1. SCOPE AND ACCEPTANCE OF THE SALE CONDITIONS
These Sale Conditions together with the Legal Notice of the website www.patadeelefante.es (hereinafter, the “Website”) expressly regulate the sale and purchase relationship between the entity Pata de Elefante with corporate domicile at C/ Santo Tomás, 121 CP.12560 Benicassim Castellon (Spain), with Spanish Tax Identification number 18994674D (hereinafter, “Pata de Elefante”), and the user of the Website who purchases products of the Pata de Elefante brand or other brands offered by Pata de Elefante at www.patadeelefante.es (hereinafter, the “Customer”).
The acquisition of products from Pata de Elefante (hereinafter the “Products”) through the Website implies the express acceptance without reservations of any kind, of any and all of these Sale Conditions. The acceptance by the Customer of these conditions will be fully executed by the process of clicking on the button provided for that purpose to make the purchase, which contains the words “I have read and accept the Sale Conditions”. The lack of acceptance of the Sale Conditions through this procedure precludes proceeding with the purchase.
Advertised products through the Website are offered to final consumers, over 18 years old. This purchase agreement is formalized in Spanish and is subject to Spanish common law. Any amendments to these Sale Conditions shall be notified to Customers on the Website, being prerequisite to purchase products that Customers accept them again. Notwithstanding the above, such amendments shall not apply to order pending delivery which are accepted and confirmed. Lack of exercise by Pata de Elefante of any of these Conditions of Sale shall not be construed nor shall constitute a waiver of them in the future or in the past.
2. PRODUCT INFORMATION. AVAILABILITY
Pata de Elefante delivers within all the territories of Europe. Delivery costs are detailed in section 6 below. For other countries out of Europe, please send an email to email@example.com and Pata de Elefante will confirm the delivery costs and terms. Pata de Elefante reserves the right to modify at any time the quantity and/or the type of products that may be purchased on the Website.
Pursuant to the provisions of Law 47/2002 amending the Law 7/1996 of the Retail Commerce of January 15 and Law 34/2002 of July 11, of the Services Information Society and Electronic Commerce, the Customer, before placing an order, is entitled to know the essential characteristics of the products that the Customer wishes to purchase. Pata de Elefante informs the Customer that the pictures and descriptions of the products for sale do not form part of the contractual relationship between Pata de Elefante and the Customer, are only for illustrative purpose and are not binding on Pata de Elefante which, according to the state of technology, makes every effort for the colours and/or drawings of the Products shown in the photos displayed on the Website are true to the original, being impossible to avoid certain variations in the colours and hues, due to technical limitations and depending on the monitor in which they are displayed.
All orders made by the Customer are subject the availability of the relevant Product. If the order was made up of several Products and some of these could not be delivered, the amount of undelivered Products will be refunded to the Customer through the same payment system used by the Customer.
In the event that all of the Products ordered are not available, Pata de Elefante shall inform the Customer at the email address notified by the Customer when registering on the Website and, if the Customer had paid the amount of the order, the same will be refunded in full or, if the Customer had not paid, no charge will be made. In this case the sale would be terminated pursuant to this termination clause and neither of the parties would be entitled to any compensation whatsoever for breach of contract, consequential damages or loss of profits. Pata de Elefante reserves the right to remove and/or modify any Product from the Website at any time. Pata de Elefante is not liable for errors caused by the technical malfunctioning of the Customer’s Internet service.
3. REGISTRATION. PURCHASE PROCEDURE. ORDER CONFIRMATION
Once registered, to proceed with the purchase of Products, the Customer must access the online store where he will need to add the Product he wishes to buy by selecting it and adding it to the “Shopping bag” by clicking on the corresponding button. In selecting the Product the Customer must select the size, the colour and the number of units of the Product.
The “Shopping bag” will contain the reference of the selected Products, their size and colour, the number of units and the price (including taxes). The price of the Products includes the fees for deliveries in the Iberian Peninsula but not the fees for deliveries in the Balearic and Canaries Islands and the rest of Europe.
After selecting all the items, you must click the ” Checkout” to complete the purchase process, register, choose payment and accept the Terms of Sale.
To be registered as a Customer on the Pata de Elefante website, please observe instructions on the screen:
• Fully completion of the electronic form that appears on the Website by following the instructions in it.
• Clicking the “Register” button.
• Receipt by the Customer of the registration confirmation and the “Username” and “Password” in the email account designated by the Customer which allows the Customer to access all areas that require prior identification.
The “Username” and “Password” are personal and not transferable. The data provided by the Customer will be added to the database of Pata de Elefante and shall be used to process the relevant order and any other others that may be placed by the Customer in the future and to send information about offers and services by email and/or postal mail that may be of interest, in those cases provided that the customer has expressly consented. Thus, the purpose of the use of these data will be the maintenance of the contractual relationship between the Customer and Pata de Elefante and the management, administration, supply and commercial information or advertising about products of Pata d eElefante (among others, its Pata de Elefante brand) or third party partners or affiliated companies. The Customer represents to be informed of the conditions set out in this clause.
Once the Customer has completed the entire purchasing process, he will receive an email acknowledging receipt of the order. The email does not imply that the order has been accepted by Pata de Elefante, since it only constitutes a mere purchase offer by the Customer. All orders are subject to acceptance and confirmation of the order by Pata de Elefante. Thus, the purchase contract between Pata de Elefante and the Customer shall be considered completed and duly entered at the time the order has been paid by the Customer and confirmed by Pata de Elefante by email to the email account designated by the Client, which will include a summary of the ordered Product, the details thereof, price and delivery fees, if applicable. Pata de Elefante shall only be obliged to deliver the Customer those products which are included in order confirmation. The email order confirmation will be sent once the Customer has placed an order under the purchase procedure indicated on the Website. The Customer shall immediately verify the content of such email and in case of any error or mistake, shall immediately report to Pata de Elefante by email to firstname.lastname@example.org.
All Product prices are expressed in Euro and include VAT and other applicable taxes. The maximum purchase amount will be 3,000€ per order. Products prices include delivery fees for delivery in the Iberian Peninsula but not in Balearic and Canaries Islands and the rest of Europe.
Once the Customer has selected the products he wishes to purchase and, before proceeding to the payment thereof, the Website will show a final summary identifying the purchased Product/s and the total price (taxes and delivery fees included). Pata de Elefante will procure that all information on the price of the Products is accurate, but it does not guarantee the absence of errors. In case there is an error in the price of a Product, Pata de Elefante shall send an email to the Customer stating the correct price of the Product and shall request the Customer to reconfirm the order at the correct price. In the event that the Customer fails to reconfirm the purchase of the Product, the purchase of that Product shall be considered cancelled. In the event that Pata de Elefante is unable to contact the Customer the order shall be considered cancelled. The price for the Products will be as displayed in the Website and may be modified by at Pata de Elefante any time. The price changes in the Products may not affect the amount of the orders already confirmed.
5. PAYMENT AND SECURITY
The Customer may pay for orders and delivery costs (if any) by: credit card, Paypal or bank transfer. If the payment method is credit card, it shall be carried out through a secure payment system. This payment system meets the standards for secure electronic commerce adopted by the international card brands Visa and MasterCard to ensure identity of the buyer. For the client to be able to purchase with credit card through this system, it is essential that the issuing bank of the credit card accepts payments through “Secure Shopping”. So if the Client has problems with the purchase, he must contact his bank.
If the Customer is identified and the purchase is verified, the transaction will be processed securely. Once payment is completed, the Customer shall be redirected again to the Website. For every order placed by the Customer on the Website and provided that the payment has been confirmed, Pata de Elefante shall issue an invoice with the data provided which shall indicate the products delivered the price and the delivery fees (if any). Pata de Elefante never has access to confidential information concerning the means of payment. For this reason, the Customer’s bank details will be requested for each new placed order.
6. SHIPPING AND DELIVERY
In the order form, the Customer will be requested to provide a delivery address within the normal working hours. Pata de Elefante is not liable for errors caused in the delivery when the address indicated by the Customer is incorrect or certain data needed for delivery has been omitted. No deliveries will be made to PO boxes. Failure to meet any of these requirements in the delivery address entails automatic cancellation of the order. All products will be delivered via private shuttle service.
Orders are delivered Monday through Friday, excluding local and national holidays. The usual delivery term will be between 24-48 hours for the Iberian Peninsula and the Balearic Islands, and between 2 and 7 days for the Canary Islands and the rest of Europe, starting from the day after the order confirmation. Pata de Elefante will not be responsible for logistical reasons unforeseen delays or force majeure. The maximum time allowed for delivery of the products is 30 days after order confirmation. In case of late deliveries, Pata de Elefante shall inform Customers as soon as possible.
For delivery of the Products either the Customer or a person authorized by him must be at the designated address. In the event that the Customer or the authorized person is not in the designated address or the delivery cannot be made for other reasons, the private transport company will contact the Customer to schedule an alternative date. If the delivery has not been possible after 7 working days from the date when the order was sent for delivery, the Customer must contact Pata de Elefante. Should the Client fail to do so, after 10 days from the date when the order was sent for delivery, it will be returned to our warehouse and the Customer shall bear the delivery costs as well as any related management costs. The amount of the order will be refunded by the same payment system used less the above-mentioned expenses.
7. RETURNS AND CANCELLATIONS POLICY
7.1 Right of Return.
If the Customer is not satisfied with his order upon receipt, he will have a period of fifteen (15) days from the date of receipt to exercise the right of return. To do so, the Customer shall send an email to email@example.com with the subject “Return” clearly stating the order number and the product he wishes to return. Pata de Elefante guarantees repayment of the full amount of the product in the same manner as payment was made. If the return is made by mail, the Customer shall pay all delivery fees and shall ensure that the Product arrives in perfect conditions to our warehouse. In this case, the Customer must send written notice to firstname.lastname@example.org. The written notice must include the express will of the Customer to exercise their right to cancel the purchase, the details of the products he wishes to return and the relevant order number. After fifteen (15) day-period Pata de Elefante will not accept returns of orders. Products must be in perfect condition, in their original packaging and unused, with all labels and accessories included where applicable. Upon receipt of the products in our stores, and after checking their condition, Pata de Elefante will proceed to refund the amount by the same payment method used by the Customer. This amount will be reduced by the return delivery fees in an amount equivalent to the amount that was charged at the time of purchase. There will be no refund for those products which are not in the same condition they were received by the Customer and Pata de Elefante will not accept returns that have not been previously reported. If in relation of certain Products no changes or refunds are permitted (except in case of defects), this shall be explicitly stated at the time of purchase. In case of return, the delivery costs will not be reimbursed. The product price will be made reimbursed within 30 days from receipt of the return by crediting the account indicated by the Customer. The right of return shall not apply to those products which are not suitable for return due to hygiene or other legal reasons, except in case of defects.
7.2 Order Cancellation
If Pata de Elefante receives the order cancellation before departure of product, the Customer shall bear no cost. In the case the cancellation order is received after the departure of the order, the Customer shall be bear the delivery and return fees.
7.3 Returns of defective products
In the event that the product is damaged by transportation or the product presents any defect, the Customer shall contact with Pata de Elefante at email@example.com as soon as possible. Pata de Elefante Shall pay all expenses involved in the collection of the product/s and the subsequent delivery of the new Product/s, once the Quality Department has confirmed the existence of the damage or defect. The return or substitution will be made as soon as possible and in any event within 30 days from the date when Pata de Elefante has confirmed to the Customer that the legitimacy of the return or substitution of the Product. In the event that the product cannot be replaced by another of identical characteristics Pata de Elefante shall reimburse the full amount paid by the Customer, including incurred delivery fees, if any. Refunds will be processed by the same payment system used by the Customer.
8. PRIVACY AND DATA PROTECTION
All information provided by the Customer will be used to process the orders and to send information about offers and services by email and/or postal mail that may be of interest, provided that the Customer has expressly consented to such submission. Thus, the purpose of the use of these data will be the maintenance of the contractual relationship between the Customer and Pata de Elefante and the management, administration, supply and commercial information or advertising about products of Pata de Elefante (among others, its Pata de Elefante brand) or third party partners or affiliated companies.
The Customer represents to be informed of the conditions set out in this clause. The personal data received will be treated in accordance with Law 15/1999 of December 13, of Personal Data Protection and Royal Decree 1270/2007 of 21 December, approving the Regulations implementing Organic Law 15/1999, and other regulations applicable in Spain. Likewise, Pata de Elefante covenants that it has taken the security measures required by regulations and undertakes to maintain the secrecy of all information provided. Customers may at any time exercise their rights of access, rectification, cancellation and opposition by writing to our email address: firstname.lastname@example.org marked to the attention of the Customer Service Department.