TERMS AND CONDITIONS
GENERAL CONTRACTING CONDITIONS
1. IDENTIFICATION OF THE RESPONSIBLE OF THE WEBSITE.
o Headline: esdorado.com, the first mobile store (Hereafter, esdorado.com or the provider)
o Registered office:
Avenida Moya 6, C.Comercial Eurocenter 4a planta local 185
35100 San Fernando-Playa del Inglés, Gran Canaria
o CIF: B76334200
o Telephones: +34 928402787
o E-mail: firstname.lastname@example.org
These general conditions (hereinafter, the "General Conditions"), together, where appropriate, with the particular conditions that may be established (hereinafter, the "Conditions Individuals "), are intended to expressly regulate the conditions applicable to the hiring processes carried out by users (the" Client "), products and / or services offered by esdorado.com through its site web www.esdorado.com
These General Conditions will remain in force and will be valid for as long as they are accessible through the Website, notwithstanding that esdorado.com reserves the right to modify , without prior notice, both the General Conditions, in their case 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 substitution implies acceptance of the same by the user.
The Client is subject to the General Conditions in force at each moment of the corresponding contracting, and it is not possible to contract any product and / or service, without the prior acceptance of these General Conditions and, where appropriate, the particular conditions 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 username and password provided, will be considered validly made by the Client, and they will be binding. Consequently, the Customer will be exclusively responsible for any purchases of Products through the Website by any third party that makes use of their username and password. The placing of orders from the Website by a minor who falsifies the registration information will be understood to have been 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 this last instrument will always prevail over those incompatible terms, and only for those Products submitted to these specific conditions.
The electronic contracting process through the website www.esdorado.com, will be made between the "Client" and "esdorado.com", understood as the " Point of Sale "of esdorado.com chosen by the Client during the hiring process.
They will be considered "Customer" of the website www.esdorado.com, those consumers, who are natural persons, residents in the Spanish territory, who are of legal age (over 18 years of age) and have a National Identity Document (DNI) or, where appropriate, legal entities that accredit their condition properly and accept these General Conditions and the Particular Conditions that may apply. It is expressly forbidden to purchase Products through the Website, by minors or by users who do not meet the requirements set forth in these General Conditions, or as the case may be, in the Particular .
The "Point of Sale" will be the titular entity of the establishment that the Client has chosen when placing his order, and will be with whom the sale of the Products ordered will be deemed celebrated. .
4. ACCESS AND REGISTRATION ON THE WEBSITE.
The access and consultation of the catalog of the products and / or services published on the Website www.esdorado.com is free and free of charge, not requiring the registration of the users.
In the same way, in order to start the process of contracting the products and / or services exposed on the Website, it is essential that users register as a user, following the indications provided below.
3.2 LOW AS A REGISTERED USER.
The user can, at any time, request their removal from the Website, by simply processing it through the section enabled for that purpose in the "My Account" section available at the Website.
In any case, once the deletion has been made, the user may request a new registration, being the faculty of the provider not to admit said registration in the specific cases specified. in the clause called "Rules of Use of the Website", or in case of conflict or controversy raised between the parties, that is to be resolved or that has ended with acknowledgment of fault or negligence of the user and / or damage to the Provider, to your collaborators and associates or your users, clients or potential clients.
4.1 REQUIREMENTS TO REGISTER AS A USER.
It is an essential requirement to register as a user 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 user assumes that his user account is personal and non-transferable, being able to register on the Website both natural persons and legal entities.
All registered users will have an access password, which in any case will be personal, non-transferable, will have a limited period of time and must meet minimum length and security requirements. . The user may modify or recover said password at any time, following the procedure set out on the Website. Under no circumstances will esdorado.com know that password, which will remain in the encrypted esdorado.com systems.
In virtue of the foregoing, it is the obligation of the user to immediately notify esdorado.com of any fact that allows the improper use of the identifiers and / or passwords, such as the theft, loss, or unauthorized access to them, in order to proceed to their immediate cancellation. Until such events are reported, the provider will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.
o Identification data and means of contact of the claimant or his legal representative.
o Documentation that proves your status as holder of the rights allegedly infringed.
o Detailed account of the rights allegedly infringed by the provider, as well as their exact location within the Website.
o Express declaration by the claimant that the use of the contents has been made
4.2 LOW AS A REGISTERED USER.
The legal relationship derived from registering as a Website Client has an indefinite duration. Any of the parties may terminate or suspend the present contractual relationship unilaterally at any time and without further cause than its 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 cancellation of accounts.
In any case, once the deletion has been made, the user may request a new registration, being the faculty of the provider not to admit said registration in the specific cases specified. in the clause called "Rules of Use of the Website" or in case of conflict or controversy raised between the parties, that is to be resolved or that has ended with acknowledgment of fault or negligence of the user and / or damage to the provider, its collaborators and associates or their users, clients or potential clients.
Likewise, esdorado.com reserves the right to cancel the user name, and the password, and therefore the access to the Website, of those users who keep debit or unpaid balances.
5. ELECTRONIC PRODUCT PROCUREMENT PROCESS.
5.1 INFORMATION AND AVAILABILITY OF PRODUCTS OFFERED
All the information related to the products and / or services offered by esdorado.com for your Online Channel, will be published through the Website www. esdorado.com, indicating the following information regarding each of them:
o Product brand
o Product model
o Product image
o Product description
o Product price
o Product discounts (if applicable)
o Technical specifications of the product
o Product availability (stock)
esdorado.com may, at any time, add new Products to those included in the Website, understanding, unless otherwise provided, that such new Products shall 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, supplying a product with similar characteristics (with the same or even superior qualities).
5.2 PHASES OF THE ELECTRONIC PROCUREMENT PROCEDURE.
Once the products and / or services offered by esdorado.com have been selected by the user, the user must follow the phases of the hiring process indicated below:
Phase 1. Validation of the Shopping Cart: the User, once the selection of the products and / or services that he wishes to contract has been completed, must validate his basket of the purchase, in which the selected products and / or services will be shown, the number of units, the price of the same, the term and the shipping costs. In the same way, you must select the delivery method: home delivery or store collection.
Phase 2. Provide Billing and Shipping Data: the user, once validating his shopping cart, must provide esdorado.com with the billing and shipping information of the products and / or services, having to expressly accept, through the marking of the corresponding box, of the present Contract Conditions. If you do not check the acceptance box, the Website will not allow you to continue with the hiring process.
Phase 3. Select the Payment Method: the User, once he provides the billing information and, where appropriate, the shipping information, he must select the payment method that he wishes use. Currently, esdorado.com validates the following payment methods: Credit card and transfer.
Phase 4. Payment of the total economic amount: the User, in case he has opted for any of the two means of payment (Card or Transfer) will be redirected, automatically by the system to the online payment platforms (POS) of the corresponding banking entities.
Phase 5. Purchase Confirmation: esdorado.com will send the Client within a maximum period of 24 hours from the moment of the actual execution of the purchase payment by of the Client, 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 the Proof of Purchase will not be valid as invoice.
6. ECONOMIC CONDITIONS AND PAYMENT METHODS
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 applicable, any 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 Point of Sale network of esdorado.com.
The prices of the Products are always shown in euros and include the IGIC that is zero, as well as any other tax that was applicable, being the valid and legally applicable in that moment. In the same way, all the prices shown, do not include the possible applicable shipping costs, in the event that the Customer selects the delivery method at home, these being identified independently before the purchase is confirmed.
In the event that esdorado.com identifies a manifest error in the price of any of the Products published, it will inform the Customer immediately, as well as carry out the corresponding publication of the rectification of the same through the Web Site and in the usual means of communication, having the option of the Client to reconfirm, through the section "My Account", his order at the correct price or, failing that, cancel it.
esdorado.com expressly reserves the right to modify prices at any time, without prior notice. However, in any case, the current rates indicated on the Website at the time of the corresponding order will be applied.
6.2 PAYMENT METHODS
To proceed with the payment, the Customer must follow each and every one of the instructions shown in phase 3 of the electronic contracting process, described above.
All means of payment provided by esdorado.com, are subject to checks and authorizations by the issuing entities of the means of payment (card issuers and / or issuers of payment accounts), but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure initiated, the order will automatically be canceled, and the purchase or sale of the Product or Products requested will be understood.
The charge for the price of the Products, the costs of the shipping service -if applicable-, as well as any taxes that may be applicable, will only be made in the moment to formalize the order.
To carry out the electronic payment, esdorado.com has installed an electronic commerce payment gateway provided by banking entities authorized for them. All data provided to esdorado.com for this purpose, are properly encrypted to ensure maximum security and confidentiality thereof, staying in a secure server certified according to the protocol "Secure Socket Layer" (SSL).
In no case will be stored by esdorado.com card data provided by customers through the payment gateway, and will only be preserved while the payment is made. purchase, the payment is made and until the withdrawal period has elapsed, in order to be able to return the corresponding economic amounts.
7. CONDITIONS FOR COLLECTING AND SENDING THE PRODUCTS
The Products whose purchase has been made through the website of esdorado.com will be sent to the postal address indicated on the order form, and the same can not be correspond to a post office box or public places, such as public roads, squares, stations, airports or similar.
7.1 DELIVERY TO ADDRESS
In case of request for delivery of the order at home, the shipment will be made, generally, within a period of 10-15 working 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 starting from the receipt of the credit. At certain times, such as Christmas, Blackfriday or exceptional events, the delivery period may be longer.
8. RIGHT OF WITHDRAWAL OF ORDERS.
The User has the right of withdrawal of the purchase made through the Website, and therefore, if not satisfied, may return the Product within a maximum period of fourteen (14) calendar days from the moment you have acquired possession of the product / s or since the formalization of the contract in the case of contracting service benefits.
The right of withdrawal may be exercised through the following channels:
o Through the Website, by filling out the web form attached to the refund request.
o Contacting the Customer Service Department, where the steps to follow will be indicated.
The return will include the amount of the purchase and if they had existed, 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 undue delay and in any case no later than within 14 calendar days from the date on which communicate your decision of withdrawal.
The refund of the amount corresponding to the withdrawal shall be made within a period of 14 working days from the effective and unequivocal notification of the decision to withdraw from the contract and always that the goods or products subject to withdrawal have been previously received, otherwise, the disbursement may be withheld until the receipt of said goods or until the Client credits the return of the goods.
Excluded from the right of withdrawal
1. The provision of services, once the service has been completely executed.
2. The supply of goods or services provided according to the Client's specifications or clearly personalized.
3. 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.
4. The supply of audio recordings or of sealed videos or of sealed computer programs that have been unsealed by the Client after the delivery.
5. The provision of digital content (that is not provided in a material medium) when the execution has already begun. The Client expressly knows that once the digital download begins, he will lose the right of withdrawal.
6. Any other good or service protected in art. 103 of RDL 1/2007, of November 16.
The Client shall be responsible for the decrease in the value of the goods resulting from a manipulation of the same, different from that necessary to establish its nature, characteristics or operation. In any case, for the purpose 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 case that they are returned without said original packaging or with defects the amount to be paid The Customer for the return of the product will be reduced in the amount that corresponds. 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 acquired present a lack of conformity due to not matching the characteristics offered, present defects that prevent its normal use according to its nature, or not offer the described benefits for the same, the Client will have right to the sanitation of the purchased good in a term of two years from the purchase and in the conditions and with the means of proof regulated in the Text Refundido of the General Law for the Defense of Consumers and Users, without prejudice to the powers of the Point of Sale to verify the veracity of the defects, their origin and the time of their appearance.
In any case, the Customer must address or request the collection of the product to the Point of Sale within a maximum period of two months from the verification of the defect, informing of the nature of the problem, the time and conditions of its appearance.
Likewise, the Client has the right to sanitation of the property following the rules of Article 118 and following of the Consolidated Text of the General Law for the Defense of Consumers and Users. In any case, the regulations that guarantee the sale of consumer goods will be applied by the applicable legislation. If the product is defective, esdorado.com will be responsible whenever it is possible to make the replacement of the product, without any expense for the Client. If, for reasons of availability, the product can not be replaced, the full refund of the purchase will be made.
10. CUSTOMER SERVICE AND POST SALES.
The Points of Sale have Claims Sheets available to the consumer in the establishment.
Any question, suggestion, complaint or claim related to the online sale of the Products, can be made through our Customer Service:
o E-mail: email@example.com
o Telephones: +34 928402787
o Avenida Moya 6, C.Comercial Eurocenter 4a planta local 185 - 35100 San Fernando-Playa del Inglés, Gran Canaria. Service hours: Monday to Friday from 10:00 to 20:00.
11. EXEMPTION FROM RESPONSIBILITIES.
esdorado.com can not guarantee the technical continuity of the Website, the absence of failures or interruptions of the service or that the Website will be available or accessible one hundred percent of the weather. Nor can it guarantee the absence of viruses or other harmful components on the Website or on the server from which it is provided.
12. TREATMENT OF PERSONAL DATA.
All the information provided during the hiring process will be stored by esdorado.com, SA, in its capacity as responsible and manager of the Website, as well as in charge of the treatment of the data of the order and for all the purposes will be the Responsible of the File with the personal data of the Clients that have actually made the purchase.
The data collected will be made available to the Point of Sale of the Distribution Network of esdorado.com chosen by the Customer, of the transport and logistics company responsible for making the delivery of the item purchased through the website www. esdorado.com, as well as any other operator that intervenes in the process of purchase and / or delivery, for the purposes of compliance with the contract or contracts with the customer and the relationships derived from them. In any case, before communicating any personal data of the Client to any third party, the Client must expressly accept it beforehand.
Likewise, the user can, to exercise your rights, access, rectification, cancellation and opposition, to esdorado.com, Avenida Moya 6, C.Comercial Eurocenter 4a planta local 185 - 35100 San Fernando-Playa del Inglés, Gran Canaria, firstname.lastname@example.org attaching a photocopy of your ID in both cases.
The present conditions have been exposed with due notice, in accordance with current legislation. Likewise, esdorado.com puts at your disposal these Conditions of Purchase, so that they can be stored and reproduced, thus fulfilling the legal duty of prior information.
esdorado.com reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the Website, the functionalities thereof and / or of the contents that are incorporated in it. It is expressly acknowledged and accepted that at any time esdorado.com can interrupt, deactivate and / or cancel the access and / or use of the Website, without esdorado.com being responsible for it.
In the event that any provision or provisions of these Purchase Conditions are considered void or unenforceable, in whole or in part, by any Court, Court or administrative body competent, such nullity or non-application shall not affect the other provisions. In this case, the clause or clauses affected will be replaced by another or others that have the effects more similar to those of the replaced ones.
14. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
The parties expressly agree that this contract shall be governed and interpreted, in all its terms and conditions, in accordance with current Spanish legislation.
The parties expressly submit themselves, for any questions or divergences that may arise due to the interpretation, compliance and execution of this contract, to the jurisdiction and competence of the Courts and Courts corresponding to the address of the buyer or those of the place of fulfillment of the contractual obligation.