ANNEX III: PURCHASING TERMS AND CONDITIONS FOR THE COMPANY "ECOALF RECYCLED FABRICS, S.L."
The Website is owned by ECOALF RECYCLED FABRICS, S.L. (Hereinafter 'ECOALF'), is a company incorporated under Spanish law, with registered office in Madrid (28004), Calle Hortaleza, 116, with Corporate Tax Identification (CIF) B-85910610 and registered in the Mercantile Register of Madrid, Volume 27685, Folio 182, Section 8, Page M-498940, Entry 1-.
ECOALF provides you with the following contact details:
Telephone: [+34 91 737 82 29]
These purchasing terms and conditions (hereinafter, the "Terms and Conditions") are intended to regulate the purchase of products through the Website http://ecoalf.com/ (hereinafter, the "Website") by registered Users in the "My Account" area of the Website (hereinafter, the "Registered User(s)").
These Terms and Conditions will be applied without prejudice to the rules of use of the Website established in the Legal Notice, which applies to all visitors to the Website by merely accessing it and can be consulted in the LEGAL INFORMATION area.
4. TERRITORIAL AREA
The scope of the sale of ECOALF products through the Website is limited to the territories of Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Estonia, Finland, France, Germany, Gibraltar, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Slovakia, Slovenia, Spain, Vatican City, Hungary, Iceland, the Netherlands, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, Poland, Portugal, the United Kingdom, the Czech Republic, Romania, Russia, San Marino, Serbia, Sweden, Turkey and Ukraine (all of the above countries together referred to as the "Territory"), so it will not be possible to make deliveries to destinations outside the Territory.
This means that these Terms and Conditions apply only to orders placed with delivery addresses to countries within the Territory. Registered Users who do not have a valid address for delivery within the Territory are excluded from the service of selling products through the Website and, therefore, are outside the territorial scope of these Terms and Conditions.
The User, when entering the Website, must indicate the territory in which he/she is located (the options are: Spain, United Kingdom, rest of Europe or rest of the World) and, depending on this selection, will have the functionality to register as a Registered User and be able to purchase online. If the User is in a country not included in the Territory, it is important that he/she selects, from among the options available, the one that corresponds to the destination of the shipment (which must necessarily be one of the countries included in the Territory) in order to have access to the purchase of ECOALF products.
All Users accessing the Website, regardless of their location, may register for the Newsletter service.
5. REGISTRATION PROCESS
To be able to buy products offered by ECOALF through the Website, it is a prerequisite that the User registers in the "My Account” section; which means filling in all the details of the form for this purpose, which are marked with an asterisk. If you are not registered at the time of placing an order or purchase of any product through the Website, you may do so at that time through a form that can be consulted in the LEGAL INFORMATION area.
Please note that the registration system uses the email address that the Registered User provides at the time of registration as a control element, so you can have as many accounts as email addresses provided. However, we suggest that you proceed with a single registration as the system also crosses information and does not allow the linking of a credit card or bank account to more than one user account as a fraud prevention measure.
Once the registration process is completed, ECOALF will immediately send the User an email confirming the successful completion of the registration process.
Please note that your email address, together with the selected password, facilitates access to restricted areas of the Website, to enable you to select and purchase ECOALF products. This access is only for your personal use and is intended to ensure your identification on each access to the Website. We therefore recommend that you keep your password secret and do not allow third parties to have access to it.
In the event that, for any reason, you consider that your password no longer meets the purpose of securing your access as a Registered User, you may change it immediately through the "My Account" area of the Website. In the event that for any reason, you lose your password, you can recover your access to your account as a Registered User by requesting a new temporary password, through the "Password recovery" option at the time of access to "My account" on the Website. This new password will be sent by the system to the Registered User immediately, to the e-mail address indicated at the time of registration.
ECOALF only sells its own products through the Website and manufactures them under the strictest quality standards.
ECOALF has made its best efforts to ensure that the colours of the products shown on the Website are as close to reality as possible. Notwithstanding the above, the colour of the products displayed on the screen may vary depending on the quality of the computer monitor or other factors. In this sense, ECOALF cannot guarantee that the colours that appear on the device from which you access the Website are exactly as they are in reality.
On the other hand, please note that the sizes shown on the Website correspond to continental European sizes. However, the User has access to a conversion table to other sizing systems for all products that appear on the Website.
The ECOALF Website allows you, through your Registered User account, to indicate your preferences, keeping a list of your favourite products for future visits to the Website.
7. ACCESS AND USE OF THE WEBSITE
The access, browsing and use of the Website attribute to the condition of the User and imply the express acceptance without reservation of these Terms and Conditions. ECOALF reserves the right to modify the Terms and Conditions stipulated herein, as well as the rest of the content hosted on the Website.
Illegal or inappropriate access or use of the Website is not permitted and is strictly prohibited;
‒ To access and use the Website to spread or install viruses or other damaging or harmful files.
‒ To use the Website for illegal purposes, contrary to morality and/or public order.
‒ To attempt to extract personal data from other users.
‒ To reproduce, copy, distribute, modify or delete the contents of the Website.
The use of the Website is under the sole and exclusive responsibility of the User. Ecoalf reserves the right to deny access and use of the Website to those users who misuse it or breach these Terms and Conditions.
8. INDUSTRIAL PROPERTY
Ecoalf owns or has the necessary licences for the exploitation of all the contents offered on the Website, including texts, photographs, design, logos, graphics, trademarks, images, icons, colours and other multimedia content.
Under no circumstances may the User understand that there is total or partial transfer of the contents or licences of intellectual or industrial property rights from Ecoalf, and their use for commercial purposes is expressly prohibited.
If the User should detect any type of infringement of intellectual and/or industrial property rights, he or she must inform ECOALF by sending a letter to: firstname.lastname@example.org.
The links included in the Website are intended to facilitate users the surplus and search for information and content on the Internet, and do not imply the existence of any relationship between ECOALF and the owner of the page in question. Likewise, ECOALF has no control over the contents of these pages and does not assume, directly or indirectly, any responsibility whatsoever for these contents or for any breach that may be carried out by their owners.
Ecoalf does not authorise the incorporation of a link to the Website from those pages that contain illegal content contrary to morality or public order. Users who wish to establish links on their respective websites to the Website must comply with the following conditions: a
- The partial or total reproduction of any of the services or content of the Website is not permitted without the express authorisation of ECOALF.
- False, inaccurate or incorrect statements about the Website are not permitted.
- Ecoalf will not be responsible for the contents hosted on the Website or portal that establishes the link to the Website.
10. RESPONSIBILITY AND GUARANTEES
Ecoalf does not guarantee and is not responsible for:
- The lack of availability and effective functioning of the Website and/or its contents.
- The existence of errors in such content or products.
- The existence of viruses, malicious or harmful programs in the contents.
- The unlawful, negligent, fraudulent or contrary to good faith use of the Website.
If the User becomes aware of the existence of any illegal, unlawful, immoral or public order content, he/she must inform ECOALF.
11. COOKIES POLICY
13. PURCHASING PROCESS
In order to process an order, the Registered User must select the items in the size and colour they wish (size and colour only if this possibility exists) and add them to the "Shopping Cart".
In the "Shopping Cart" tab, the User will be informed of the total amount of the order in the currency of the country that the Registered User has selected when he/she started browsing on the Website (in euros for Spain, in pounds sterling for the United Kingdom, in euros for the rest of the countries included in the European Territory and in dollars for the U.S., detailing applicable taxes, if applicable, and delivery and transport costs.
The delivery and transport costs per order (regardless of the amount) are six euros fifty €(6.50) for deliveries within Spain, fifteen pounds sterling (£15.00) for deliveries in the UK, fifteen euros (€15.00) for deliveries to any of the other countries included in the European Territory and twenty-five dollars ($25.00) for deliveries in the U.S..
Once the Registered User has selected the products he or she wishes to purchase, the Website will ask the Registered User for additional personal data (data to formalize the payment and shipping), which are required to pay for the product and for ECOALF to be able to send the product(s) ordered. Details on the payment process can be found in the following section.
In case this is the first time that the Registered User places an order through the Website, he/she must enter the delivery address to where the order will be delivered.
If this is not the first time that the Registered User places an order through the Website, the system will automatically recover the delivery details of the first order placed by default, without prejudice to the fact that the Registered User may modify these details to indicate an alternative delivery address.
It is important to note that ECOALF does not accept mail to PO Boxes and does not deliver outside the Territory.
Before completing the purchase process and clicking on the button "Place order" as a means of confirming your purchase, the Website will require you to give your express consent for the processing of your data in relation to the purchase made, the text of which can be consulted in the LEGAL INFORMATION area.
Once the purchase process is complete, you will become an ECOALF customer (hereinafter, the "Customer"). ECOALF will send an email confirmation of the purchase made to the email address provided at the time of registration as a Registered User. This e-mail will include a list of the product(s) purchased, their total price, the delivery costs and the expected delivery date (depending on the destination, the availability of the products purchased and the logistics of the delivery companies). Further details of the delivery process can be found in section 7 below.
If, after a reasonable period of time, you have not received the confirmation email, it is important that you log back into your user account to verify that your order has been processed correctly. If you have any problem, please contact ECOALF by sending an e-mail to the following address: email@example.com.
Unless there are technical problems, the products shown as available on the Website (and which can therefore be incorporated into the "Shopping Cart"), are ready for immediate delivery from the ECOALF warehouse. In the event of any incident with the delivery of specific product(s), ECOALF will contact the Customer as soon as possible to inform him/her of the effective date of availability of the selected product(s) or, if possible, to propose alternative solutions.
In the event that the actual availability of a certain product(s) or the alternative solutions provided by ECOALF are not accepted by the Customer, ECOALF will proceed to refund the Customer for the amounts charged for said product(s), with the remainder of the order, if any, will being carried out normally.
The promotions, special offers or discounts that ECOALF may establish and carry out on the Website will be valid until the date indicated on them or until stocks run out.
14. PAYMENT METHOD
All orders can be paid by credit and debit card (VISA, VISA ELECTRON, 4B and MASTERCARD), which implies an automatic charge, and also using the PayPal system.
ECOALF does not store the data of the electronic means of payment (credit card, debit card or PayPal system). When you provide this information, you will be doing so through an SSL (Secure Socket Layer) encryption system and a secure connection between the Website and the electronic payment service provider.
In order to collaborate in the prevention of fraud through the Internet, ECOALF reserves the right to verify the personal data supplied by the Customer and to adopt the measures it deems appropriate (by way of example, and not limited to, stopping the order, cancelling it, notifying the competent authorities of the situation, among others) in the event there are indications or suspicions that an order placed is fraudulent or that it is made by impersonating another person.
In case the Customer needs an invoice for his/her purchase, he can request it by e-mail to: firstname.lastname@example.org indicating his/her fiscal data. ECOALF will process your request as soon as possible and send the invoice by e-mail to the address provided in the registration data or that expressly indicated by the Customer.
15. DELIVERY OF THE PRODUCT(S) ORDERED
ECOALF undertakes to send the products purchased by the Customer to the address provided by the Customer in the purchase process, provided that this address corresponds to one of the countries that form part of the Territory in accordance with the provisions of paragraph 2 above.
It is very important that, at the time of purchase, you provide full details of the destination address of your shipment. It is obligatory that you provide, at the time of the purchase process that the Website indicates, a contact telephone number, to ensure proper delivery of the products to the Customer. We do not accept deliveries to PO Boxes.
The delivery of the product(s) ordered is carried out thanks to agreements that ECOALF has with leading transport companies in the sector and with the highest quality standards in the provision of their services.
The delivery times indicated below are for guidance purposes only and ECOALF will not be held responsible if the deadlines initially estimated are exceeded, although it undertakes to use its best endeavours to respect them and comply with them as far as possible.
For deliveries of orders within the Spanish territory, the approximate delivery time is between twenty-four (24) and forty-eight (48) working hours starting from 2.00 p.m. on the day of purchase, if the order is placed on a working day and before 2.00 p.m., or from 2.00 p.m. on the next working day, if the order is placed after 2.00 p.m. on a working day or on a non-working day.
For deliveries of orders to the rest of the territories included in the Territory, the approximate delivery time is between two (2) and five (5) working days starting from 2.00 p.m. (Spanish time) on the day of purchase, if the order is placed on a working day and before 2.00 p.m. (Spanish time) or from 2.00 p.m. (Spanish time) on the next working day, if the order is placed after 2.00 p.m. (Spanish time) on a working day or on a non-working day.
Applicable holidays for the calculation of delivery times will be those corresponding to the municipality of Cabanillas del Campo, Guadalajara, Spain and the city of Madrid, Spain. For the purposes of delivery, it is also important that the Customer takes into account that no order will be delivered on public holidays at the place of destination.
ECOALF will provide you with tools to be able to track your order at any time, from the purchase confirmation to the delivery of your order, either from the "My account" area or by means of a link to the transport company's page included in the confirmation e-mail, depending on the characteristics of the delivery.
In case of incidents with the delivery of products, the transport company in charge of the delivery will make the necessary arrangements to complete it, being able to contact you by phone or email to verify the delivery address, contact person, agree the delivery conditions or solve any other incident.
16. PRODUCT RETURNS
16.1. Faulty products
ECOALF's main interest is to achieve the highest level of customer satisfaction. In this sense, all its products meet the highest quality standards and are checked before being delivered to Customers.
However, if after receiving the order, there are errors in the product, size or colour, you must send an email to: email@example.com. ECOALF will reply to this e-mail as soon as possible with details on how to proceed in response to the circumstances.
In the event of errors in the delivery (size, colour or product not requested by the Customer): ECOALF will proceed to send the product in the size or colour that the Customer requested in his/her initial order, without charging the Customer for the delivery and transport costs of the second delivery and also reimbursing the Customer for the delivery costs incurred in order to return the product(s) to ECOALF for exchange provided that the Customer duly accredits these costs.
The return period is 15 working days starting from the day of the delivery of the order.
The product must be unused and in perfect condition. This includes accessories, documentation and original packaging.
Once the merchandise has been received in our warehouses, and after checking its condition we will proceed to refund the amount using the payment method made by the customer. This process can take between 7 and 10 days once the order has arrived at the warehouse.
To return a product from your order you only need to put it inside the plastic bag included in the package, sticking the return sticker on the outside of it.
All you need to do is request a pickup by phoning UPS or by delivering your package to an UPS Access Point. The return sticker contains all the information you need. Go to: www.ups.com to find the phone number or Access Point nearest you.
Returns are free in Spain, UK and Europe. In the U.S., returns cost $25; this cost will be deducted from the amount of the order.
In the event of a return for exercising the right of cancellation (change of opinion on the purchase, provided that it is admissible): ECOALF will refund the amount of the product(s) returned, using the same payment method in which the purchase was made by the Customer, deducting only the delivery costs of the order initially paid and without returning the delivery costs to the Customer incurred by him/her in order to return the product(s) to ECOALF.
Under no circumstances will ECOALF accept any exchange or return of any product sent by the Customer carriage unpaid.
In the event that the product(s) returned in accordance with the circumstances described in this section do not meet the requirements for return or exchange, ECOALF will notify the Customer, indicating the alternatives available to him/her in relation to this, in accordance with the circumstances of the specific case (for example, but not limited to, return of these product(s) carriage paid, replacement of the product(s) at additional cost, repair of the product(s) at the expense of the Customer, among others).
17. GUARANTEE OF PURCHASED ITEMS
In accordance with the applicable regulations, ECOALF shall be liable for manufacturing defects for a period of two years from the date of delivery of the product concerned, provided that the Customer informs ECOALF of this lack of conformity within two (2) months of becoming aware of it
The Customer must send an e-mail to: firstname.lastname@example.org notifying the incident related to the manufacturing defect in question. ECOALF will reply to this e-mail as soon as possible with details on how to proceed in response to the circumstances.
The Customer must prove the defect and return the defective product, if possible, in its original packaging, carriage prepaid. The return must be made to the address below within seven (7) business days of our email confirmation of your request:
POL. INDUSTRIAL LA QUINTA - R-2
CALLE MATABUEYES S/N
CABANILLAS DEL CAMPO
Once the product has been received and its condition has been checked by ECOALF, if it indeed does have a manufacturing fault, ECOALF will replace the faulty product for another without defects or, where appropriate, repair the damaged product. In the event that neither repair nor replacement is possible because the faulty product is no longer sold or is out of stock, ECOALF will offer the Customer other similar products that can replace the faulty product. ECOALF will also refund the delivery costs incurred by the Customer to send the faulty product to ECOALF, if any.
In the event that the product(s) returned in accordance with the circumstances described in this section do not have the manufacturing defects covered by the legal warranty, ECOALF will inform the Customer, indicating the alternatives available to him/her in relation to it depending on the circumstances of the specific case (for example, but not limited to, return of the same product(s) with carriage paid in the condition in which they are found, replacement of the product(s) with additional cost, repair of the product(s) at the Customer’s expense, among others).
18. CUSTOMER SERVICE.
For any questions, queries or suggestions, please send us an e-mail to: email@example.com or send us a letter by post to:
ECOALF RECYCLED FABRICS, S.L.
Calle Hortaleza, 116
19. APPLICABLE LEGISLATION
These Terms and Conditions shall be governed by Spanish law, without prejudice to the mandatory rules applicable in each country of the Territory. In the event of a dispute that cannot be resolved amicably between ECOALF and the Customer, the competent courts shall be those of the city of Madrid, unless expressly provided for in the mandatory regulations that may be applicable.