General contract conditions

INTRODUCTION:

This contractual document will govern the General Conditions for contracting products or services (hereinafter, “Conditions”) through the elogiopremium.com website, property of INNOVARTIA S.L., hereinafter PROVIDER, whose contact information also appears in the Legal Notice of this website.

These Conditions may be modified at any time. It is the USER’s responsibility to read them periodically, since those that are in force at the time of placing orders will be applicable.

The contracts will not be subject to any formality with the exception expressly indicated in the cases in the Civil and Commercial Codes and in this or other special laws.

Acceptance of this document means that the USER:

• He has read, understands and understands what is stated here.
• He is a person with sufficient capacity to hire.
• He assumes all obligations set forth herein.
These conditions will have an indefinite period of validity and will be applicable to all contracts made through the PROVIDER’s website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification. .

Identity of the contracting parties

On the one hand, the PROVIDER of the products or services contracted by the USER is INNOVARTIA S.L., with registered office C/ CAPILEIRA 14 (POLIGONO JUNCARIL), – PELIGROS (Granada), NIF B18918623 and with customer service / USER telephone number…… ………………………………………

And on the other hand, the USER, registered on the website using a username and password, over which he or she has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual sales relationship born between the PROVIDER and the USER at the time the USER accepts the corresponding box during the online contracting process.

The contractual sales relationship entails the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product or service.

Hiring procedure

It is reported that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

1. General contracting clauses.
2. Shipping of orders.
3. Right of withdrawal.
4. Claims.
5. Force majeure.
6. Competition.
7. Generalities of the offer.
8. Price and validity period of the offer.
9. Transportation costs.
10. Payment method, expenses and discounts.
11. Purchase process.
12. Applicable guarantees.
13. Guarantees and returns.
14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING OF ORDERS

The PROVIDER will not send any order or activate any service until it has verified that payment has been made.

• National shipments are made to Spain and the Peninsula. If you want to place an order to the Balearic Islands, Canary Islands or a country other than Spain, contact us at info@elogiopremium.com
• Shipments are made by courier service.
Failure to execute the remote contract

Delivery dates or times will be understood as approximate, delay not constituting essential non-compliance.

The delivery time is usually between 2 and 5 business days, depending on the destination population and the chosen payment method. This term is understood provided that the availability of the merchandise has been confirmed and full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or his or her delegate, has signed the delivery receipt document.

It is the USER’s responsibility to verify the products upon receipt and expose all reservations and claims that may be justified in the delivery receipt document.

3. RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed with the return and/or claim any possible defects or defects that the product or service presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27).

Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal may not be applied in the following cases:

1. If the product is not presented in perfect condition.

2. If the product packaging is not the original or is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, and the use of seals and adhesive tapes applied directly to it is prohibited.

3. When the product is opened without being able to prove that it has not been used.

All returns must be communicated to the PROVIDER, or by email to info@elogiopremium.com, indicating the corresponding invoice or order number.

4. CLAIMS

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

Postcard: INNOVARTIA S.L., C/ CAPILEIRA 14 (POLIGONO JUNCARIL), – PELIGROS (Granada)
Email: info@elogiopremium.com
Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of law, through the intervention of a third party, called the Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties will not incur liability for any failure due to a major cause. Compliance with the obligation will be delayed until the case of force majeure ceases.

6. COMPETITION

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to comply with, the validity, legality and compliance of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these Conditions in their entirety.

7. GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of INNOVARTIA S.L. or what is stipulated here, will take effect, unless expressly agreed in writing signed by the PROVIDER, in this case, these particular agreements will prevail.

Given the continuous technical advances and improvements of the products, the PROVIDER reserves the right to modify its specifications with respect to the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8. PRICE AND PERIOD OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly indicated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and annexes to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check all the details of the quote online: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the purchase total. Prices may change daily while the order is not placed.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or the company name that the USER has informed at the time of placing the order. This invoice will be sent along with the purchased product, as well as in PDF to the email address provided by the USER.

For any information about the order, the USER may contact via email at the address info@elogiopremium.com.

9. TRANSPORTATION EXPENSES

Prices do not include shipping or communication costs, installation or download costs, or additional services, unless expressly agreed otherwise in writing. Shipping costs will be calculated at the time of saving the basket or quote, since they are calculated by the weight of the products and the delivery address.

10. PAYMENT METHODS, CHARGES AND DISCOUNTS

The PROVIDER allows the following ways to pay for an order:

Credit card: no discounts or charges will be applied.

• Payment by credit card is made through the bank’s server, which guarantees the client’s security thanks to the protocol based on the SSL standard, which means that the data travels encrypted over the network and no one can intercept or use it fraudulently. . Credit card details are transmitted securely directly to the bank and this information never reaches any other recipient.
• If payment is denied by the payment gateway, the user will be informed of the error and the order will continue to be pending payment. In the case of payments with cards issued in a country other than Spain, the issuing bank must be covered by the Secure Electronic Commerce Security Protocol (CES).
The PROVIDER undertakes not to allow any transaction that is illegal, or is considered by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

11. PURCHASE PROCESS

Basket (budget simulation)

Any product from our catalog can be added to the cart. In this, only the items, quantity, price and total amount will be observed. Once the basket is saved, taxes, charges and discounts will be calculated according to the payment and shipping information entered.

The baskets do not have any administrative connection, it is only a section where a budget can be simulated without any commitment on both parties.

From the basket you can place an order by following the following steps for its correct formalization:

1. – Checking billing information.
2. – Checking the shipping address.
3. – Selection of the payment method.
4. – Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER’S management department and another to the USER’s email confirming the placement of the order.

Orders (purchase requests)

Within a maximum of 24 hours, on business days, an email will be sent to the USER confirming the status of the order and the approximate shipping and/or delivery date.

12. APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a warranty period of two years, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and users and other complementary laws.

13. GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees for the sale of consumer goods:

I) Compliance of the products with the contract

1. Unless proven otherwise, it will be understood that the products comply with the contract as long as they meet all the requirements expressed below, unless due to the circumstances of the case any of them are not applicable:

a) They conform to the description and qualities manifested by INNOVARTIA S.L..

b) They are suitable for the uses to which products of the same type are ordinarily intended.

c) Are suitable for any special use required by the client when they have brought it to the attention of INNOVARTIA S.L. at the time of conclusion of the contract, provided that the latter has admitted that the product is suitable for this use.

d) They present the usual quality and performance of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by INNOVARTIA S.L..

e) INNOVARTIA S.L. describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that it is not bound by these public statements.

2. The lack of conformity resulting from incorrect installation of the product will be equated to the lack of conformity of the product when the installation is included in the sales contract and has been carried out by INNOVARTIA S.L. or under his responsibility, or by the USER when the defective installation is due to an error in the installation instructions.

3. There will be no liability for lack of conformity that the USER knows or could not have ignored at the time of the contract or that originate from materials supplied by the USER.

II) Responsibility of the PROVIDER and rights of the USER

INNOVARTIA S.L. will respond to the USER for any lack of conformity that exists at the time of delivery of the product. INNOVARTIA S.L. recognizes the USER the right to repair the product, replace it, reduce the price and terminate the contract.

In accordance with article 6 of the Civil Code, any prior waiver of the USER’s rights or acts carried out in fraud will be void.

III) Substitution of products

1. If the product does not comply with the contract, the USER may choose between demanding its replacement, unless one of these options is impossible or disproportionate. From the moment the USER notifies INNOVARTIA S.L. the option chosen, both parties must abide by it. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.

2. Any form of sanitation imposed on INNOVARTIA S.L. will be considered disproportionate. costs that, in comparison with the other form of correction, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and whether the alternative form of correction could be carried out without major inconveniences for the USER.

IV) Product replacement rules

The replacement will comply with the following rules:

a) They will be free for the USER.

This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially shipping costs.

b) They will be carried out within a reasonable period of time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.

c) The substitution suspends the deadlines referred to in Article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII will apply to the substitute product.

V) Refund of amounts paid

If a refund of the amounts paid has to be made, the company will do so via bank transfer to the account number indicated by the user. The refund will be made once the status of the returned product has been verified and validated and once it has been verified that the payment has been effective with no possibility of return.

14. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER’s domicile any controversy that may arise from the provision of the products or services that are the subject of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly renounce any other forum, submitting to the Courts and Tribunals closest to the population of PELIGROS (Spain).