General Contracting Conditions
OWNERSHIP OF THE WEBSITE ECOLECTIA.COM
José Antonio Otero Villanueva, holder of Tax ID No. 76930935Y, is the owner of the website www.ecolectia.com (hereinafter, ecolectia.com), which he makes available to customers of Ecolectia with the aim of providing a service that consists of giving customers the opportunity of buying the products sold by the company online using the site ecolectia.com, with purchases including direct shipping of the products to the address specified by the customer.
GENERAL PURCHASING CONDITIONS AND ACCEPTANCE.
These General Contracting Conditions expressly govern the commercial relationship arising between Ecolectia and the Users or customer who buy the products sold by this company through ecolectia.com.
These terms have been drafted in accordance with current legislation on the matter and, in particular, with the provisions of the following legal texts: Law 34/2002, on Information Society Services and Electronic Commerce. Law 7/1998 on General Contracting Conditions. Royal Decree 1906/1999, which governs contracting by telephone and online with general conditions that implement article 5.3 of Law 7/1998. Law 26/1984, General Law on Consumer and User Protection. Law 7/1996 on the Regulation of Retail Commerce. Law 59/2003 of 19 December on Electronic Signatures.
These General Purchasing Conditions are complemented by the General Conditions for use and browsing of the website www.ecolectia.com, as well as any other Particular or Specific Contracting Conditions to be established on a case by case by basis.
Both the mere browsing of the site and the purchase of any of the products on www.ecolectia.com imply the User’s acceptance, without any reservations whatsoever, of each and every one of the following General Contracting Conditions, as well as of any Particular or Specific Conditions, where applicable.
Ecolectia may at any time and without prior notice amend these General Purchasing Conditions or any Specific Conditions that might be included, through publication of such amendments on the website www.ecolectia.com in order that these can be made known to Users and accepted by the same.
INFORMATION PRIOR TO CONTRACTING.
Ecolectia informs you that the process for purchasing the products offered on www.ecolectia.com can be initiated by clicking on the link included on the home or main page of this WEBSITE.
The User also declares that it is familiar with and accepts the General Contracting Conditions set out below, as well as any others of a particular or specific nature that might be established with regard to the purchase of certain products on www.ecolectia.com, which will be duly indicated on screen during browsing.
Once a purchase has been made, the User will see the approval of their purchase on screen, confirming the purchase made. Neither the order confirmation nor the purchase receipt (printed by the User) will be considered valid as an invoice.
USER REGISTRATION.
Customers or Users must be registered in order to formalise any commercial transaction with ecolectia.com through this WEBSITE. Any customers interested in registering may do so by filling in the fields located on the home page of this WEBSITE. As of that moment, the User Will become a customer of ecolectia.com and will be able to have access to any services offered on the site.
Ecolectia.com reserves the right to cancel usernames and passwords, thereby preventing Access to the WEBSITE for any Users who have negative balances or outstanding debts with Ecolectia.
PROCESSING PURCHASES.
-PRODUCTS OFFERED. INDICATION OF PRICES.
Ecolectia.com will show the products on sale at any given time, together with the features of the same and their prices. Ecolectia reserves the right to decide which products it makes available to Users and customers at any time through ecolectia.com. Consequently, Ecolectia may at any time add new products on the site, which will also be subject to the provisions of the General Conditions in effect at that time. Likewise, Ecolectia reserves the right to stop providing Access to certain products on Ecolectia at any time and without prior notice.
-INDICATION OF PRODUCT PRICES.
The Price of each product appears on screen (save for typos). In those cases where product prices are determined by weight, the price will be clearly indicated by kilogram or by packaged product, although in the latter case the final price included on the purchase receipt will depend on the real weight of the product. The prices shown on the screen will be in Euros and include the corresponding VALUE ADDED TAX (VAT) and any other applicable tax. The prices shown on the screen will always be valid.
-MINIMUM PURCHASE.
At ecolectia.com we do not require any minimum purchase amount.
-AVAILABILITY.
The availability of each product will depend on customer demand. For this reason, when making a purchase customers will be able to choose from among various products that could serve as viable alternatives to the one originally chosen, but which is not available.
-HANDLING AND TRANSPORT FEES.
The fee for the handling, packaging, storage, transport and delivery of orders to the Iberian Peninsula and the Balearic Islands is 6€ (Euros) per order; this fee will be waived for orders for a final amount of more than 39€ (Euros) per order
The fee for the handling, packaging, storage, transport and delivery of orders to other parts of the European Union, not including the Iberian Peninsula and the Balearic Islands, is 12€ (Euros) per order; this fee will be waived for orders for a final amount of more than 50€ (Euros) per order.
The fee for the handling, packaging, storage, transport and delivery of orders to the Canary Islands, the Azores, Madeira, Ceuta, Melilla, Gibraltar and Andorra is 20€ (Euros) per order; this fee will be waived for orders for a final amount of more than 50€ (Euros) per order.
It is also possible to collect orders at our store at:
Calle Bruniquer, 9 Local 5 08012 Barcelona
-ORDER TRACKING.
If you have any doubts about the tracking of your product, please contact us by e-mailing info@ecolectia.com
-DELIVERY TIMES FOR ORDERS.
Orders Will be delivered to the addresses provided by customers for that purpose, from Monday to Friday (not including holidays). The municipal rules on traffic in the historical centres of some cities may limit vehicle transit to specific times of the day.
-DELIVERY OF ORDERS.
Ecolectia undertakes to deliver the goods bought by the customer to the Purchaser’s address, as stated in the order form (no products will be delivered to PO boxes or public places) within the term indicated for each product and, in any case, always within thirty (30) calendar days of the date on which the order is made.
Any urgent delivery expenses will also be borne by the Purchaser. In the event that the purchaser cannot be present at the time of delivery the order will be delivered to any other person who is present at the address provided and who is over eighteen (18) years of age.
Ecolectia understands that the customer or buyer who has placed the order authorizes the person who is at home at the time to pick up the order on their behalf. Therefore, it is under the exclusive responsibility of the client to authorize a third party to receive and accept the purchase at the delivery address.
The delivery of the purchase will be made at the address indicated by the customer. The recipient must sign the corresponding delivery note. If the product arrives in poor condition due to transportation, the customer must indicate it on the carrier's delivery note and call the Ecolectia Customer Service Department within 24 hours of receipt to make the claim. After this period has elapsed Ecolectia will not be held responsible for any claim for this reason. The delivery person will deliver a delivery note/purchase receipt/invoice that must be signed by the buyer. Delivery term: 3 days by the transport company.
-DELIVERY AREAS.
The home delivery service currently includes mainland Spain and the Balearic Islands, as well as the countries of the European Union and the European Economic Area. It does not include EU territories that do not directly apply Value Added Tax, such as the Canary Islands.
PAYING FOR PURCHASES.
Payment of the price of the goods bought and the shipping costs, which appear on screen, can be carried out by credit card, debit card or according to whatever payment methods are indicated on screen in each case. In order to proceed with the payment the User must follow any and all instructions that appear on screen, providing the following information: a) Type of card; b) Card number; c) Expiry date d) Any other information requested on screen.
The electronic payment system used by Ecolectia is specially intended for e-commerce. All data received for this purpose are encrypted to ensure their full security. Likewise, Ecolectia declares that under no circumstances does it store data provided by Users in the payment system, which are only stored while the purchase is being made, payment is being processed and the period for withdrawal is still in effect.
RETURNS.
The buyer has the right to withdraw for this contract for a period of 14 calendar days, without the need to provide any reason.
The period for withdrawal Will expire 14 calendar days after the date on which a buyer, or a third party designated by the same (which must not be the shipper) acquires material possession of the goods.
In order to exercise their right of withdrawal the buyer must notify Ecolectia of their intention by e-mailing us at info@ecolectia.com and providing Ecolectia with the following details:
- Name and address;
- Order number;
- Unequivocal statement of decision to withdraw.
To comply with the period for withdrawal the buyer needs to notify the seller of their intention to exercise this right before the corresponding term expires.
Consequences of withdrawal: In the event of withdrawal by the buyer, Ecolectia will reimburse any payments made for the order, including shipping costs (with the exception of additional expenses incurred by the buyer by choosing a different method of delivery to the ordinary delivery method offered by ecolectia.com, and once the direct costs for the return have been deducted, as outlined below) without undue delay and always within 14 calendar days of Ecolectia being informed of the buyer’s decision to withdraw from the present contract.
The buyer will in all cases bear the direct cost of returning the products. For returns from inside Spain we estimate that said cost will be approximately 6€ (Euros), while for returns from outside Spain the cost will be approximately 10€ (Euros).
Ecolectia Will proceed to make the reimbursement using the same means of payment as was used by the buyer for the initial transaction.
Ecolectia may withhold reimbursement until it has received and examined the goods or until the buyer has presented proof of having returned the same, whichever happens first. Once it has received notice from the buyer regarding their intention to withdraw, Ecolectia will arrange the collection of the order from the address indicated by the buyer, without undue delay, and always within 14 calendar days of the date when the buyer informs Ecolectia of their intention to withdraw from the contract.
The buyer will be solely responsible for any impairment in the value of the goods if occurring due to handling that is not appropriate in view of the nature, characteristics and operation of the goods.
PERSONAL DATA PROTECTION.
Ecolectia may, through its website www.ecolectia.com or through any other domain or sub-domain associated with the same, and which is owned by Ecolectia, request Users to provide certain personal data. The data provided by the User will be added to an automated personal file owned by Ecolectia, which will be processed in order to provide the services requested by the User. The User authorizes the automated processing of the personal data supplied which are necessary for the provision of the agreed services, as well as for carrying out market studies and preparing buyer profiles in order to apply advantages, discounts and additional offers related to the Users’ status as customers, whether or not deriving from the analysis of their purchasing habits, and for the sending of promotional communications, through any means (electronic or otherwise), to those who wish to receive such communications and do not state their intention to the contrary, about news, products, services and special offers of the Ecolectia establishments/points of sale.
The personal data collected from registered Users is stored on a database owned by Ecolectia, which ensures al lof the technical, organisational and security measures required to guarantee the confidentiality and integrity of the information, in accordance with Organic Law 15/1999, dated 13 December, on the Protection of Personal Data, as well as any other applicable legislation.
Ecolectia will use the data provided by the User internally to provide such User with the information that they request, as well as to inform them about offers and promotions that might be of interest to them.
All registered users may at any time exercise the rights of access, rectification, erasure and opposition regarding the personal data provided to the Website ecolectia.com by writing to Ecolectia, Calle Bruniquer, 9 Local 5 08012 Barcelona; this communication may also take place by sending an e-mail to: info@ecolectia.com.
The User authorizes the automated processing of the personal data supplied which are necessary for the provision of the agreed services, as well as for carrying out market studies and preparing buyer profiles in order to apply advantages, discounts and additional offers related to the Users’ status as customers, whether or not deriving from the analysis of their purchasing habits, and for the sending of promotional communications, through any means (electronic or otherwise), to those who wish to receive such communications and do not state their intention to the contrary, about news, products, services and special offers of the Ecolectia establishments/points of sale.
APPLICABLE LEGISLATION AND COMPETENT JURISDICTION.
The present General Conditions of Use, the existing relationship between Ecolectia and the User regarding them as well as all issues that may arise from access and/or use thereof shall be understood to be regulated and interpreted in accordance with Spanish legislation and shall be settled in the competent Courts and Tribunals.
In the event that the User is domiciled outside of Spain, Ecolectia and the User submit, expressly waiving any other jurisdiction, to the competent Courts and Tribunals competent in the Kingdom of Spain.