1. PREAMBLE AND DEFINITIONS
The sale conditions detailed below (hereinafter referred to as “Terms of sale”) govern the system of purchases that are formalised through the website www.enaut.co , the rights and obligations derived from these, and contractual relationships between any user of the website www.enaut.co who may wish to make and formalise a purchase through the website (hereinafter the “Customer”) and the entrepreneur EÑAUT BARRUETABEÑA AMPARAN (hereinafter the “Entrepreneur”).
The data related to the Entrepreneur is the following:
The main activity of the Entrepreneur is the design, manufacture and sale of clothing through the website www.enaut.co. The sales transactions performed out through the web page are carried out on the products offered therein and for which the Entrepreneur has the corresponding availability, as well as under the conditions that are regulated in this document and the content of specific offers.
The only applicable conditions of sale are those that are regulated and replace any other condition, unless previously agreed otherwise expressly and in writing. At any time, the Entrepreneur may be obliged to modify certain provisions of these general conditions. Therefore, it is necessary to be familiar with the updated version when placing an order on the website www.enaut.co (hereinafter referred to as the “Website”). These modifications will affect the Customer acquiring products from their online publication and will be applied to subsequent orders from the publication. Each purchase on the Website is subject to all the clauses of the general conditions applicable on the date of the order.
Every Customer, when making any type of order through the Website, expressly declares, in placing the order, to be of legal age and have the legal capacity and full capacity to act for the purposes of accessing the Website and for hire, purchase and sale transactions undertaken through it.
The Customer cannot validate his order until he or she knows the conditions of sale of this document and accepts them by selecting the respective icon on the website when validating each order, which will entail the express declaration of knowing, understanding and accepting without reservation the conditions of use and these conditions of sale. The acceptance of the sale conditions regulated in this document, through the order validation, also entails the formalisation of the purchase agreement, which is formalised in accordance with Spanish legislation.
The Website offers the respective information on all items for sale, their characteristics and prices. The Company reserves the right to withdraw, replace or change the products offered through the Website, by simply changing its contents, so that the products offered at any time by the Website will be those for which respective orders and purchases may be made.
All the contents of the Website are available in Spanish and English, and orders and purchases may be made in any of these languages.
The purpose of these conditions is to define the system of purchases and sales that are formalised through the Website, and the rights and obligations derived from them, and with it the legal relationship established between the Entrepreneur and the Customer for the purchase and sale formalised.
3. PRINCIPLE CHARACTERISTICS, DETAILS AND PHOTOS OF THE PRODUCTS
The products offered on the Website reflect as accurately as possible the principle and basic characteristics of the products, through the technical descriptions of the products and the photographs and/or videos of the products, all in accordance with the technique and respecting the best market standards.
However, sometimes the technology may not accurately reflect the representation of the products displayed on the Website, in particular as a result of differences in the result of the colours by Internet browsing software and/or computer monitor displays. The Entrepreneur is not responsible for the inaccuracy of the photographs that appear on the Website, and the Customer shall accept the degree of inaccuracy that is defined.
The technical descriptions of the products are those that exist between the Entrepreneur and the Customer. Any other expectation of the Customer regarding features not described in the Website concerning the product does not create any right to claim or refund, without prejudice to the right of withdrawal.
The prices indicated on the Website are shown in Euros and include VAT, but do not include delivery and transportation costs. These are shown in the purchase process once the shipping method has been chosen and the delivery address data has been completed, and are confirmed when making the order, thus allowing the Customer to know the total cost of the transaction.
The Entrepreneur reserves the right to modify its prices at any time, but the products shall be invoiced based on the rates in force at the time the order is registered and completed with the price indicated by the Customer, subject to reservation availability on that date.
In the case of a product on offer, the offer price and its validity will always be indicated along with its essential characteristics.
5. ORDER PROCEDURE AND METHOD
The Customer must place orders and formalise purchases through the website www.enaut.co , accessible 24 hours a day, 7 days a week.
The data communicated by the customer during the formalisation of the order, and especially the validation or acceptance of the order, constitute the proof of the contract of sale between the Entrepreneur and the Customer.
The purchase process is defined in the steps of product identification, selection, confirmation and validation of the order with indication of the total price, in the form that is contained in the Website.
After the validation of the order by the Customer and after the purchase process is completed, the Customer will receive a confirmation by email to notify him or her that the order has been correctly registered. It is essential that during the purchase process the Customer indicate a valid email. If in 24 hours from order finalization, the Customer does not receive confirmation, he or she must contact the Company at the e-mail address email@example.com.
The Customer will receive the order at the address provided in the order process, within 15 days from the moment of confirmation of payment in the Entrepreneur’s account or the receipt of the corresponding amount, by any of the means of payment regulated in the present Terms of Sale.
The Customer, upon receiving the product at the delivery address provided, shall receive an invoice for the order.
The Entrepreneur reserves the right not to make a delivery or not to accept an order if the Customer has not partially or totally paid a previous order, there has been some case of return on the credit or debit card on which the order amount has been charged, until the receipt of the order in the account of the Entrepreneur is received, under authorisation of the competent payment centres in the case of card payment for orders, or because there is some form of payment dispute between the parties.
6. PROPERTY RESERVATION AND DELIVERY RISK
The Entrepreneur retains ownership of the goods or products sold until such time as the actual payment of the total amount of the price is made and the same is received by the Entrepreneur in its account, by means of the bank transfer method within the period regulated by these Conditions, or by the authorising payment centres in the case of card payment of orders.
From the delivery of the goods or products, the risks of loss and deterioration of the acquired goods, as well as the damages that these may cause, shall be transferred to the Customer.
Orders placed by the Customer will be accepted by the Entrepreneur according to its available stocks and those of their manufacturers and suppliers. This will be notified on the Website at all times and at the time of formalising the order validation.
In the event that a product is not available after confirming the order, the Entrepreneur shall inform the customer by email or by telephone of the partial delivery of the order or cancellation thereof, within a maximum of 5 working days from order confirmation. In such case, the Entrepreneur shall offer the Customer the choice between the possibility of supplying a similar product at no further cost, or reimbursing the amounts already paid in the form of a voucher, or by bank transfer, cheque or credit reimbursement on the card provided by the Customer in the purchase process, at the Customer’s discretion.
8. PAYMENT METHODS
Orders can be paid by means of a credit or debit card, both VISA and MASTERCARD, against which the respective amounts will be charged.
All transactions involving the transmission of personal or banking data are made using a secure environment, a server based on the standard SSL security technology, for which all the information is transmitted encrypted through the network.
The data on the Customer’s card is entered directly on the website of the corresponding bank, in the POS (Point of Sale Terminal of the Bank) and is not entered or registered in any Entrepreneur server. When paying with VISA or MASTERCARD, the following information shall always be requested: the card number, expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of the card, thereby offering further guarantees for the security of the transaction.
The Customer’s order will not be validated until the payment is received in the Company’s account with the authorisation of the competent payment centres or by means of the respective bank transfer in due time. If the payment is not authorised or the transfer is not made in time, the Customer’s order will not be accepted and will be cancelled.
In case of non-payment or reimbursement of the amounts owed for any financial or banking reason, the Entrepreneur shall require a basic amicable indemnity of 15 euros in addition to the invoice amount, increased by the expenses of execution of the debit operation billed by the banking institution of the Entrepreneur.
In the event that the friendly charge is unsuccessful within a period of 10 days from the date of sending the first request message for collection, the message will be sent by registered letter with acknowledgment of receipt, and in the case of non-payment of the amount claimed, proceedings will be initiated to claim the amounts due, interest and damages caused, including all levels of the legal proceedings.
9. DELIVERY METHODS
The purchased products shall be delivered by means of a transport firm hired by the Entrepreneur, through the following methods and within the indicated periods, which shall be initiated in any case from the moment of payment confirmation or receipt of the amount corresponding to the orders, without prejudice to the specifications indicated below:
Delivery, in the Spanish State and in Peninsular Portugal, with the exception of Ceuta and Melilla:
Delivery in other countries:
The carrier shall always proceed to the delivery of the goods at the address provided by the Customer to the Entrepreneur. In the event that the Customer is not at the address provided at the time of the carrier’s appearance and the delivery cannot be made, the latter shall submit the respective report that will be provided to the customer with a telephone number of the carrier who should be contacted in order to arrange delivery. The unsuccessful delivery due to the absence of the Customer at the address provided, shall not be the responsibility, under any circumstances, of the Entrepreneur, and in the event that delivery cannot be made on the scheduled day due to difficulties with access or point of entry not indicated by the Customer or his or her absence on the day of delivery, the Company may re-invoice the delivery costs. Where the delivery address is incorrect or incomplete, or unsuccessful delivery has been attempted on more than two occasions, after a period of 5 days the shipment will be returned to its point of origin and charged to the Customer.
The Customer undertakes to verify the compliance of the order at the time of delivery by the carrier and the perfect condition of the goods at the time of receipt. In case of a complaint regarding possible defects or signs of damage of the products (breakdown, missing product with respect to the delivery order, damaged packaging, broken products, etc.), the Customer must indicate his or her observations regarding the delivery order and send them by registered post with acknowledgment of receipt within two days after delivery to the address of the Entrepreneur.
Except in the case of hidden defects and guarantees, no claim or reservation shall be accepted after receipt of the products by the Customer if he or she has not followed the procedure detailed above.
10. WITHDRAWAL OF CONTRACT
The Customer shall have a maximum period of fourteen (14) calendar days from the delivery of the Product, to communicate total or partial withdrawal of the purchase of the Product to the Company, in accordance with the applicable legislation. Once the term of fourteen (14) calendar days has expired, the Entrepreneur will not accept refunds for withdrawal of product purchases. Within this period, the Customer must have proceeded to return the order from which he or she has withdrawn, by sending it to firstname.lastname@example.org, under the conditions indicated below.
The Customer will not have the right to withdraw in the cases established in the regulations that are applicable, especially in the cases regulated in the Consumer and Users Law, or regulations that substitute, modify or develop it.
The Customer must notify the withdrawal by completing the corresponding withdrawal form that can be found at the end of this document. He or she will receive an email confirming receipt of the withdrawal notification within a maximum period of 48 hours (computed for business days), with the respective Return Delivery Document attached.
A return made within the deadline will not be penalized. However, the Customer must assume the shipping costs for the return.
In the aforementioned term of fourteen (14) calendar days from the delivery of the Product, the Customer must send the merchandise, properly packed and in perfect condition, accompanied by its invoice and the Return Delivery Document duly signed, to the Entrepreneur’s address, by means that allow the specific date of shipment to be recorded.
In the case of the return of merchandise due to withdrawal from the contract, the Customer shall bear the costs and risks of transport for the return. Only products that are new and complete shall be accepted for the purpose of the return. The amount of any product that has been damaged by the Customer, throughout the transportation, or whose original packaging is damaged in a way that goes beyond its simple opening, shall not be refunded.
Once the goods have been returned on time and after verification by the Entrepreneur that they are in perfect condition, the amount paid by the Customer and the ordinary expenses of the shipment of the original order (the difference of the express shipping costs is not included, nor the expenses of the return shipment, which will be borne by the Customer), shall be refunded in the same way that the customer paid for the price of the goods, within a maximum period of fourteen (14) calendar days from the receipt of the notice of withdrawal, provided that the Products have been received within the deadline and in the return conditions indicated above, thereby leaving the contract terminated.
In case the merchandise is not in perfect condition, the Entrepreneur shall inform the Customer by registered mail with acknowledgment of receipt or by email, denying the right to return and shall redeliver the merchandise to him or her. The client shall then bear the costs of transport.
The Entrepreneur advises the Customer to take out specific insurance with the carrier returning the merchandise for the commercial value of the products. This insurance is necessary so that the customer can protect him- or herself against any case of damage, spoliation or loss of the products by the carrier. Insurance shall also be borne by the Customer.
11. RETURN OF DEFECTIVE PRODUCTS
The Customer shall be entitled to reimbursement of the price, shipping costs and return shipping costs, defective Products or Products delivered if they do not match the order placed by the Customer, in accordance with applicable legislation.
In these cases, the return to the Company of the Products may be undertaken through the means established in the section on Withdrawal from the Contract.
In the case of return of defective Products, or which do not match the order placed by the Customer, the Entrepreneurs will be responsible for transport costs of the return of the Products.
12. HIDDEN DEFECTS
The Entrepreneur is liable for any damage or hidden defect that may be found in articles, in accordance with civil and commercial regulations, and in the respective period of time from their appearance. The appearance of such damage must be notified by the Customer to the Entrepreneur, by registered mail with acknowledgment of receipt, and the defective merchandise then sent to the Entrepreneur’s address, in order for the Entrepreneur to analyse and confirm the existence of the hidden defect or fault.
The hidden defect or fault must not be due to:
The Entrepreneur shall be responsible for the transportation costs of the return of the Products provided that the hidden defects indicated are accredited and verified by the Company.
The Products and the contractual relationship formaised through the website www.enaut.co have the legal guarantee established in Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users.
The guarantee does not include deficiencies caused by negligence, knocks, atmospheric elements or any external type, improper use or handling, installation and / or use not in accordance with the instructions for use or not made by the authorised technical service when appropriate, or materials or perishable products, subject to wear and tear due to their normal use or because they are consumable. Products modified or repaired by the Customer or any other person not authorised by the technical assistance service are excluded from the guarantee.
The Customer shall not be able to exercise the guarantee:
The Customer may exercise the guarantee of a Product according to the regulations in force. The Customer may contact the Entrepreneur to receive help on the steps to follow and the information necessary for the presentation of the relevant claims.
In the event that a product is non-compliant, the Entrepreneur cannot guarantee its return. However, if the requirements indicated by the current consumer law are met, the Entrepreneur shall return to the Customer a part or the entire price of the non-compliant Product, as applicable.
14. GENERAL LIABILITY SCHEME
The Customer is responsible for verifying that the information provided to the Entrepreneur during the process of formalising the order and purchase are accurate and complete, especially the delivery address and the credit or debit card details. The customer is responsible for all the data provided through the aforementioned process.
The necessary expenses arising from errors committed by the Customer, especially errors regarding location and shipping address, will be charged to the Customer.
Liability incurred by the Entrepreneur, with respect to contracts and relationships with Customers, cannot exceed an amount equal to the amounts paid or payable during the transaction at the beginning of such liability, regardless of the cause or action in question.
All those events or circumstances that are unavoidable, unpredictable or independent of the will of the parties, especially in the event of total or partial strike of carriers, and natural catastrophes, such as floods and fires, are considered fortuitous cases or causes of force majeure that exempt responsibility.
The Customer chooses and acquires the products under his or her own and sole responsibility. Therefore, the total or partial impossibility of using products because of the incompatibility of material cannot give rise to any compensation, return or demand of liability by the Entrepreneur, except in the case of a demonstrated hidden defect, non-conformity, imperfection or the exercise of the right of withdrawal.
15. ETHICAL AND RECIPROCITY STATUTES
The Entrepreneur hereby guarantees to its Clients that the products offered for sale on the site do not violate Spanish legislation in force on the day the order is placed. In addition, the Entrepreneur guarantees that the content of the site does not contain inappropriate material.
16. APPLICABLE LAW AND JURISDICTION
These Conditions of Sale and the relations between the Entrepreneur and the Customer shall be executed and interpreted in accordance with Spanish law.
In the event of a dispute between the parties in relation to any of the terms and contents of the formalised contractual relationship, and if an initial attempt at an amicable agreement is unsuccessful, the dispute shall be referred to the arbitration of the Barcelona Chamber of Commerce and Industry.
17. DIVISIBILITY OF CLAUSES
The fact that any clause of the general conditions of sale is declared null, not binding, expired, illegal or unenforceable due to a law, regulation or after a final judgment of a competent jurisdiction, cannot call into question the validity, the legality and applicability of the other stipulations of these general conditions of sale, and will not exempt the customer from compliance with his or her contractual obligations.
(complete this form only if you wish to withdraw from the contract)
- Attn of EÑAUT, with email address email@example.com
- I hereby communicate / we hereby communicate (*) that I desist from my / we desist from our (*) contract of sale of the following good / benefit of the following service (*)
- Order the / received the (*)
- Name of the consumer and user or consumers and users
- Address of the consumer and user or consumers and users
- Signature of the consumer and user or consumers and users (only if this form is presented on paper)
(*) Delete as appropriate