1. IDENTIFICATION OF THE STORE OWNER

These provisions regulate the service of “ECOMM MOVADGENCY SL” for the sale of products through its web pages, with registered office at C/ Dublín, 1 Las Rozas, Madrid, 28232 and C.I.F. B87936753, constituted by public deed executed before the Public Notary of Madrid, Ms. MARIA EUGENIA REVIRIEGO PICÓN, on October 17, 2017, under number 2,154 of her protocol, and registered with the Commercial Registry of Madrid, in Volume 36546, Folio 145, Page No. M-656418, entry 1 (hereinafter, “Ecomerzpro”), made available to its clients through https://Ecomerzpro.net (hereinafter, the “Portal”).
These Conditions are the only conditions applicable to the purchase of products through this online store and supersede any others, except with the express prior written consent of the Seller. These Conditions are important both for You and for the Seller, as they are designed to create a legally binding agreement protecting Your rights as a client and the rights of the Seller as a business. By placing an order, You declare that You have read and accept these Conditions without reservation.
These General Conditions may be modified or supplemented by Special Conditions for the acquisition of certain products. In the event of contradiction, the provisions contained in the Special Conditions shall prevail.

2. METHODS OF SALE

2.1 Sale of products directly by Ecomerzpro

Through our Portal You can purchase products marketed directly by Ecomerzpro; in this case, we act as the direct seller of the products, and their acquisition is subject to these contractual conditions. In this case, when You place an order, we will send You confirmation of receipt of the order and inform You about the shipping of the products. In our Portal, we only sell products in quantities customary for the normal consumption of individuals, and excessive quantities will not be processed.

2.2 Sale of ebooks or digital content

Through our portals You may purchase digital content, such as ebooks; the process of marketing such digital content may be modified according to the provisions established in each specific case during the acquisition process of each web page. However, in general, You must select the digital content You wish to purchase and include it in Your shopping cart. You may then proceed to payment.
At that time, a checkbox will appear in which You accept that “by checking this box You agree that once payment is made, the digital content will be downloaded immediately, and You will lose the right of withdrawal.” Additionally, after this download, an email will be sent to You with all the digital content purchased and downloaded so that You may retain it.
Furthermore, regarding the right of withdrawal for this type of product, the email sent will again inform You about the loss of the right of withdrawal under the terms set out in Clause 6.3.2.
You can consult more information about this process in our FAQs.

3. ORDERS AND PAYMENT METHOD

In general, by placing an order through our Portal, You agree that:

  • You may only use this Portal to place legally valid orders.

  • You may not place any false or fraudulent order. If we have reasonable grounds to believe that such an order has been made, we are authorized to cancel it and inform the relevant authorities.

  • You are also required to provide us with Your email address, postal address, and/or other contact details accurately and truthfully, and You consent that we may use this information to contact You if necessary (see our Privacy Statement). Please note that if You do not provide us with all the information we require, we will not be able to process Your order correctly, and the delivery process may take longer than expected.

  • You guarantee that You are over 18 years old and have the legal capacity to enter into binding contracts.

We inform You that You may access all the information and forms detailed below at any time through our Portal.

3.1 Delivery time

The delivery time for the products is a maximum of 30 calendar days from the conclusion of the contract.
If the delivery time of Your order exceeds the period indicated in this clause, You may contact us directly by completing the form found in the “Delivery Time” section of the FAQs in the Portal, and we will contact You to provide an appropriate solution.
If Your order has been processed, You may obtain the tracking number by entering Your order code and the email address used when placing the order.
If, for any reason, we are unable to meet the delivery date, we will inform You of this circumstance and give You the option to continue with the purchase, establishing a new delivery date, or cancel the order with a full refund of the amount paid.

3.2 Shipment tracking

From the day You place the order, within an estimated period of 48–72 hours, You will receive an email with tracking information for Your order.
If Your order has been processed, You can obtain Your tracking number by entering Your order code and the email address used for the purchase in the “Track Your Order” form located in the FAQs section of the Portal.
The shipping service provider may take between 3 and 7 days to activate the online tracking identifier, so please be patient if it does not appear active on their website.
If there are cases of absence at the place of delivery or incorrect addresses, among others, and we are unable to deliver the product, we will contact You to provide the necessary information so that You may proceed to collect the order.

3.3 Customs fees

On certain occasions, the transport company or customs may inform You that an additional fee must be paid for Your order. This is due to customs taxes being randomly assigned to incoming orders in each country, which is beyond our control. In this respect, You will be responsible for paying the costs related to these fees, and Ecomerzpro does not assume such costs. However, if this occurs, we recommend that You pay the invoice and contact us directly through the form found in the “Customs Fees” section of the Portal FAQs, attaching a photo of the payment invoice so that Ecomerzpro can do everything possible to ensure You do not bear the expense.

3.4 Payment methods

All our orders are placed online through our purchasing websites on the Portal. Our accepted payment methods will be identified through the website where You purchase.
When making payment, please keep the following in mind:

  • Enter a single phone number, with all digits together, without spaces or hyphens.

  • Complete all fields of the shipping address. If You cannot fill in a field, please repeat Your city or country, for example.

  • Verify that the method You are using for payment has sufficient funds and is validated for online purchases, as well as confirming that the currency is accepted by the payment methods and that You have correctly entered the CSV code (normally found on the back of Your card).

4. PRODUCTS

4.1 Product Information

Under no circumstances is Ecomerzpro the manufacturer of the products sold on the Portal. While we make every effort to ensure that the information appearing on our Portal is correct, on certain occasions the packaging and product materials may contain additional information different from that shown on our Portal; product components or characteristics may also change. For this reason, we recommend that You do not rely solely on the information available on our Portal, but that You also carefully read the instructions and manuals provided with the Product before use.

4.2 Product Withdrawal

We reserve the right to withdraw any product from any of Ecomerzpro’s purchasing websites at any time and/or to remove or modify any material or content from them. We shall not be liable to You or to any third party for removing any product or removing or modifying any material or content from the Portal.

5. GEOGRAPHICAL SCOPE

The items offered through this website will be available in all countries where the website is accessible.

6. RIGHT OF WITHDRAWAL

6.1 Order processing and cancellation/modification requests

Due to the high efficiency of our logistics systems, orders begin processing immediately after purchase is completed. For this reason, it is normally not possible to cancel or modify an order once it has been placed.

We recommend that You carefully review Your order before finalizing the purchase. If You require urgent assistance, You can consult the FAQs section of our Portal, where You will find forms and resources to contact our customer support team.

6.2 Right of withdrawal

In general, and pursuant to Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, consumers and users have the right to withdraw from purchases made remotely.

To this end, and in accordance with applicable legislation, we inform You that You may return the product and terminate the contract entered into between us, without having to justify such a decision and without penalty of any kind, within 14 calendar days from the receipt of the purchased products or from the moment of contracting the Additional Commercial Warranty. To exercise this right, You may either send the product directly to us, properly packaged and, without prejudice to any necessary handling to establish its nature, characteristics and functioning, new, unused and complete, or by sending the WITHDRAWAL DOCUMENT accessible through the form in the FAQ section “Return my order” contained in all Ecomerzpro websites and available at all times on the Portal.

As a consumer, You will only be responsible for the reduction in the value of the goods resulting from handling other than what is necessary to establish their nature, characteristics or functioning.

Additionally, for the management of Your right of withdrawal, please note the following:

  • All products must be returned in their original packaging and condition, in perfect state and protected, avoiding any adhesive elements placed directly on the product surface or packaging. Otherwise, and always within the limits permitted by applicable law, Ecomerzpro reserves the right to refuse such return.

  • You must send the products without undue delay following our instructions, incorporating the aforementioned document, within a maximum period of 14 days from the moment You informed us of Your decision to exercise this right.

  • The transport costs incurred by the return will be borne by You.

  • The refund of the amount will be processed as quickly as possible and within a maximum of 14 calendar days from the moment You exercise Your right of withdrawal. Please note that we may withhold the refund until we have received the products or until You have provided proof of their return, whichever occurs first.

6.3.1 General exceptions to the right of withdrawal

The right of withdrawal, pursuant to Article 103 of the General Law for the Protection of Consumers and Users, shall not apply to contracts concerning:

  • The provision of services, once the service has been fully performed, when performance has begun with the consumer’s prior express consent and acknowledgment that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal.

  • The supply of goods or provision of services whose price depends on fluctuations in the financial market beyond the trader’s control and which may occur during the withdrawal period.

  • The supply of goods made to the consumer’s specifications or clearly personalized.

  • The supply of goods that may deteriorate or expire rapidly.

  • The supply of sealed goods not suitable for return for health or hygiene reasons and which have been unsealed after delivery.

  • The supply of goods which, after delivery and considering their nature, have been inseparably mixed with other goods.

  • The supply of alcoholic beverages, the price of which was agreed upon at the time of the sales contract, and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the trader’s control.

  • Contracts where the consumer has specifically requested the trader to visit them for urgent repair or maintenance work; if, during such a visit, the trader provides additional services not specifically requested by the consumer or supplies goods other than replacement parts necessarily used in performing the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

  • The supply of sealed audio or video recordings or sealed computer software that have been unsealed after delivery by the consumer.

  • The supply of daily newspapers, periodicals or magazines, except for subscription contracts for the supply of such publications.

  • Contracts concluded at a public auction.

  • The provision of accommodation services for purposes other than housing, the transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.

  • The supply of digital content not provided on a tangible medium when performance has begun with the consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.

For clarification purposes, please note the following particularities affecting products and/or services purchased or contracted with Ecomerzpro:
With regard to the exercise of the right of withdrawal detailed below, the performance of the Service, such as delivery services or the acquisition of digital content, will be deemed to have been carried out at the time we first provide You with access to the Services or Content (as applicable), which will be immediately after purchase.

6.3.2 Right of withdrawal for “ebook” or “digital content” products

When You purchase an ebook or other digital content from our Portal, once the “download” of the digital content has begun, You accept that this download constitutes Your request for the immediate execution of the service and understand that this entails the loss of Your legal right to withdraw in relation to the digital content, as set out in Clause 3.2 of these T&Cs.
Therefore, when the checkbox informing of the loss of the right of withdrawal is accepted and once payment has been completed and, consequently, the download/delivery of Your digital content begins, Your right shall be deemed consumed. You will also be informed at the time of confirmation, which we will send You by email once the download is complete.

6.3.3 Withdrawal from the Additional Premium Transport Protection Service

As this is an Additional Transport Protection Service, if You exercise the right of withdrawal, part of the service may already have been effectively provided.
Therefore, if service performance began before Your withdrawal request, You will only be entitled to a refund proportional to the services You have already effectively received. For example, if You have already received the Services for three days before Your withdrawal request, You will be entitled to a refund for the total coverage of the Services, less the cost of receiving three days of Services. Your refund will be made in accordance with the provisions of these Conditions. We will not charge You any fees as a result of this refund.
For this reason, when contracting the Additional Premium Transport Protection Service, You will be specifically informed of this condition and also informed at the time of the confirmation we send You by email once the purchase of the Product(s) has been made.

7. WARRANTY OF PRODUCTS AND ADDITIONAL SERVICES

Ecomerzpro offers a statutory warranty service in accordance with applicable regulations. Additionally, we offer the possibility of purchasing an additional warranty service (legally, a commercial warranty) as set out below.

Difference between the statutory warranty and the commercial warranty:
In general, commercial warranties cover malfunctions that cannot appear at the time of delivery due to product use, whereas the statutory conformity warranty covers malfunctions caused by defects existing at the time of delivery of the product.

7.1 What is the statutory warranty?

Liability for lack of conformity of the product shall be governed by Articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users.

It is the warranty on the sale of consumer goods established by European Directive 2019/771, also known as the “conformity warranty,” which protects the consumer when purchased products do not conform to the sales contract (i.e., the products do not function correctly from the outset, do not match the description or characteristics provided by the seller, are not fit for their ordinary intended use, or cannot be used as described by the seller).

The statutory warranty only applies to consumers, i.e., those who purchase products for non-professional use. Therefore, as a consumer, You are entitled to claim the statutory warranty against the seller of the product, even if the seller is not the manufacturer.

7.1.1 Rights granted under the statutory warranty

If the product You purchased has a defect covered by the statutory warranty, You have the right to require the seller to repair or replace the defective product, at no cost to You. Additionally, You also have the right to a price reduction or termination of the contract in the following cases:
(a) if repair or replacement is impossible or excessively costly;
(b) if the seller does not repair or replace the product within a reasonable period; or
(c) if the repair or replacement causes significant inconvenience to You.

However, this does not mean that a minor defect preventing repair or replacement of the purchased products, or making such actions very costly, automatically entitles You to terminate this contract.

7.1.2 Duration of the statutory conformity warranty and consumer’s obligations

The products offered on Ecomerzpro are covered by a statutory warranty of three (3) years from delivery for new products, in accordance with consumer and user regulations. To make use of the warranty, You must notify the seller of the defect within two (2) months of discovering it.

During the first two (2) years from delivery of the product, it shall be presumed that any lack of conformity already existed at the time of delivery, unless proven otherwise.
The statutory warranty of products sold directly by Ecomerzpro is provided by Ecomerzpro.
Ecomerzpro will always assist You through its customer service in managing any applicable warranty for the products purchased.

7.2 Additional Commercial Warranty (ACW)

Ecomerzpro offers users, during the product purchase process, the possibility of contracting an additional commercial warranty. This warranty is an optional service that does not affect or limit in any way the statutory warranty, which will always be free of charge for the user. Under no circumstances does this Additional Commercial Warranty replace and/or reduce the duration or content of the statutory warranty in force for the period established under these Terms.
The ACW may be contracted for a period of one (1) or two (2) years.

7.2.1 ACW Coverage

This service only covers the cost of repair or replacement for damage caused by product wear not due to improper use. You are entitled to a single replacement or repair of the limited product per twelve (12) month period, unless the replacement was not received or was damaged or defective.

When submitting a claim, You must, within reason, answer Ecomerzpro’s questions truthfully and provide all information available (e.g., proof of purchase of the product acquired), including photographic documents if possible.

Coverage includes:

  • Express replacement through expedited and urgent handling of receipt and shipping processes.

  • Compensation with a similar or superior model from the catalog in the event of lack of stock of the purchased product.

  • Replacement of accessories worn out through proper use in technological products, watches, or textiles according to the described categories, or, failing that, replacement of the complete product.

Technological products: accessories or buttons
Watches: straps, buckles, or buttons

7.2.2 Exclusions

Exclusions include:

  • Improper use. Manufacturer’s instructions, or failing that, Ecomerzpro’s instructions, must be followed, and the product must be handled reasonably and diligently. Otherwise, coverage may be denied or reduced proportionally, taking into account the seriousness of the resulting damage and the degree of buyer’s fault.

  • Intentional or willful damage to the product.

  • Loss, theft, or robbery of the product.

  • In the case of technological products or smartwatches: cosmetic damage (such as scratches, dents, or corrosion) or screen damage that does not affect product functionality.

  • Accidental damage (drops, breakages, impacts).

  • Damage resulting from intentional or fraudulent acts.

  • Damage due to improper use contrary to instructions or technical specifications.

  • Damage caused by malicious software.

  • Failure due to software issues or updates.

  • Any accessory or component not included with the product at the time of purchase, and no coverage shall be provided for any incompatible accessory.

  • Any failure or cost related to manufacturer’s product recalls.

7.3 Additional Premium Transport Protection Service

Contracting this Additional Service is voluntary and solely intended to improve and expedite shipment handling and potential resolution of issues during shipping, without in any way limiting Your consumer rights under Royal Legislative Decree 1/2007 and these Terms.

By contracting this service, in addition to the rights granted to You by applicable consumer regulations, the Premium Protection Service will include:

  • Priority handling in resolving Your claim.

  • Preferential attention from the support team, with resolution within 48 business hours.

  • Enhanced tracking of the order, with personalized email notifications.

  • Direct management and communication with the transport company, without consumer intervention.

See “Exceptions to the right of withdrawal” applicable to this Service in Clause 6.3.3 of these Terms.

8. POLICY ON UNDELIVERED OR UNCLAIMED ORDERS

In compliance with current consumer protection regulations, and in order to ensure the proper management of shipments, the following policy shall apply to orders that could not be delivered or have not been claimed by the customer:

8.1 Failed deliveries due to causes beyond the Seller

If an order cannot be delivered for reasons not attributable to Ecomerzpro or its suppliers — including, but not limited to, incomplete or incorrect address, repeated absence of the recipient, or failure to collect at the designated delivery point — an attempt will be made to contact the customer through the means provided during the purchase (email, telephone, or instant messaging). If effective contact is made, an alternative solution will be proposed.

8.2 Customer inactivity or lack of response

If, after a period of thirty (30) calendar days from the first notification attempt, no response is received from the customer, the order will be considered a closed incident due to customer abandonment, without generating any right to refund or automatic reshipment of the product.

8.3 Product storage

The order will be stored at the supplier’s or Seller’s logistics facilities for a maximum period of ninety (90) calendar days from the first delivery attempt. After this period, if the customer has not managed the claim or expressly requested delivery or refund, it will be understood that they waive it. Consequently, the order may be destroyed or used for other logistical purposes without entitlement to compensation, refund, or reshipment.

8.4 Subsequent claims

The customer may exercise their right to file a claim. However, if the delay or abandonment of the order is due to inactivity attributable to the customer, the Seller will evaluate the claim on a case-by-case basis, reserving the right to deny the refund or reshipment if there are no justified grounds.

9. LIABILITY

In cases where the Client acts as a consumer, both this clause and the rest established in these conditions shall be limited by the provisions of the General Law for the Protection of Consumers and Users, so consumer rights and guarantees shall prevail over any provision that may be interpreted against their rights and guarantees.

Therefore, within the limits permitted by applicable law, Ecomerzpro shall not be liable in the following circumstances:
(i) for losses not attributable to any breach on our part,
(ii) business losses (including lost profits or revenues), or
(iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time these general conditions were formalized regarding the acquisition of the products between us.

Nevertheless, please note that the legislation of some countries may not allow some or all of the liability limitations set out in this clause, so in such cases, some of these limitations may not apply to You. Conversely, such legislation may grant You additional rights beyond those provided herein.

Nothing in these conditions limits or excludes Ecomerzpro’s liability for death or personal injury attributable to our negligence or willful misconduct.

Please note that Ecomerzpro cannot assume liability for any lack or breach of its obligations under these conditions if such lack or breach is attributable to circumstances beyond our reasonable control. Of course, this does not affect Your right to receive the products within a reasonable timeframe.

The risks of the products shall pass to You from the moment of their delivery. For the purposes of these Conditions, delivery shall be deemed to have occurred when the product has been materially delivered to You and You have acquired material possession, whether by Ecomerzpro or by a third party.

10. PRICE

The price of the products will be a fixed price as stipulated at each moment in the different Ecomerzpro portals.
The prices on the websites include taxes. Shipping costs will be charged according to the options You indicated during the contracting process. The means of payment that may be used on our Portal are those commonly used for e-commerce and, in any case, will be displayed at the time of completing the purchase process.
You agree to receive invoices for Your purchases electronically. Electronic invoices will be provided in PDF format.

11. COMMUNICATIONS IN WRITING

Applicable regulations require that part of the information or communications we send You must be in writing. Therefore, You agree that we may exchange electronic communications when using this communication system, both by Ecomerzpro and by You. Thus, we will contact You using these means, either by email and/or SMS, and will provide You with information by posting notices.

For contractual purposes, You agree that any contract, notification, information, and other communications that we communicate to You by the aforementioned means comply with the legal requirements equivalent to written documents. This condition will not affect Your rights recognized by law.

12. OUR RIGHT TO MODIFY THESE CONDITIONS

Ecomerzpro has the full right to review and modify these conditions at any time. In any case, You will be subject to the conditions in force at the time You place each order.

13. PLACE FOR SUBMITTING CLAIMS

You may address C/ Dublín, 1 Las Rozas, Madrid, 28232, Spain, for the purpose of submitting any claims You deem appropriate.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by and interpreted in accordance with the laws of Spain.

In cases where You act in Your capacity as a business entity with profit-making purposes and in relation to Your commercial, business, trade, or professional activity, You expressly waive any jurisdiction that may correspond to You and expressly submit to the Courts and Tribunals of Madrid (Spain) to resolve any dispute that may arise in the interpretation or execution of these contractual conditions.

In cases where the user qualifies as a consumer in accordance with Article 3 of the General Law for the Protection of Consumers and Users, whether as a natural person acting for purposes outside their commercial, business, trade, or professional activity, or as a legal person or entity without legal personality acting on a non-profit basis outside a commercial or business activity, the competent courts shall be those of the consumer’s domicile.

15. ONLINE DISPUTE RESOLUTION IN CONSUMER MATTERS

In compliance with Law 7/2017 of 2 November, which incorporates Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 into Spanish law, regarding alternative dispute resolution in consumer matters, we inform You that as a consumer the European Commission provides the Online Dispute Resolution Platform (ODR) for online dispute resolution, with the aim of making online purchases safer and fairer by giving access to quality dispute resolution tools, if necessary.

You can access the Platform, as well as all the information You may need for resolving possible consumer complaints, through the following link:

https://cec.consumo.gob.es/CEC/web/home/index.htm