmas, Black Friday or exceptional events, the delivery period may be longer. Shipping costs amount to € 6.99 for all products destined for shipments throughout Europe.
8. RIGHT OF WITHDRAWAL OF ORDERS
The Client has recognized the right of withdrawal of the purchase made through the Website, and therefore, if he is not satisfied, he may return the Product within a maximum period of fourteen (14) calendar days from when he has acquired possession of the product. / s or from the formalization of the contract in the case of contracting services. The right of withdrawal may be exercised through the following channels:
- Through the Website, by filling in the web form attached to the return request.
- By contacting Customer Service, where the steps to follow will be indicated.
The return will include the amount of the purchase and, if any, the delivery costs. The return will be made in the same means of payment with which the Product was purchased, discounting the return costs that will be borne by the customer. The customer must return the products subject to withdrawal without any undue delay and in any case at the latest within 14 calendar days from the date on which his decision to withdraw is communicated. The refund of the amount corresponding to the withdrawal will be made within a period of 14 days from the date on which the decision to withdraw from the contract has been effectively and unequivocally communicated and provided that the goods or products object of withdrawal have been previously received, in case Otherwise, the disbursement may be withheld until the receipt of said goods or until the customer proves the return of the goods. They are excluded from the right of withdrawal
- The provision of services, once the service has been fully executed.
- The supply of goods or services made according to the customer's specifications or clearly personalized.
- The supply of sealed goods that are not suitable to be returned for reasons of health protection or hygiene and that have been unsealed after delivery.
- The supply of sound recordings or sealed videos or sealed computer programs that have been unsealed by the customer after delivery.
- The supply of digital content (not provided on a physical medium) when the execution has already begun. The client expressly knows that once the digital download has begun, he will lose the right of withdrawal.
- Any other good or service covered by art. 103 of RDL 1/2007, of November 16.
The client will be responsible for the decrease in value of the goods resulting from a manipulation of the same other than that necessary to establish their nature, characteristics or operation. In any case, for the purposes of making use of the right of withdrawal, it is necessary that the Products be returned in their original packaging together with the invoice, in the event that they are returned without said original packaging or with damage, the amount to be paid to the customer for the return of the product will be reduced by the corresponding amount. Before returning the Product, the customer must ensure that it is properly protected and sealed so that it does not suffer any damage during transport.
When the Product or Products purchased show a lack of conformity because they do not correspond to the characteristics offered, show defects that prevent their normal use according to their nature, or do not offer the services described for it, the Client will have the right to clean up the good acquired within a period of two years from the purchase and under the conditions and with the means of proof regulated in the Consolidated Text of the General Law for the Defense of Consumers and Clients, without prejudice to the powers of the Point of Sale of check the veracity of defects, their origin and the time of their appearance. In any case, the customer must contact or request the collection of the product at the Point of Sale within a maximum period of two months from the discovery of the defect, and must inform the nature of the problem, the time and conditions of its appearance. Likewise, the client has the right to clean up the property following the rules of article 118 and following of the Consolidated Text of the General Law for the Defense of Consumers and Clients. In any case, the regulations on the guarantee of sale of consumer goods established by applicable legislation will be applied. If the product is defective, esdorado.com will be responsible whenever it is possible to replace the product, at no cost to the customer. In the event that for reasons of availability the replacement of the product cannot be made, the full refund of the purchase will be made.
10. CUSTOMER SERVICE AND AFTER SALES
The Points of Sale have Claim Sheets available to the consumer at the establishment. Any query, suggestion, complaint or claim related to the online sale of the Products can be made through our Customer Service:
- E-mail: email@example.com
- Phones: +34 928402787
- Address: Avenida Moya 6, C. Comercial Eurocenter 4a planta local 185 - 35100 Playa del Inglés, Gran Canaria.
- Telephone service hours: Monday to Friday from 09:00 to 18:00, Saturdays from 10:00 to 14:00. The times refer to the Atlantic / Canary time zone (GMT +0: 00).
11. PROCESSING OF PERSONAL DATA
12. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
The parties expressly agree that this contract will be governed and interpreted, in all its terms and conditions, in accordance with current Spanish legislation. The parties expressly submit, for any questions or divergences that may arise due to the interpretation, fulfillment and execution of this contract, to the jurisdiction and competence of the Courts and Tribunals corresponding to the buyer's domicile or those of the place of fulfillment of the contractual obligation. Online dispute resolution according to Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: https://ec.europa.eu/consumers/odr/
FORM TO EXERCISE THE RIGHT OF WITHDRAWAL
If you have problems with an online purchase and cannot resolve them with the merchant, you can use this platform to submit your complaint to an authorized dispute resolution body: