1. IDENTIFICATION OF SHOP OWNER
These provisions regulate the service of ”ECOMM MOVADGENCY SL” for the sale of products through its websites, at the registered address of C/ Dublín, 1 Las Rozas, Madrid, 28232 and Tax ID Number B87936753, established by public deed granted before a Notary Public of Madrid, MS. MARIA EUGENIA REVIRIEGO PICÓN, on October 17, 2017 with protocol number 2,154, and registered in the Mercantile Registry of Madrid, in Volume 36546, Folio145, Page no. M-656418, entry 1 (hereinafter as, ‘Ecomerzpro’), makes available to its customers.
The present conditions are the only conditions applicable to the purchase of products through this electronic store and replace any other, unless prior express 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 represent that, by placing your order, you have read and accept these Conditions without reservation.
These General Conditions may be modified or supplemented by Specific Conditions for the purchase of any product. In the event of contradiction, the provisions contained in the Specific Conditions will prevail.
2. TERMS OF SALE
Direct sale of products by Ecomerzpro
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 conditions of contract. In this case, when you place an order with us, we will proceed to send you a confirmation of the reception 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.
You agree to receive invoices for your purchases electronically. Electronic invoices will be provided in PDF format.
Clauses 3 to 15 of the present contract conditions will be specifically applied to the sale of direct products from Ecomerzpro.
Sale of products in dropshipping mode and availability of products.
You can place orders through our portal in dropshipping mode. In this sense, our company would acquire the product you buy on our website from the supplier and/or manufacturer, which can be located anywhere in the world, in order for the product to be sent directly to you at the addresses provided during the sales transaction. Therefore, our company does not carry out any process of storage, manipulation, reshipment or in any other way, intervene in the delivery of the product purchased by the user.
For this reason, all product orders are subject to product availability, given that as this is a Dropshipping activity, we do not know the actual stock of products available from suppliers and/or manufacturers. We try to include information in the website about the availability of the products we sell. However, as the products are obtained from third party suppliers, we are able 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.
All product orders are subject to product availability, since as this is a Dropshipping activity, we do not know the actual stock of products available from suppliers and/or manufacturers. The suppliers and/or manufacturers are responsible for informing Ecomerzpro of the availability of products at the time of processing your order. In this sense, if there are difficulties in supplying them, or if there are not any more items left in stock, we reserve the right to provide you with information about substitute products of equal or superior quality and value that you may order. If we do not offer replacement products or you do not wish to order such products, we will refund any amount you may have paid, within a maximum of 30 days from confirmation of cancellation of the order placed, which must be made within 14 days of delivery.
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 manuals of the products.
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 so that they may market their products and/or services. These spaces will be identifiable by you as long as the identity of the seller is 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.
Once the order is placed, the contractual relationship is always between the seller and the buyer, without Ecomerzpro being part of it; therefore we do not assume any kind of responsibility as a consequence of the aforementioned contract. In no case may Ecomerzpro be understood as a representative, agent or in any other way as a mandator of the seller, nor can it be understood that Ecomerzpro acts in its name and/or representation. The seller is responsible for the sale of their products, as well as for offering assistance in respect to the buyer\’s claims, or with regard to any matter related to the said contract between the buyer and seller.
Our Portal will only allow you to order products and/or services from these third parties. The detail page of these products will contain the corresponding information in the event that they are offered by external sellers.
We may also provide links to the websites of companies of the same group as well as other companies.
Ecomerzpro is not responsible for examining or qualifying, and in no case do we guarantee, the offers of any such companies or individuals, or the content hosted on their respective websites. We assume no responsibility for the actions, products and content of any such companies or individuals or any other third parties.
3. PROHIBITED ORDERS
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 placed, we may cancel it and inform the appropriate authorities.
You also agree to provide us with a true and correct email address, postal address and/or other contact details and agree that we may use this information to contact you if necessary (see our Privacy Statement).
If you do not provide us with all the information we require, we will not be able to process your order correctly with the supplier and/or manufacturer for proper delivery.
By placing an order on this website, you warrant to us that you are over 18 years of age and have the legal capacity to enter into binding contracts.
4. GEOGRAPHICAL SCOPE
Items offered on this website will be available in all countries where the website can be accessed.
5. WITHDRAWAL OF Ecomerzpro PRODUCTS
We reserve the right to withdrawal 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 will not be liable to you or any third party for the withdrawal of any product, removal or modification of any material or content on the website.
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. The system will automatically inform you of the order processing via email.
Right of withdrawal.
In general, and in application of the provisions of the Royal Legislative Decree 1/2007, of November 16th, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, consumers and Users have the right to withdraw from purchases made at a distance, except for those products referred to in Article 102 of the aforementioned law.
To this effect, and in accordance with the current legislation, Ecomerzpro will facilitate to the Clients the exercise of the right of withdrawal before the manufacturers and/or suppliers of the acquired product. The maximum period for the exercise of the right of withdrawal will be 14 days. Without prejudice to the above, you may not exercise the right of withdrawal when you purchase products made to the specifications of the consumer and user or clearly personalized, or products that by their nature can not be returned, or books, sound or video recordings, discs and computer programs or other intellectual creation that had been unsealed by the consumer and user, as well as computer files, supplied electronically, capable of being downloaded or reproduced immediately for permanent use; Products that may deteriorate or expire quickly; Products that cannot be returned due to hygienic reasons or health protection, or which are, after delivery, inseparably mixed with other products; or when the purchased product cannot be withdrawn, in accordance with the provisions of the legislation in force at any given time.
For the exercise of the aforementioned right, you must send us the product properly packed together with the DOCUMENT OF WITHDRAWAL that is requested through all and any of Ecomerzpro’s websites. The expenses caused for the return of the product will be assumed by you.
7. GUARANTEE OF THE PRODUCTS BY LACK OF CONFORMITY
The responsibility for non-conformity of the product will be governed by the provisions of the 114 and following of the Royal Legislative Decree 1/2007, of November 16th, which approves the revised text of the General Law for the Defense of Consumers and Users will always be of the manufacturer and/or supplier. Nevertheless, Ecomerzpro will help you to manage, through its customer service, any guarantee that is applicable to the acquired products.
8. IMPOSSIBILITY AND/OR DELAYS OF DELIVERY
If for reasons attributable to the buyer (e.g. absence from place of delivery, incorrect addresses, etc.) it is not possible to deliver the product, we will contact you in order to provide you with the appropriate information to proceed with the collection of the order. If delivery is impossible due to these circumstances, Ecomerzpro will not assume any responsibility for non-delivery and/or loss of the products.
Also, many of the products purchased, may come from other countries, so the delivery process can be delayed by several months. However, you will be able to obtain tracking information of the shipment and the delivery process through the different services that Ecomerzpro makes available to you.
9. TRANSFER OF RISK AND OWNERSHIP
Risks of the Products will be borne by you from the time of delivery.
You will acquire ownership of the products when we receive full payment of all amounts due in respect of the products, including shipping costs, or upon delivery, if delivery takes place at a later date.
For the purposes of these Conditions, ‘delivery’ shall be deemed to have taken place when the product has been made available to you, either by Ecomerzpro or by a third party, even if, in accordance with the previous clause, delivery has proved impossible.
The price of the products will be a closed price which is stipulated at each moment in the different portals of Ecomerzpro.
The prices on the websites include tax. Shipping costs will be charged according to the options you have expressed in the purchasing transaction. 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 moment of finalizing the purchase process.
Likewise, it is possible that you may be required to pay a certain tax as a result of the passage of the products purchased by national and/or international customs. In this sense, Ecomerzpro will not assume any payment nor overcharges, derived from this circumstance, so, in such case, they must be paid by you.
Applicable regulations require that some of the information or communications we send you be in writing. Therefore, you accept 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 through e-mail and/or SMS and will 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, comply with the legal requirements comparable to written documents. This condition will not affect your statutory rights.
12.PRODUCT QUALITY AND INTELLECTUAL PROPERTY
Ecomerzpro, through its Portal, commercializes products of third parties that are sent directly to the buyer, therefore, in no case it can verify nor assume responsibilities in relation to the origin and/or the quality of such, as well as by any possible violation on the part of the manufacturers and/or suppliers of rights of intellectual and/or industrial property of third people
13.OUR RIGHT TO MODIFY THESE CONDITIONS
Ecomerzpro has the full right to review and modify these conditions at any time. In any case, you may be subject to the conditions in place at the time you place each order.
14.WHERE TO FILE A COMPLAINT
You may address your complaint to C/ Dublín, 1 Las Rozas, Madrid, 28232. Spain for the purpose of submitting any complaints you may deem appropriate.
15.APPLICABLE LEGISLATION AND JURISDICTION
Contracts for the purchase of products through our site and all matters arising therefrom shall be governed by Spanish law and be subject to the courts of the city of Madrid.