Contract Conditions
CONTRACT CONDITIONS
This agreement regulates the General Conditions of Purchase of the various products and services offered on this website by ECOSYS EUROPA SL (hereinafter ECOSYS) with NIF No. B93220838 and address at Reinoso Alto, 38 Estepona 29680 Malaga.
The CLIENT at the moment he/she completes the registration process, and buys any of our products, accepts and expressly submits to the clauses specified below, as well as the Conditions of access and use (legal notice) of our portal and its Privacy Policy available on our website.
The CLIENT acknowledges having sufficient legal capacity to be contractually bound.
The present contract/conditions are permanently accessible in the Terms and Conditions on our website.
IMPORTANT:
*Some points will only be applicable to this contract when the CLIENT acts as a consumer and user (not as a professional/entrepreneur).
1. PRICES AND TAXES
In consideration for the product purchased, the CLIENT expressly agrees to pay ECOSYS the amounts specified at the time of purchase in the list of prices established in the web www.ecosensespain.com for the chosen products.
The products offered on this website are subject to Value Added Tax (VAT) which IS INCLUDED in the prices detailed for each product.
The delivery of the articles will be understood to be located in the territory of application of VAT if the delivery address is located in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time, depending on the specific article in question.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories.
In the case of deliveries to European Union countries, Spanish VAT will be deducted and the VAT rate corresponding to the country of destination will be applied. However, these orders may be subject to import and/or customs duties, depending on the regulations of each country.
In the event that import and/or customs duties are applied, these shall be borne by the recipient. These costs may vary depending on the country of destination, so in most cases, the costs cannot be estimated prior to delivery.
Transport costs are NOT included in the price of the products.
Once the selection of products has been completed and prior to confirming the order and before proceeding to pay for it, the final price of the purchase will appear on the screen, which will include VAT (Value Added Tax), handling, packaging and shipping costs, if applicable, which will be reflected in the order form at the time of purchase and on the invoice.
Anything that is not specified in the description as included is not included.
2. PURCHASING PROCEDURE
Orders may only be placed through this website by individuals over 14 years of age and companies.
All our products are listed individually on the website. The procedure to make and manage the purchase is indicated on the website and only the following steps must be followed:
a. Choose the product you wish to purchase.
b. When you select a product, it can be added to the Shopping Cart and you can choose to continue shopping or to process the order.
c. To process the order you will have to fill in a form with your personal details to formalise the purchase procedure.
d. Next, the order will be verified, where the selected articles are detailed one by one and the total price is calculated.
e. It will also be necessary to indicate the billing and delivery addresses for the purchase made. It will be possible to indicate a single address for invoicing and delivery.
f. Once the process has been completed, it will be necessary to check a box to verify that the terms and conditions of sale have been read and accepted.
g. On the website you will be provided with the mechanisms for payment depending on the system chosen in each case.
h. Once the payment details have been entered, you must confirm the order by clicking on the "Buy" button.
i. Once the "Buy" button has been clicked, the product will be delivered.
The CUSTOMER is informed that the photographs of the products published as samples on the website may differ, not substantially, from the delivered product, as the colours or shapes may be perceived differently by each consumer due to multiple variables, such as the devices with which the products are viewed or environmental conditions such as light. However, these or other variables will never alter the characteristics of the products, which will be those described on the website and, in any case, the CUSTOMER may choose to withdraw from the purchase as indicated in these conditions.
3. AVAILABILITY AND DELIVERY
The products offered by ECOSYS are available for distribution throughout the European Union.
Orders will be processed once payment has been correctly received.
The products offered by ECOSYS will always be subject to availability which will be specifically indicated on our website for each product so, in case of unavailability of any item offered, the CUSTOMER will be duly informed of the lack of availability. Under normal conditions, all the products that appear on our Web are available for delivery within the indicated deadlines.
In cases where, once the order has been placed, the product contracted by the CUSTOMER is out of stock, the CUSTOMER will be duly informed and will be offered an alternative product of similar characteristics of equal price and quality to the one purchased. If, however, the CUSTOMER is not interested in accepting the proposed alternative, ECOSYS will proceed to refund the amount already paid and will inform him of the procedures and deadlines for reimbursement.
As a general rule, the maximum delivery time at home will be 5 working days from the moment of purchase and from the moment we have confirmed your payment. These delivery times are approximate and in no case binding for ECOSYS.
Deliveries will be made on working days (Monday to Friday). It is advisable that the CUSTOMER communicates its time preferences for delivery when filling in the order data in the section for Comments.
The delivery of the purchased product at home will be made by the carrier together with a delivery note at the address indicated in the order form that the CUSTOMER must sign as a document of receipt. Likewise, the CUSTOMER will be duly informed in the event of an incident occurring or the delivery being delayed for any reason.
If delivery at the address indicated is not possible due to the absence of the addressee, the carrier will contact the CUSTOMER directly and will indicate in detail the steps to be followed. In the event that the impossibility of delivery is caused by having entered the wrong address, the cost of reshipment of the order will be borne by the CUSTOMER. ECOSYS is not responsible for delays in the delivery of the purchased parts due to causes attributable to the carrier.
In order to keep you informed of the management of your purchase, you will receive by e-mail a notice of the confirmation of your order and payment.
The CLIENT can check the status of his order or reservation through the website of Correos. You can also contact us through the contact form that we make available on the website and / or by calling from 9:00 to 18:00 Monday to Friday at +34 619 540 950 or by sending an email to the address info@ecosensespain.com.
The CLIENT will receive together with the product, the installation manual of each product purchased.
Once the product is installed, we have a customer service, which can be contacted by calling from 9:00 to 18:00 from Monday to Friday at +34 619 540 950 or by sending an email to info@ecosensespain.com. It will also be possible to schedule a video call for assistance.
4. PAYMENT AND PAYMENT PERIODS
The following payment methods are accepted:
- Paypal: Connecting directly with Paypal.
- ApplePay: Connecting directly with ApplePay.
- Credit Card: The transaction is made by connecting directly with the bank CAIXABANK through its payment gateway.
- Bank Transfer: Making a deposit of the total amount of the purchase in the current account of LA CAIXA nº ES70-2100-6387-8402-0012-2956.
Once the payment has been made, you will receive a confirmation e-mail.
ECOSYS has no knowledge of your credit card details. All our payment systems are totally secure.
Payments are prior to the delivery of the product or service, so ECOSYS will not provide the requested product until it has received payment for it. ECOSYS reserves the right to cancel temporarily or permanently the services provided, in case of any incident regarding the collection of the same.
5. INVOICES
When you make the corresponding payment, you will receive the Invoice of your purchase in PDF format in the e-mail, which you can download by clicking on the link, if you wish.
The CUSTOMER is responsible for the confirmation of the reception of the notifications and for informing us of any modification on his data, being ECOSYS exonerated of any responsibility derived from this circumstance.
6. WARRANTY
IMPORTANT. The conditions regulated in this section apply only in the case that the CUSTOMER acts as a consumer or user, not as a professional/entrepreneur.
All our products are subject to quality controls and are guaranteed against production defects for a period of three (3) years from the date of delivery.
The warranty covers any manufacturing, design or material defect, although it will be necessary that the lack of conformity is revealed within fifteen (15) days from the date of knowledge of the defect. The warranty covers only defective products. It does not cover blows, improper use, or others that are not attributable to a defect of the supplier or a defect in the product.
During the warranty period the CUSTOMER may return the product and we will repair or replace it. Transport costs generated by returns under warranty will NOT be borne by the CUSTOMER.
The warranty document is the purchase invoice.
In the case of purchases made by CUSTOMERS legal entities or professionals, the warranty will be for two (2) years. We guarantee that all products are free from defects for a period of two years from the date of delivery. During this period, defective goods will be replaced.
7. RETURNS
IMPORTANT: These conditions of return of our products do not apply in the case of exercise of the right of withdrawal (explained in section 8).
Returns or exchanges of products will only be accepted in case of manufacturing defect, transport damage or delivery errors. In any case, no more than fifteen (15) days must have elapsed since receipt of the product or since you became aware of the defect and the packaging and accessories must be included. It shall be verified prior to acceptance that it is a manufacturing or packaging defect or anomaly and not an inadequate or negligent use, handling or storage. They shall always be accompanied by the corresponding delivery note or invoice.
Both in the case of return due to a manufacturing or packaging defect and in the case of an error in the order, the CUSTOMER will be offered, if possible, the repair of the part or its replacement by another alternative at no additional cost and without the right, on the part of the CUSTOMER, to any type of compensation. The expenses generated by the shipment of the repaired or correct order will be borne by ECOSYS.
In any case, the return will always be subject to prior examination by ECOSYS of the state of the product being returned and verification that the requirements of these conditions of sale have been met. Upon receipt of the return and if applicable, we will refund the amount charged within a maximum period of 30 days and in the same terms used to make the payment.
ECOSYS reserves the right to refuse returns communicated or sent after the deadline or products that are not in the same condition in which they were received.
The returns will be managed by sending an email to info@ecosensespain.com with a description of the reasons and the alleged causes for the return. It will also be necessary to indicate the name and surname and the reference number of the order. Once we receive the request, we will process it in a timely manner.
8. RIGHT OF WITHDRAWAL
IMPORTANT: The right of withdrawal regulated in this section will only be applicable to this contract when the CUSTOMER acts as a CONSUMER AND USER (it will not be applicable if acting as a professional/businessman).
You have the right to withdraw from this contract within 14 calendar days without giving any reason.
The withdrawal period shall expire 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.
To exercise the right of withdrawal, you must notify ECOSYS EUROPA SL Reinoso Alto, 38, Estepona 29680, email: info@ecosensespain.com, your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form below, although its use is not mandatory.
Model withdrawal form
To the attention of
ECOSYS EUROPA SL
AVENIDA LITORAL 7
ESTEPONA 29680
I hereby inform you that I withdraw from my contract of sale of the following property:
Received/Ordered on:
Consumer's name:
Consumer's signature
Date
In order to meet the withdrawal deadline, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Consequences of withdrawal:
In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of the additional costs resulting from your choice of a mode of delivery other than the least expensive mode of ordinary delivery offered by us) without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract.
The CUSTOMER shall bear the direct costs of returning the goods, whereby the cost of collection shall be deducted from the refund, except in the case of defective quality, transport/delivery damage or delivery error on our part.
We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any charges as a result of the refund.
We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, whichever condition is met first.
You must return the goods to ECOSYS EUROPA SL, AVENIDA LITORAL 7, ESTEPONA 29680, without undue delay and in any event not later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline shall be deemed to have been met if you return the goods before the end of this period.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
9. PERFECTION OF THE CONTRACT AND MODIFICATIONS OF THE SERVICES
The present contract will be perfected with the payment of the product.
ECOSYS reserves the right to modify in any way the characteristics and conditions of its services, always with the aim of improving them and that means a benefit for the CUSTOMER.
10. OBLIGATIONS OF THE PARTIES
ECOSYS undertakes to provide the CUSTOMER the products and services that have been contracted applying the maximum diligence in the provision of the service, as well as to take care of the maintenance of the facilities necessary for the operation of the network, having for this purpose an adequate technical and computer equipment, and to manage the logistics operations, shipping and delivery of the purchase made through the carrier.
The CUSTOMER undertakes to use the services made available in good faith, without violating the laws in force in any matter or infringe the rights of third parties, as well as the payment of the selected product in the time and manner set out in these conditions of sale and its receipt at the place indicated for delivery.
ECOSYS does not guarantee that the availability of the service object of this contract will be continuous and uninterrupted, due to circumstances originated by problems in the Internet network, breakdowns in the computer devices and other unforeseeable circumstances. So that the CUSTOMER agrees to bear within reasonable limits these circumstances, so it expressly waives to claim to ECOSYS any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.
11. COMMUNICATIONS
All the notifications between the parties will be made preferably through e-mail. The CUSTOMER is responsible for the confirmation of the reception of the notifications and for informing ECOSYS about any modification on its data, being exonerated from any responsibility derived from this circumstance. In case of modification the CUSTOMER must inform ECOSYS in the e-mail or telephone numbers indicated on our website.
In compliance with Article 21 of Law 34/2002 of Services of the Information Society and Electronic Commerce, we inform you that our commercial mailings and information relating to our website and the products offered in it, will be made by e-mail to the e-mail address you provide us, always with revocable character. In any case, you have the option to reject our commercial communications by sending an e-mail to the address info@ecosensespain.com indicating in the subject the word UNSUBSCRIBE.
12. COMMITMENT, ACCEPTANCE AND VALIDITY OF THE CONTRACT
The CUSTOMER acknowledges having read and accepted the Legal Conditions of Use and the Privacy Policy of the website.
The CUSTOMER acknowledges that he/she has understood all the information regarding the products and services, including, if applicable, the delivery, offered on our website, as well as all the conditions and stipulations contained in this electronic contract, and therefore affirms that they are sufficient for the exclusion of error in the consent of this contract, and therefore, accepts them fully and expressly.
The CLIENT is fully aware that the acceptance and execution of this contract will take place through the provision of their data and clicking on the "Buy" button indicated on our website and that it will be perfected with the payment of the service.
13. APPLICABLE LAW
This Agreement shall be governed by and construed in accordance with the laws of Spain.
In the event of any discrepancy or difference between the parties in relation to the interpretation, content or execution of the Contract that is not resolved by mutual agreement, the Parties shall submit to the courts or tribunals of the place of domicile of the CUSTOMER, provided that the CUSTOMER acts as a consumer.
In the event that the consumer is domiciled outside Spain, or if the management consists of a sale and purchase made by a company, both parties shall submit to the courts and tribunals of the city of Estepona (Spain), expressly waiving any other jurisdiction that may correspond to them.
We also provide our clients with the following link to access the official online dispute resolution platform of the European Commission:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES
14. PERSONAL DATA
The contracting process requires you to fill in personal data forms in order to process and manage orders and, if you authorize it, to send you commercial information about our products and services. The provision of such personal data requires prior approval of our Privacy Policy.
Attention: These General Terms and Conditions of Purchase have been updated on 10/02/2023. We may modify them at any time, as well as change the list of prices and products offered. Please check the date of issue each time you log on to our website to ensure that no changes have been made that may affect you.