1. IDENTIFICATION OF STORE OWNER
The present provisions regulate the ‘’ECOMM MOVADGENCY SL’’ for the sale of products through its web pages, with address at C/ Dublín, 1 Las Rozas, Madrid, 28232 and C.I.F. B87936753 , constituted by public deed granted before a Notary Public of Madrid, Ms.MARIA EUGENIA REVIRIEGO PICÓN, on October 17, 2017, with the protocol number 2.154, and registered in the Mercantile Registry of Madrid, in Volume 36546, Folio145, Page no. M-656418, entry 1(hereinafter "Ecomerzpro"), which is made available to clients through https://ecomerzpro.net/index.html (hereinafter the "Portal")
These Conditions are the only conditions applicable to the purchase of products through this electronic store and replace any other, unless there is express prior written consent of the Seller. These Conditions are important to both you and the Seller because they are designed to create a legally binding agreement protecting your rights as a customer and the rights of the Seller as a company. You declare that, by placing your order, you have read and accept these Conditions without reservation.
These General Conditions can be modified or completed by Special Conditions for the acquisition of any product. In case of contradiction, the provisions contained in the Special Conditions shall prevail.
2. SALES MODALITIES
Sale of products by Ecomerzpro in a direct way
Through our Portal you will be able to acquire products commercialized directly by Ecomerzpro, in this case, we will act as direct seller of the products and, its acquisition is subject to the present contractual conditions. In this case, when you place an order with us, we will proceed to send you a confirmation of receipt of the order, and we will inform you about the shipment of the products. In our Portal only, we sell products in the usual quantities for normal consumption of people, and will not process products in excessive quantities.
Sale of products by Ecomerzpro in direct shipment or dropshipping mode.
Through our Portal you can place orders in dropshipping mode. In this sense, our company would acquire the product you buy on our website from the supplier and/or manufacturer, who can be located anywhere in the world, so that they can send the product directly to you at the addresses you provide during the sales transaction. Therefore, our company does not carry out any process of storage, handling, reshipment or in any other way, intervene in the delivery of the product purchased by the user.
When we process your order and proceed to delivery, Ecomerzpro will provide you with customer service and after sales service, in relation to the management of any possible replacement and/or return of products with the final seller; as well as in relation to the delivery of product manuals.
Sale of third party products through spaces offered in our Portal
Through our Portal, you can acquire products from third party companies to which we give a space to market their products and/or services. These spaces will be identifiable by you meaning the identity of the seller will be indicated. The purchase of these products is subject to the conditions of sale and the specific privacy policies of each Seller, so you must read them carefully and accept them if necessary. Our Portal will only allow you to order products and/or services in connection with these third parties. In this sense, the detail page of these products will contain the corresponding information in case they are offered by external vendors. We can also provide links to the websites of your group companies and other companies. In the limits allowed by the applicable legislation, Ecomerzpro is not responsible for examining or qualifying, nor in any case can we guarantee, the offers of any such companies or individuals, nor the content hosted on their respective websites.
Once the order is placed, the contractual relationship that is generated is always between the seller and the buyer, without Ecomerzpro being part of it; therefore we do not assume any type of responsibility as a consequence of the mentioned contract. In no case shall Ecomerzpro be understood to be a representative, agent or in any other way a principal of the seller, nor to act on his behalf and/or representation. The seller is responsible for the sale of its products, as well as for providing assistance with respect to buyer's claims, or with respect to any matters relating to such contract between the buyer and seller. Nevertheless, Ecomerzpro will always put at your disposal all the means and tools necessary so that you can claim your rights as users against any seller, supplier and/or manufacturer, independently of the maximum respect and fulfillment of our obligations and responsibilities towards the consumers by virtue of what is established in the General Law of Consumers Users.
3. ORDERS AND METHODS OF PAYMENT
In general, when you place an order through our Portal, you accept that:
- You may only use this Portal to place legally valid orders.
- You may not place any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been made, we may cancel the order and inform the appropriate authorities.
- You also agree to truthfully and accurately provide us with your email address, postal address and/or other contact information and agree that we may use this information to contact you if necessary (see our Privacy Statement). In this regard, please note that if you do not provide us with all the information we need, 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 of age and have the legal capacity to enter into binding contracts.
We inform you that you can access all the information and forms detailed below at any time through our Portal.
3.1 Delivery period
The delivery period of the products is a maximum of 30 calendar days from the conclusion of the contract.
In this sense, if the delivery time of your order has exceeded the period indicated in this clause, you can contact us directly by filling out the form that appears in the section "Delivery Period", within the "FAQs" section of the Portal, and we will contact you to offer a solution appropriate to the circumstances.
If your order has been processed, you can access the tracking number by entering your order code and the email address you used to place the order.
The delivery period of the products is listed in the section "Delivery Period", within the "FAQs" section of the Portal.
3.2 Shipment tracking
In an estimated time of 48-72 hours, you will receive an email with the tracking information for your order.
If your order has been processed, you can access your tracking number by entering your order code and the email with which you made the purchase in the form "Locate your order" within the "FAQs" section of the Portal.
It may take 3-7 hours for the transportation provider to activate the identifier for online tracking, so please be patient if at first it does not appear as active on the website.
Given the case of absence from the place of delivery or incorrect addresses, among others, and we are unable to deliver the product, we will contact you for the purpose of providing the appropriate information to proceed with the collection of the order.
3.3 Cancellation and change of delivery address
You have 12 hours from the time you place your order to request a cancellation and change the delivery address in relation to the products purchased through the links in the order confirmation email that we sent you when you made the purchase. These links are also operational within the "FAQs" section of the Portal ("Cancellation of orders" and "Change delivery address").
After 12 hours, the order may begin processing and cannot be cancelled or modified. Please note that we process all orders as soon as possible so that you can receive your order as soon as possible, so we recommend that if you wish to cancel or change the shipping address of an order, you may do so through the link above on the same day that you made the purchase. In this sense, after the period of time identified in this clause, you should know that it is possible that your order has already been processed and it is not possible to carry out your request.
FORMS ACCESSIBLE FROM THE FAQs SECTION
If you wish to cancel your order, you can do so directly by filling out the form that appears in the "Order Cancellation" section, within the "FAQs" section of the Portal. Please note that the requirements set out in that section must be met.
If you wish to modify your order, you can do so directly by filling in the form that appears in the section "Change delivery address", within the "FAQs" section of the Portal. Please note that the requirements set out in that section must be met.
If you have mistakenly placed two orders, you can contact us directly by filling out the form that appears in the "Duplicate Order" section, within the "FAQs" section of the Portal.
3.4 Customs duty
It is possible that on certain occasions the transport company or customs indicate that you must pay an additional fee for your order. This is due to the fact that the customs taxes are granted in a random way to the orders coming into each country, so it is not up to us. In this sense, you will have to pay the costs related to these fees, so from Ecomerzpro we do not assume this cost. However, in case this happens to you, we recommend that you pay the invoice and contact us directly through the form that appears in the section "Customs Tax", within the "FAQs" section of the portal, attaching a photo of the invoice payment so that from Ecomerzpro we can do everything possible so that you don’t have to bear the expense.
3.5 Methods of payment.
All our orders are made online through our Portal purchase websites. Our accepted payment methods will be identified through the website where you buy.
When making the payment, you should take into account the following:
You must put a single phone number, with all the numbers together, without spaces or dashes.
You must fill in all the fields for the shipping address. If you are unable to fill in some of the address fields, please repeat your city or country, for example.
Check that the method you are using to pay has funds and is validated for internet purchases, as well as checking that the currency is accepted by the payment methods and that you have entered the CVC code (code you can usually find on the back of your card) on the card correctly.
4. PRODUCTS
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 on our Web site is correct, there are times when product packaging and materials may contain additional information that is different from what appears on our Web site; it may even be that product components or features may change. For this reason we recommend that you do not stop exclusively to read the information available on our Portal but, before using it, also read carefully the instructions and manuals that go with the Product.
Product availability
In relation to the orders acquired in the modality of Direct Shipment and shipment of third parties, the orders of products are subject to the availability of these third suppliers, since being a Dropshipping activity, we do not know the real stock of available products on the part of the suppliers and/or manufacturers. We try to include information on the website about the availability of the products we sell. However, since the products are obtained from third party suppliers, please note that it is not possible for us to provide more accurate information on the availability of a product, and there may be problems of availability from the supplier once your order has been completed.
In this sense, the Suppliers and/or Manufacturers are responsible for informing Ecomerzpro of the availability of these products at the time of processing your order, so if there are difficulties in supplying them, or if there are no items left in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value so that you can order them. If we do not offer you substitute products and/or you do not wish to place an order for such products, we will refund any amount you may have paid, within a maximum period of 30 days from the confirmation of withdrawal of the order placed; all this from the maximum respect and compliance with our obligations and responsibilities towards consumers under the provisions of the General Law on Consumer Users.
Withdrawal of products
We reserve the right to withdraw any product from any of the Ecomerzpro purchase websites at any time and/or to remove or modify any material or content from it. We shall not be liable to you or to any third party for the removal of any product, removal, or modification of any material or content from the Site.
Product quality and intellectual property
Ecomerzpro, in the modality of direct shipment and with third parties through its Portal, commercializes products of third parties that are sent directly to the buyer, reason why, although we put all the effort on our part to verify all the products of the suppliers and third parties with whom we work, sometimes it is possible that the products are substantially different in relation to their origin and/or the quality of such. If this is the case, please contact us as soon as possible so that we can solve your problem in accordance with these conditions.
In relation to the rights of intellectual and industrial property, we would like to emphasize that Ecomerzpro respects at any moment any right of intellectual property of third parties, reason why we made an effort to try to guarantee by means of the formalization of the respective contracts, and considering the particularities of our business, that the products offered through the vestibule by the manufacturers and/or suppliers respect the rights of intellectual and/or industrial property of third parties Therefore if you consider that any product and/or service offered through the Portal infringes intellectual property rights, or if you understand that your intellectual property rights are being infringed by any circumstance, we ask you to please inform us immediately of such circumstance so that we can answer you as soon as possible.
5. GEOGRAPHICAL SCOPE
The items offered through this website will be available in all countries where the website is accessible.
6. RIGHT OF CANCELLATION AND RIGHT OF WITHDRAWAL
Right of cancellation.
Thanks to our technology, the buyer can cancel his/her purchase at any time and automatically through the customer service portal, visible in our footers, while the order has not been processed, as we have indicated in clause 3.3 above. The system will automatically report the processing status of the order through the email you have provided as a means of contact.
Right of withdrawal.
In general, and in application of the provisions of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws (General Law on Consumers and Users), consumers and Users have the right to withdraw from purchases made at a distance, except for those products that we will identify below.
To this end, and in accordance with current legislation, we inform you that you can return the product and void the contract between us, without the need to justify such decision and without penalty of any kind, within a period of 14 calendar days from the receipt of purchased products. For the exercise of the aforementioned right, you may choose to either send us the product duly packaged directly and, without prejudice to its necessary handling in order to establish its nature, characteristics and operation, new, unused and complete, or by sending the DOCUMENT WITHDRAWAL accessible through the form in the FAQ section 'Return my order' contained in any and all of the websites of Ecomerzpro and accessible at all times on the PORTAL.
The user, as a consumer, will only be responsible for the decrease in value of the goods resulting from handling the products other than what is necessary to establish their nature, characteristics or functioning
The right of withdrawal, in accordance with the provisions of Article 103 of the General Law of Consumers and Users, will not be applicable to contracts that refer to:
The provision of services, once the service has been completely executed, when the execution has begun, with the prior express consent of the consumer and user and with the recognition on his/her part that he/she is aware that, once the contract has been completely executed by the employer, he/she will have lost their right of withdrawal.
The supply of goods or services whose price depends on fluctuations in the financial market that the company cannot control and which may occur during the withdrawal period.
The supply of goods made to consumer and user specifications or clearly personalized.
The supply of goods that can deteriorate or expire quickly.
The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
The supply of goods that after their delivery and taking into account their nature have been mixed in an inseparable way with other goods.
The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations that the company cannot control.
Contracts in which the consumer and user have specifically requested the company to visit them to carry out urgent repair or maintenance operations; if, during that visit, the company provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to those additional services or goods.
The supply of sealed sound or video recordings or sealed software that have been unsealed by the consumer and user after delivery.
The supply of daily newspapers, publications or magazines, with the exception of subscription contracts for the supply of such publications.
Contracts concluded through public auctions.
The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
The supply of digital content that is not provided in a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on his/her part that consequently he/she loses the right of withdrawal.
In addition, for the management of your right of withdrawal, you should take into account the following:
All products must be returned in their original packaging and condition, in perfect condition and protected, trying to avoid any type of adhesive elements directly on the surface or packaging of the product. Otherwise, and always in the limits allowed by the applicable legislation, Ecomerzpro reserves the right to refuse such return.
You must send the products without any delay following our instructions incorporating the mentioned document, within a maximum period of 14 days from when you communicated us your desire to exercise this right.
You will be responsible for the return shipping costs.
Once the products have been received and verified that they are in perfect condition, the refund will be processed in the shortest possible time and within a maximum period of 14 calendar days from the moment you exercise your right of withdrawal. Please note that until we have received the goods we may withhold the refund.
7. PRODUCT WARRANTY FOR NON-CONFORMITY
The responsibility for lack of conformity of the product will be governed by the provisions of the 114 and following of the Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users.
What is the legal warranty?
It is the warranty on the sale of consumer goods established by the European Directive 1999/44/EC, also known as the "conformity warranty", which protects the consumer when the products purchased are not in conformity with the sales contract (i.e. the products do not function properly from the start, do not conform to the description or characteristics provided by the seller, are not suitable for the ordinary use for which they are intended or when they cannot be used in accordance with the performance described by the seller.
The legal warranty only applies to consumers, that is, those who buy products for non-professional use. Therefore, you as a consumer are entitled to demand the legal warranty from the seller of the product, even if it is not the manufacturer.
Legal warranty
Products offered in Ecomerzpro are covered by the legal warranty of 2 years from delivery for new products at the expense of the seller, in accordance with the regulations of consumers and users.
The legal warranty of the products sold directly by Ecomerzpro is offered by Ecomerzpro.
The legal warranty of the products sold by external sellers other than Ecomerzpro, is offered by the external sellers, without damage of the fulfillment of our obligations and responsibilities towards the consumers by virtue of the established in the General Law of Consumers Users.
Rights granted under legal warranty
If the product you have purchased has a defect covered by the legal warranty, you have the right to require the seller to repair or replace the defective product, at no charge to you. In addition, you also have the right to a price reduction or termination of the contract in the following cases (a) if repair or replacement is not possible or is excessively costly; (b) if the seller does not repair or replace the product within a reasonable time; or (c) if the repair or replacement causes you significant inconvenience.
However, this does not mean that a minor defect that prevents repair or replacement of the purchased products, or makes them too expensive, automatically gives you the right to terminate this contract.
Duration of the legal warranty of conformity and its execution by the consumer
The legal warranty covers conformity defects that become apparent within two years of delivery of the product. In order to make use of it, you must report the defect to the seller within two months of discovering the defect.
Ecomerzpro will always help you to manage, through its customer service, any warranty applicable to the products purchased.
Difference between legal warranty and commercial warranty
In general, commercial warranties cover malfunctions that cannot be witnessed at the time of delivery due to the use of the product, while the legal warranty of conformity covers malfunctions caused by defects existing at the time of delivery of the product.
8. RESPONSIBILITY
In the event that the Customer acts in its capacity as a consumer, both this clause and the rest of those established in these conditions will be limited by the provisions of the General Law on Consumers and Users, so that the rights and warranties of consumers will prevail over any provision that may be interpreted against their rights and warranties.
Therefore, in the limits allowed by the applicable legislation, Ecomerzpro will not be responsible in the following circumstances (i) for the losses that were not attributable to any breach on your part, (ii) business losses (including loss of profit or income), or (iii) any indirect or consequential losses that were not reasonably foreseeable by both parties at the time of formalization of the present general conditions in relation to the acquisition of the products between us.
However, you should be aware that the laws of some countries may not allow some or all of the limits of liability provided for in this clause, so if this happens to you, it is possible that some of these limits may not apply to you. However, it may also be the case that such legislation may confer additional rights on you over and above those provided for herein.
Nothing in these conditions limits or the liability of Ecomerzpro for death or personal injury attributable to our negligence or willful misconduct.
Please note that Ecomerzpro cannot be held responsible for any failure or breach of its obligations under these conditions if such failure 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 period of time.
The risks of the Products will be your responsibility from the moment of delivery. For the purposes of these Conditions, it will be understood that delivery has occurred when the product has been materially delivered to you and has acquired its material possession, either by Ecomerzpro or by a third party.
9. PRICE
The price of the products will be a closed price that is stipulated at each moment in the different portals of Ecomerzpro.
The prices on the web pages include tax. Shipping costs will be charged according to the options you have expressed in the sales transaction. The payment methods that can be used in our portal are the usual ones for e-commerce and, in any case, will be shown 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.
10. WRITTEN COMMUNICATIONS
Applicable regulations require that some of the information or communications we send you be in writing. Therefore, you agree that we may exchange electronic communications when using this communication system on a regular basis, both by Ecomerzpro and by you. Therefore, we will contact you using these means, either via email and/or SMS and provide you with information by posting notices. For contractual purposes, you agree that all contracts, notices, information and other communications that we communicate to you by the above means meet legal requirements comparable to written documents. This condition shall not affect your statutory rights.
11. 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.
12. WHERE TO FILE A COMPLAINT
You can visit the address C/ Dublín, 1 Las Rozas, Madrid, 28232 for the purposes of submitting any complaints it deems appropriate.
13. APPLICABLE LAW AND JURISDICTION
These conditions shall be governed and interpreted in accordance with the laws of Spain.
In cases where you act in your capacity as a businessman for profit and a purpose related to your commercial activity, business, trade or profession, you expressly waive the 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 is a consumer in accordance with Article 3 of the General Law on Consumers and Users, either natural persons acting for purposes unrelated to their commercial or business activity, trade or profession, or legal persons and entities without legal personality acting on a non-profit basis in an area unrelated to a commercial or business activity, the Courts and Tribunals of the consumer's and user's domicile shall apply.
14. ONLINE CONSUMER DISPUTE RESOLUTION
In compliance with the provisions of Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and Council, of May 21, 2013, on the alternative resolution of consumer disputes, we inform you that as a consumer, the European Commission makes available to you the European Online Dispute Resolution Platform (ODR) for Online Dispute Resolution with the aim of making online purchases more secure and equitable through access to quality dispute resolution tools, if necessary.
You can access the Platform, as well as all the information you need for the resolution of possible consumer complaints through the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN
In addition, the official website of the European Consumer Center in Spain (ECC Spain) can also be accessed through the link below where you can request and access information on the rights and warranties in the field of consumption so they can take advantage of the possibilities offered by the European internal market. https://cec.consumo.gob.es/CEC/web/home/index.htm