General terms of business

 

 

Before you get started

 

These General Terms of Business and, where appropriate, the relevant Special Terms, shall expressly govern the relationship between EUROPA 2012, S.L., with Tax ID number B83176511 and registered office at C/ Impresores 14, de Pol. Industrial Prado del Espino - Boadilla del Monte (Madrid), (hereinafter Europa 2012) and third parties (hereinafter “Users” or “Customers”) who purchase products for sale on the website www.elganso.com.

 

The General Terms have been prepared in accordance with Law 34/2002 on E-commerce and Information Society Services, Law 7/1998 on General Terms of Business and other relevant legal regulations.


By using the website and/or buying any of its products, the User accepts, without reservations of any kind, each and every one of the General Terms of Business, the website’s General Terms of Use and the Special Terms, if applicable, that govern the purchase. By viewing this website or using it to place an order, you agree to these terms and our Privacy Policy, so if you do not agree with all the terms or the Privacy Policy, you should not place an order.

 

EUROPA 2012 informs its users that the process for purchasing articles is that described in the General Terms of Business and instructions indicated on-screen whilst a user is browsing. The User therefore understands and accepts such processes as a necessary step to access the products and services offered on the website.

 

Any changes and/or corrections to the information provided by Users whilst they browse should be made in accordance with the instructions given on the site.

The User may access, print, download and save the General Terms of Business at any time. These terms can be accessed permanently on the website by clicking on the General Terms link on www.elganso.com.

 

Products for sale - purchasing system

 

The terms listed below make up the “General Terms of Business” and their aim is to regulate the products purchased by users on www.elganso.com and sold by EUROPA 2012 in their on-line shop. The User shall consult, register and accept these terms before making on-line purchases and understands that access to the shop and the purchase of any of the products on sale implies that they have accepted the General Terms of Business. Users who wish to purchase products for sale on www.elganso.com must be registered. They should be over eighteen (18) years of age and should follow the instructions included in these General Terms of Business and any others that appear on-screen: (a) Complete the on-line form that appears on the screen depending on the user’s purpose and follow the instructions contained therein; (b) Click on the Confirm Purchase icon/button; (c) Registration confirmation sent to the User’s email address.

 

EUROPA 2012 reserves the right to stop selling any of the products sold on the website at any time and without prior notice.

 

The information that appears on the website is current as of the latest update. EUROPA 2012 reserves the right to make decisions at any time about the products displayed and on sale to Users on the website, meaning that the site content and elements may be updated, changed or deleted without prior notice if the company believes it to be necessary. As a result, EUROPA 2012 may add new products to those already on the website at any time and such products shall be covered by the General Terms in force at the time, except where otherwise stated.

The username and password given by the User to EUROPA 2012, which identify each user and enable him/her to access the products and services on the website, are personal and cannot be transferred.

EUROPA 2012 reserves the right to cancel the username and password and therefore access to the website of those users who do not comply with the Terms of Use or the General Terms of Business in force in each case.

To make a purchase, the user shall send their order on-line using “My bag”.

 

The information that appears in the catalogues and price lists is intended as guidance only.  EUROPA 2012 may change this information without prior notice and at any time depending on market conditions, although EUROPA 2012 guarantees that the prices applied are always those that appear on the website when confirming an order. Price changes will not affect orders that have already been placed.

 

Special offers, promotions and discounts shall be valid until the date stated or stocks promotions.

 

EUROPA 2012 uses this website to sell a range of products marketed under the EL GANSO brand, guaranteeing that they meet the same quality and guarantee requirements as the products sold in EL GANSO shops.

 

The following information is included with all articles sold on the website:

  • Article name
  • Picture of article
  • Description of article
  • Sizes
  • Materials used
  • Price

Users are warned that the colour of garments viewed on-screen may differ as a result of the PC screen and that no guarantee can be made that the colours seen are the exact same colours as the garments themselves.

Notwithstanding the foregoing, EUROPA 2012 makes every effort to ensure that the colours viewed on-line are as close as possible to the colours of the actual garments.

 

Purchasing procedure

To purchase the articles you want, you should select them and add them toMy bag” by clicking on the relevant icon.

“My bag” contains the reference number of the item chosen, the price and the relevant taxes.

To place an order, you need to be registered. You will be asked to provide some personal information which will be added to our database to process the order and make it possible for you to place future orders on www.elganso.com. Users can access their personal information and details about all their orders. It is important that you provide accurate information to avoid misunderstandings or mistakes when delivering the articles you have purchased. If requested, you can also receive information or newsletters about the site by post and/or email.

Once an order has been placed and all details provided, and before the products are sent out, you will see a summary that lists each product purchased, the total cost (transport costs and taxes included) and the delivery details. You should confirm the order by clicking on the “Confirm order” button.

Once the operation has been confirmed, an order number will be displayed on the site which you can use to monitor your order at all times.

You will also be sent an email with a description of the order and the personal details that you have provided. If you do not receive this email, please contact EUROPA 2012 by email (info@elganso.com) or by telephone 900 802 298 (Spain)34 91 8144812  (International) +34 608786998 Whatsapp.

 

Delivery process, costs & period

 

EUROPA 2012 uses nationally and internationally known courier services to send out their orders to customers. The home delivery date depends on the product purchased and the delivery zone. Orders delivered within the Spanish mainland take two to four days and deliveries to the rest of Spain take three to seven days.  Home deliveries to addresses outside Spain will take one to two weeks. Delivery deadlines stated are for guidance only.

 

Delivery costs will appear on the website before you confirm your order.

 

A delivery is completed when the product is handed over to the Customer by the courier service and the recipient signs to confirm receipt of the delivery. The recipient should check the products upon receipt and report any complaints or comments that could be justified.

 

 

Buyers’ rights & returns policy

 

Exchanges & refunds

 

If The Customer is not satisfied with the products purchased once in receipt of them, he/she has the right to exchange (size, colour or for another article of the same value) or return the product within a period of thirty (30) days from when he/she receives the products upon prior communication with EUROPA 2012 within this period of time. The Customer shall be refunded the price paid for the original product.

 

The Customer may exchange or return the article purchased provided that the product has not been opened or used and the original seals or packaging have been kept. Refunds shall only be allowed if the product is in perfect condition with its original packaging and has not been used. If a client wishes to return a product, they should fill in the returns form on this website and follow the instructions. In cases such as these, the Customer must pay the direct return transportation costs.

 

If the product purchased on this site was collected from an EL GANSO shop, the Customer may exchange the item or get a refund at the shop itself. The whole order should be returned, including all accessories and the product’s original packaging. The product must be in perfect condition with its original packaging.

 

If a customer outside Spain wishes to return a product, THE ADMINISTRATOR shall pay for the delivery cost of the articles to be exchanged or returned (the customer may choose the means of transport).  If the customer wishes to exchange or return an article that has already been exchanged, the return costs and any return costs incurred in subsequent exchanges shall be paid for by the customer. EUROPA 2012 will not accept returns paid for on delivery in these cases.

 

If a customer wishes to return an article purchased, they should fill in the returns form provided for this purpose on the website.

 

Returns due to defects caused during transportation or a delivery error

 

If it is clear to see upon delivery that a product has been damaged during transportation without having to touch the delivery or product packaging, or it is obvious that the wrong product has been delivered, the Customer should record the incident on the delivery note and inform EUROPA 2012 using the returns form provided for this purpose on the website, by email to info@elganso.com or by calling the customer services number on 916 326 464. We shall let the customer know how to proceed within the 24 hours following receipt of the product in order to return the damaged article or articles, exchange it/them for another item or get a refund. In the above cases, EUROPA 2012 shall pay for the return transportation costs.

 

Defects that occur during transportation and which can only be seen once the product has been unwrapped should be reported within 24 hours of receiving the order as described above. The information provided should include the order number, a description of the damage to the product and a request for either an exchange or a refund. EUROPA 2012 shall look at the product and will decide whether the customer is entitled to an exchange. Refunds shall not be given on products that are not in the same condition as when received or which have been opened and also used. The refund or exchange shall be made as soon as possible and always within the 30 days following the date on which we sent an email confirming that the damaged product would be refunded or exchanged.  

 

In such cases, EUROPA 2012 shall refund the purchase within a maximum period of 30 days from when the request for a refund was received from the User. The refund shall be made using the same payment method as was originally used, or via bank transfer to the account stated by the User.

 

Returns due to manufacturing defects

 

If there is a manufacturing defect, the article purchased may be returned provided that it has not been used and the original packaging has been kept. Refunds shall only be allowed if the product is still in its original packaging and has not been used.

 

The whole order should be returned, including all accessories and the product’s original packaging. Once the product has been received, EUROPA 2012 shall look at it and will decide whether the customer is entitled to an exchange. Refunds shall not be given on products that are not in the same condition as when received or which have been opened and also used. The refund or exchange shall be made as soon as possible and always within the 30 days following the date on which we sent an email confirming that the faulty product would be refunded or exchanged.  

 

If it is obvious upon delivery that a mistake has been made with the goods delivered without having to open the packaging, the Customer should record this error on the delivery note and inform EUROPA 2012 using the form provided for this purpose on the website, by email to info@elganso.com or by telephone 900 802 298 (Spain)34 91 8144812  (International) +34 608786998 Whatsapp. We shall tell the customer what action to take within the 24 hours following receipt of the goods in order to return the product or products in question and receive an exchange. 

 

Manufacturing defects which can only be seen once the product has been unwrapped should be reported within 24 hours of receiving the order as described above. The information provided should include the order number, a description of the damage to the product and a request for either an exchange or refund.

 

If the returned product has sold out, the Customer can choose to exchange it for another product of a similar quality and price or they may request a refund. 

 

In such cases, EUROPA 2012 shall refund the purchase, including delivery costs, within a maximum period of 30 days from when the request for a refund was received from the User. The refund shall be made using the same payment method as was originally used, or via bank transfer to the account stated by the User.

Communication

All comments or queries relating to returned articles from our shop should be made to EUROPA 2012 on  the customer services number 900 802 298 (Spain)34 91 8144812  (International) +34 608786998 Whatsapp, using the form provided for this purpose on the website or by email to info@elganso.com.

Any information sent by EUROPA 2012 to Users shall be communicated using the details provided during the registration process. Applicable legislation requires that part of the information sent by us is in written format. For this purpose, you expressly accept the use of email as a valid means of communication for all issues relating to the use of the website and understand that for contractual purposes, any information sent by EUROPA 2012 meets the legal requirements as it is in written format. The above does not affect the user’s statutory rights.

Payment terms

 

The products purchased on this website shall be paid for by the User on-line using a credit card or the PayPal system. The User must pay the full amount of the products purchased and an order shall be deemed valid once payment confirmation has been received from the relevant bank.  

 

If a credit or debit card is used, once the details provided have been checked, the charge shall be made on-line in real time using the relevant bank’s payment gateway. Credit cards are subject to the relevant checks and authorisations by the issuing bank, meaning that if such bank does not authorise payment, EUROPA 2012 is not responsible for a delayed or unsuccessful delivery.

 

Circumstances beyond our control

 

If either of the parties is unable to fulfil its duties as a result of circumstances beyond their control, neither party shall be held responsible. Compliance with such responsibility shall be delayed until the circumstances beyond our control have been resolved, meaning that if such circumstances were to continue, either party may ask for the agreement to be terminated without incurring any kind of penalty.

 

Applicable taxes

 

The product prices displayed on the website include VAT and all other applicable taxes. The prices shown are always current, except if there is a misprint. Offers shall be duly highlighted on-screen.

 

All purchases delivered within European Union member countries are subject to VAT.

 

Purchases delivered to non-European Union member countries, the Canary Islands, or Ceuta and Melilla are exempt from VAT.

 

The user’s duties

 

The User agrees to accept all the provisions and terms included in these General Terms of Business and to keep their website username and password confidential at all times.

 

Likewise, the User agrees to provide accurate information at all times when registering and placing an order and to always keep this information updated.

 

The User agrees to help with the delivery by providing an address to which the order may be delivered. EUROPA 2012 is not responsible in any way if a User’s order is delayed or cannot be delivered due to the User not having provided a delivery address.

 

Privacy & data protection policy

 

The User must read and accept this website’s Data Protection Policy.

 

Applicable legislation & relevant jurisdiction

 

Purchases made using the www.elganso.com website are subject to Spanish legislation.

 

In the event of conflict or discrepancy when interpreting or applying these terms of business, the courts and tribunals dealing with such matters shall be those established by the applicable legislation within the relevant jurisdiction, such jurisdiction being, in relation to consumers, the location where the obligation is to be met or the purchasing party’s domicile. 

 

If the buyer lives outside Spain, both parties expressly waive their right to any other jurisdiction and submit to the Courts and Tribunals in Madrid (Spain).