General Terms and Conditions

 

Information prior to Contracting

 

The sale of products via the website www.elganso.com. is carried out by ACTURUS CAPITAL, S.L., a Spanish company with registered office at C/ Impresores 14, de Pol. Industrial Prado del Espino - Boadilla del Monte (Madrid), registered in the Mercantile Registry of Madrid, Volume 17,372, page 197, Section 8, sheet M-298050, entry 1 and tax identification number B-83233346 with email address atencioncliente@elganso.com and telephone 900 897 722 (Spain) 34 91 060 95 93 (International), +33 805 321 040 (France) and fax number 917568666.

 

These General Terms and Conditions together, where appropriate, with the Specific Terms and Conditions that may be established, expressly govern the relations arising between Arcturus Capital, SL (Administrator) and the third parties ("Customers") who purchase the products offered via the website www.elganso.com .

These General Terms and Conditions have been drafted in accordance with Spanish Law 34/2002, on Information Society Services and E-commerce, Spanish Law 7/1998, on General Terms and Conditions, and any other legal provisions that may apply.

By using the website and/or acquiring any products from it, Customers accept, without any reservations whatsoever, all of the General Terms and Conditions, the General Terms and Conditions for Using the Website, and any Specific Terms and Conditions that may govern such acquisition. By using this website or making orders using same, you agree to be bound by these Terms and Conditions and by our Privacy Policy. Therefore, if you do not agree with all of the Conditions and the Privacy Policy, you should refrain from submitting any orders. 

The Administrator hereby declares that the procedures for acquiring its items are those described in these General Terms and Conditions and any specific terms and conditions that may be indicated on the screen during navigation, such that Customers declare that they are aware of and accept the procedures as being necessary for accessing the products and services offered on the Website.

 

Any changes and/or corrections to the data Customers provide whilst navigating the website must be made in accordance with the directions given on the website.
Customers may access, print, download and save the General Terms and Conditions at any time. These Terms and Conditions will be permanently accessible on the website at the General Terms and Conditions link of www.elganso.com.

 

Products offered. Purchasing System.

 

The following clauses comprise the "General Terms and Conditions", the standard object of which is to regulate how Customers acquire the products THE ADMINISTRATOR offers in its online store. Customers should read, save and accept these Terms and Conditions before making online purchases, with the understanding that by accessing the online store and purchasing any of the products offered therein, they accept these General Terms and Conditions. More specifically, in order to acquire the products offered on the www.elganso.com website, Customers who proceed to register with the site must be over age eighteen (18) and must satisfy the instructions specified in these General Terms and Conditions, which require them to comply with the following instructions and any other instructions included in the various screens of the website: (a) Fully completing the electronic forms that appear at any time depending on their purpose, following the instructions indicated therein; (b) Pressing the "Confirm order" icon/button; (c) Receiving the acceptance of their registration in the Customer's respective email account.

The Administrator, in turn, reserves the right not to facilitate purchases of the products offered on the Website at any time and to do so without prior notice.

The information appearing on this Website is the information that is in force at the time it was last updated. THE ADMINISTRATOR reserves the right to decide at any time which products will be included on the website and offered to Customers, such that the content and items on the site may be updated, modified or deleted when THE ADMINISTRATOR deems appropriate, with no need for prior notice. Therefore, THE ADMINISTRATOR may add new products to the website at any time, with the understanding that unless specified otherwise, the products will be governed by the General Terms and Conditions in force at the time in question.

 

The Usernames and Passwords Customers submit to the Administrator are identifying elements that grant Customers access to the website's products and services, and they are personal and non-transferable.

 

The Administrator reserves the right to cancel the Usernames and Passwords (and thereby bar access to the website) to any Customers who do not abide by the Conditions for Using the Website or the General Terms and Conditions applicable in each case.
To make purchases, Customers must send their orders via internet using the "My Cart" function. 

The information specified in the catalogues and price lists are only indicative. THE ADMINISTRATOR may amend them at any time without prior notice depending on the circumstances of the market, although THE ADMINISTRATOR guarantees that the prices that will be applied at all times will be the prices that are valid on the website when the order is made. If prices are modified, any orders that are already in process will not be affected. 

Special offers, promotions or discounts will be valid until the indicated date or amount of stock specified for each promotion.

The Administrator offers a variety of products on the website that it sells under the EL GANSO brand, such that it guarantees that the products satisfy quality and warranty requirements that are identical to those purchased in EL GANSO stores. 

Each item offered on this website will be accompanied by the following information:

• The name of the item

• An image of the item

• A description of the item

• Sizes

• Composition

• Price

 

With regard to the colours of the items shown on screen, Customers are advised that these colours may vary depending on their computer screen, and there can therefore be no guarantee that the colours will faithfully match the product's actual colour. 

The above notwithstanding, THE ADMINISTRATOR does make every effort to display the colours of its products as accurately as possible.

 

Purchasing procedure.

 

You can purchase items by selecting them and adding them to "My Cart" by clicking on the corresponding icon.

 

"My Cart" will contain the item's reference number and its price, indicating any taxes that may apply. 

 

You can place orders in two different ways:

• By registering: to do this, you will be asked to provide their necessary personal information. These data will be added to our database so that we can process your orders and to make it easier for you to make further purchases at www.elganso.com. You will also be able to access your personal data and the information of all of your orders.

• Not registering: for which we will request you to provide the personal information necessary for processing the order.

 

It is important to enter this information as accurately as possible to avoid any confusion or incidents in the delivery of purchased items. Customers who request to do so may be sent information or newsletters on this website via post or email.
Once an order has been formalised by filling out its relevant information, a summary will appear before it is sent that will identify the item being purchased, its total price (including shipping and taxes) and its delivery information. Orders need to be confirmed by clicking on the "Confirm Order" button.

 

Once the transaction has been confirmed, the website will indicate the order number so that it can be tracked at all times.

An email message will also be sent out that describes the order and indicates the personal data that were entered. If you don’t receive this message, it is advisable to contract the ADMINISTRATOR by email at the address atencioncliente@elganso.com or by phone on 900 897 722 (Spain), +34 91 060 95 93  (International), +33 805 321 040 (France) or via WhatsApp message +34 628 404 337.

 

Product availability

 

All orders for goods are subject to product availability. If difficulties in the supply occurs or if there were no goods in stock the Customer will be immediately informed by offering alternatives and, if the Customer is not interested in them, we will refund any amount paid without undue delay. The refund will be carried out by the same means of payment used by the Customer to pay the order.

 

 

Delivery Method, Cost and Time

 

THE ADMINISTRATOR sends orders to its Customers via various nationally- and internationally-recognised express-delivery companies. The delivery date to the Customer's residence depends on the availability of the selected product and the region, with the delivery time for orders with delivery within the Spanish peninsula being 2 to 4 business days, and 3 to 7 business days for the rest of Spain. For orders with a delivery address abroad, the delivery time will be one to two weeks. The specified delivery times are merely estimates.

During discount seasons, Spanish mainland delivery times may take 7 business days.

The delivery costs are displayed on the website when placing the order and before confirmation.

The delivery is considered complete when the product is given to the Customer by the courier and the recipient signs for the item to confirm receipt. It is up to the recipient to verify the items upon receipt and express any errors or complaints that can be justified.

 

If upon delivery, it can clearly and visibly be seen, without handling the shipping or product packaging, that a product has suffered damage during shipping, or similarly, that the product received is incorrect, the Customer must indicate this in the waybill, and inform the ADMINISTRATOR by email to the address atencioncliente@elganso.com or by phone on 900 897 722 (Spain), +34 91 060 95 93  (International), +33 805 321 040 (France) or Whatsapp message +34 628 404 337, within 24 hours from receiving the order in order to process the return of the affected product or products and their replacement with new products or the refund of the price paid for the products.

Faults caused during transport that are only detectable after removing the product from its packaging must be communicated during the first 24 hours after the receipt of the order as indicated above, stating the order number, the damage caused to the product, and requesting the return of the product affected and, with it, its replacement for a new product or a refund of the price paid therefor. THE ADMINISTRATOR will inspect it and inform the customer as to whether they are entitled to a replacement. Returns of products that are not in the same condition as that in which they were received, or that have been used beyond the mere opening of the product, will not be permitted. The item will be refunded or replaced as soon as possible and, in any case, within 30 days as of the date on which we send an email confirming that the refund or replacement of the non-compliant product has been admitted.

 
The refund will be made via the same payment method that was used to make the purchase, or by bank transfer made into the account indicated by the Customer if the order was made cash on delivery.

 

Purchaser Rights - Changes and Returns Policy

 

Exchanges

(Within 30 days from receipt of the order)

The easiest way to exchange an item is at an El Ganso store, excluding our concessions in department stores (El Corte Inglés and Galeries Lafayette) and El Ganso Outlet, along with the order confirmation. At the store you can change your item for another size, for another item or request a voucher for the amount (without expiry date).

You can also do so through our online store requesting the change by email (replying to the receipt that we sent you by email or to atencioncliente@elganso.com indicating your order number). Online you can only exchange it for another size, and always provided there the requested item is available. We will send a courier with your replacement item, who will collect the unwanted item. The first exchange is free of charge. The item must retain all tags and be unused.

The first change will be free, and in the following changes, the Customer will pay the shipping and customs charges.

 

For hygiene reasons, exchanges of underwear, except for faults or defects will not be accepted.

 

Refunds

(Within 30 days from receipt of the order)

In-store: You can obtain a refund in our stores, except for concessions in El Corte inglés, Galaries Lafayette and Outlets, by presenting the order confirmation email printout or in electronic format. You can request a credit note, with no expiry date, for the amount of the item or request a full refund. Within a maximum period of 7 business days, the Customer Service Department of El Ganso will contact you confirming the refund of the item(s).

Online: Send the items in their original packaging to the address below. Please remember that the cost of returns is borne by the Customer. 

 

ID LOGISTICS
C/ Camino de Alovera, 4-6
Cabanillas del Campo, CP 19171
Guadalajara, Spain.
ATT: ONLINE RETURNS

Indicate your full name and the order number inside the package.

 

Send us an email to atencioncliente@elganso.com indicating the courier used and tracking number.

The returns and exchanges policy can only be applied if the product is returned clean and undamaged, in perfect condition, with its original packaging and original tags and if the product has not been used.

 

The Customer must pay the direct return costs.

 

Both the return costs and customs charges and local taxes will be borne by the Customer. If the return costs are greater than the value of the goods to be returned, the outstanding balance will be charged via the same method as the original payment.

 

For hygiene reasons, exchanges of underwear, except for faults or defects, will not be accepted.

 

Right of withdrawal.

Within the first 14 calendar days from the receipt of the product, the Customer may exercise the right of withdrawal, with prior notice to the ADMINISTRATOR within that deadline, who will refund the customer all payments received, including, where appropriate, the costs of delivery, without undue delay and, in any case, before 14 calendar days have elapsed from the date on which the ADMINISTRATOR has been informed of the Customer’s withdrawal decision. Notwithstanding the above, the ADMINISTRATOR will not be required to reimburse the supplementary costs, if the Customer has expressly opted for a type of delivery other than the least expensive type of standard delivery. The refund will be made using the same payment method used by the Customer for the initial transaction.

 

In any event, the Customer will not incur any costs as a result of the refund. In any case, unless THE ADMINISTRATOR has offered to collect the goods itself, THE ADMINISTRATOR may withhold the reimbursement until it has received the Products back, or until the Customer has supplied proof of having sent back the goods, whichever is the earliest.

 

The exercise of this right does not require any formality, and will be considered­ validly exercised by sending your details together with the product for which withdrawal has been requested.

 

The Customer will be liable for any diminished value of the Products resulting from handling other than that necessary to establish the nature or characteristics of the Products. THE ADMINISTRATOR will not make any refunds if the product has been used beyond the mere opening of the packaging, for products that are not in the same condition as they were delivered or that have suffered any damage or are not returned in perfect condition with their original packaging and unused, meaning that Customers must be careful with the products in their possession.

 

The Customer must return the product to be withdrawn using or including all its packaging and original labels, accompanying documents if applicable, as well as a copy of the purchase invoice of the product to be returned.

The customer will bear the direct cost of the shipping the products and send them to EL GANSO, C/ Impresores 14, Boadilla del Monte, 28660-Madrid, Spain. ATT: ONLINE RETURNS, without any undue delay and, in any event, no later than within 14 calendar days of the date on which they communicate their decision to withdraw from the agreement. The deadline will be considered complied with if customer sends Products before the deadline of 14 calendar days has expired.

Once THE ADMINISTRATOR has received the Products subject to the right of withdrawal and to check that the above terms have been met, the amount of the purchase will be reimbursed in the previously indicated deadline. In case of unjustified delay with respect to the return of the sums paid, the client may submit a claim for payment of double the amount owed.

 

The right of Withdrawal may be exercised over one, several or all of the items acquired.

To facilitate the exercise of this right, THE ADMINISTRATOR provides a withdrawal form that the Customer can download by clicking on the following link: WITHDRAWAL FORM.

 

 

Returns for manufacturing faults or defects

If any of the Products are defective or present a manufacturing fault, the Customer will contact the ADMINISTRATOR as soon as possible by email to atencioncliente@elganso.com. Once the product has been received, THE ADMINISTRATOR will examine it and communicate to the customer whether they are entitled to a replacement. The return or replacement of the product will be carried out as soon as possible and, in any case, within 30 calendar days following the communication Customer that the return or replacement of the defective product is approved, in which case THE ADMINISTRATOR will assume the costs of the shipping of the return and delivery of the Product being replaced. If the Product cannot be replaced by another identical one, the amount paid will be refunded entirely refunded to the Customer. Refunds will be made using the same system used for the payment.

 

Warranties

In accordance with Spanish Royal Legislative Decree 1/2007 of 16 November, THE ADMINISTRATOR offers warranties over the products that are sold via the website www.elganso.com, in the terms legally established for each type of product, therefore answering for any nonconformity that may arise in the products for a period of two years from their delivery to the Customer.

 

Unless demonstrated otherwise, the products will be considered to comply with the agreement provided that (i) they match the description given on the website www.elganso.comand have the qualities that we have presented on this website, (ii) they are fit for the usual purposes for which products of the same type are used, and (iii) they possess the

usual qualities and features of a product of the same type that the Customer can essentially expect, taking into account the nature of the product.

 

The Customer must notify the ADMINISTRATOR of any nonconformity within two months from becoming aware of it through any of the means referred to in the section on notice of these Terms and Conditions.

 

The Customer must present proof of purchase for any check, change or refund. Deficiencies caused by negligence and improper use are not included. In those incidents that justify the use of the warranty, the Customer will opt for the repair, substitution, return or refund of the item, in the legally established terms.

 

Notices, suggestions and complaints.

 

For any incident related to the return of items in our store as well as any other notice, suggestion or complaint should be addressed to AACTURUS CAPITAL, S.L. (EL GANSO) by email to atencioncliente@elganso.com or by calling 900 897 722 (Spain ) 34 91 060 95 93 (International) +33 805 321 040 (France) or WhatsApp message to +34628404337 or by letter addressed to the registered office of EL GANSO, C/ Impresores no. 14, Boadilla del Monte, 28660- Madrid ( Spain).

 

Complaints and claim to our customer care service will be responded to in the shortest possible time and, in any case, within the legally established period. They will also be registered with an identification code provided to you that will allow you to track them.

 

In the same way, users are informed that, in accordance with the current regulations, they have at their disposal COMPLAINTS FORMS at the registered office of EL GANSO, located in Boadilla del Monte, Madrid, C/ Impresores no. 14 28660.

 

Communications from THE ADMINISTRATOR to the Customer must be made based on the details provided by the Customer on registering on the website. Applicable regulations require that part of the information or communications that we send you be in writing. Therefore, you expressly accept the use of email as a valid method for the sending of all communications related to the use of the website, recognising for contractual purposes that any communication that THE ADMINISTRATOR may send you for these purposes fulfils the legal requirements of being in writing. All the foregoing, without detriment to the rights that correspond to the Customer, recognised by Law.

 

 

Terms of Payment

Customers must pay for any products they purchase on the website by credit card or by using the PayPal secure payment platform. For shipments within peninsular Spain, cash on delivery is accepted and you can also finance your purchases in up to 12 monthly instalments. Since Customers must pay in full for the products they purchase, their orders will be validated once bank confirmation of their payments has been confirmed. 

 

Credit and debit card payments will be charged on line (i.e.: in real time) in the payment platform of the corresponding financial institution, once the submitted information has been confirmed to be correct. Credit cards will be subject to the corresponding verifications and authorisations by the institution that issued them, such that if the institution in question does not authorise payment, THE ADMINISTRATOR will not be liable for any consequences caused by delays in delivery or non-deliveries.

 

Terms for cash on delivery

• Receive your order at home without sending prior payment.

• When the cash on delivery (COD) option is selected, the items are shipped from our warehouse, taking the customer's acceptance for granted.

• By selecting the COD option, you agree to accept the order and pay for it.

• Any such items must be paid for when they are received, before opening their packaging. If you have any concerns about the products you have purchased, please contact our customer service department at atencioncliente@elganso.com

• If an incident occurs in shipping your products, breakage…etc., you will not be required to make any payment. Simply reject the shipment and write "damaged merchandise" on the waybill.

• If you are not sure about your purchase or you will not have enough cash when the delivery arrives, please do not select this payment method.

• Orders that are shipped COD must be easy to deliver. In other words, someone must always be present at the address where the package will be delivered. 

• Payment may only be made in cash. Since the deliveries usually arrive within three days of the order being made, you should have the payment for your order ready.

• No commissions will be charged for processing COD orders (El Ganso assumes the costs)

• COD orders must be paid at the address where they are delivered. The shipping company will not travel to other destinations to collect payment. 

• This payment method may only be selected for deliveries within peninsular Spain.

 

Conditions for financed payments.

• Choose the Instalments option in the store when paying for the order.

• You can finance purchases of up to €1,000 over 12 months.

• You do not need to create any account to finance a purchase. You only have to choose Instalments as the payment method in the store and enter some personal information so that we can reply to you immediately.

• No documentation or paperwork. You will only be asked for a few items of personal information. Tell us the number of months you want to pay and the day you want to do so. We will show you the interest payable and confirm the credit in seconds.

 

Force Majeure

Any failures by the parties to satisfy their obligations due to force majeure will not entail liability for any of the parties. Compliance with any such obligations will be extended until the force majeure no longer exists, such that any of the parties may request to rescind the contract with no penalties if the cause persists.

Applicable Taxes

The prices of the products displayed on the website include the applicable Value Added Tax (VAT) and any other taxes that may apply, and they will be valid at all times except in the case of typographical errors. Discounts will be duly indicated on screen.

Any purchases for delivery in any European Union member state will be subject to VAT.

Purchases for delivery in countries that are not European Union member states or in the Canary Islands, Ceuta or Melilla will be exempt of VAT.

 

Customer Obligations

Customers agree to accept all of the terms in these General Terms and Conditions and to employ all diligence to maintain the confidentiality of their passwords for accessing the website.

They must also agree at all times to provide accurate information on the data that are requested in the Customer registration forms and order forms, and to keep such information updated at all times.

Customers must agree to allow for reception of the orders they submit, providing a delivery address where such orders may be delivered. The Administrator may not be held liable in any way for delays in delivery or non-deliveries of orders that are caused by failures of Customers to facilitate such delivery.

 

Applicable legislation and jurisdiction

Purchases from the www.elganso.com website are subject to Spanish law.

Any clause of the General Terms and Conditions must be interpreted so as not to breach the mandatory regulations of the applicable legislation, especially consumer law, and in any case respecting the rights of users arising under these mandatory regulations.

 

Any clause or provision of these General Terms and Conditions that is or turns out to be unlawful, invalid or unenforceable, it will be excluded from the General Terms and Conditions and considered inapplicable to the extent that it is unlawful, invalid or unenforceable, becoming replaced by another clause that resembles the previous one as much as possible, without affecting or impairing the remaining provisions, which will remain in full force and effect, unaffected by the unlawful, invalid or unenforceable clause or provision.

 

In the event that a conflict or discrepancy arises in how these contractual terms should be interpreted or applied, the courts that will have jurisdiction to hear any such matters will be those specified in the applicable legislation on competent jurisdiction, which in the case of consumers is based on the location of compliance with the obligation or the address of the purchaser.

 
For purchasers whose address is not in Spain, the parties hereby submit themselves to the courts of Madrid, Spain, expressly renouncing any other jurisdiction.

 

In accordance with Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, we put at the disposal of the customer the following link that leads to the European Union’s online dispute resolution platform: https://ec.europa.eu/consumers/odr/main/

 

TERMS AND CONDITIONS OF EL GANSO’S POINTS-BASED LOYALTY PROGRAMME

 

The purpose of this document is to establish the terms and conditions of the points-based loyalty programme (Terms) of the El Ganso brand, owned by the Spanish company Acturus Capital, S.L., with registered offices at C/ Impresores 14, Pol. Industrial Prado del Espino - Boadilla del Monte -Madrid (Spain), duly registered in the Commercial Registry of Madrid under volume 17,372, page 197, section 8, sheet M-298050, with tax identification no. B-83233346, telephone 900 897 722 (Spain), email atencioncliente@elganso.com, and fax 917568666, the main company of a commercial group made up of several companies (the “El Ganso Group”).

El Ganso’s points-based loyalty programme targets registered Customers who buy our brand’s products at our own stores, E-SHOP and/or via El Ganso Group mobile applications (“sales channels”). Because registering as a Customer implies that you expressly accept and adhere unreservedly to these Terms and Conditions, we recommend that you read them thoroughly.

Our loyalty programme is based on the accumulation of points earned through the purchase of products on any of our sales channels. Points are calculated by applying 2% (or 1% at outlet stores) of the purchase total; each point is equal to €1.00. Purchases made with points and/or vouchers will not generate points.

Points that accumulate in the Customer’s account may be redeemed for discounts of equivalent value on future purchases via our sales channels. Points cannot be redeemed for cash and are non-transferrable.

If a Customer makes a purchase in a country whose currency differs from that of the country in which he/she is registered, the Euro will be used to calculate the points obtained from that purchase and the calculated points will subsequently be converted to the currency of the country where the Customer is registered. The synchronisation and accumulation of points across different sales channels is contingent upon the Customer being registered on the sales channels with the same email address.

Points will not be applied to any purchases made previously, nor will points accumulate at a time subsequent to purchase; points cannot be redeemed for the same purchase in which they are earned.

Customers can consult their point balance by requesting as much at our stores or accessing their E-SHOP account. Points are posted the day after the purchase for in-store shopping and the day after the order is collected for E-SHOP and APP purchases. Claims about the balance of points, etc. should be addressed to Customer Service at: atencioncliente@elganso.com

For returned products, if the Customer returns all or a portion of the items purchased, the points used for that purchase will be returned in whole or in part. Similarly, points the Customer would have earned from the returned purchase will be deducted.

Acturus Capital, S.L. may cancel the points of Customers who have not made a purchase for a period of twelve (12) consecutive months.

Acturus Capital, S.L. reserves the right to modify these Terms and/or cancel its loyalty programme at any time without justification or compensation to Customers. In the event of cancellation, Customers will be notified. Acturus Capital, S.L. also reserves the right to temporarily suspend its loyalty programme for technical reasons, for updating purposes, or due to errors detected in the accumulation of points, in which case, the errors will be corrected and Customer accounts regularised without the right to compensation.

Likewise, Acturus Capital, S.L. may temporarily suspend or cancel—at its own discretion—the points and balance of any Customer who it deems has inappropriately obtained, redeemed, or fraudulently used points or breached the rules contained in these Terms, without the right to compensation (as a free programme). In these instances, Acturus Capital, S.L. may request from Customers with point irregularities any data necessary to verify the correct accumulation of points, reserving the right to cancel the accumulated points if the Customer fails to provide the requested data or prove their correct accumulation another way.

For detailed information on how we process your personal data, please consult our Privacy Policy and Cookie Policy.

The most recently updated version of these Terms is available to Customers at the E-SHOP and at our stores.

These terms are governed and interpreted in accordance with Spanish legislation. For potential disputes that may arise from this contract, the parties expressly waive any jurisdiction that may correspond to them and agree to submit to the courts and tribunals of the city of Madrid