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GENERAL CONDITIONS OF CONTRACT

GENERAL CONDITIONS OF CONTRACT

0. INFORMATION PRIOR TO THE CONTRACT

Below, and for your reading and understanding, the General Conditions of Contract (hereinafter, the "General Conditions") are set out, which will be applicable to all commercial operations of distance purchase-sale of articles and/or products carried out electronically through the online store of the Website https://esenziashop.es (hereinafter, the Website), from the moment the ENTREPRENEUR sends the CONSUMER the General Conditions in the order confirmation document, and not at any other time before.

These General Conditions will remain in force and will be valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.

THE ENTREPRENEUR reserves the right to modify in whole or in part at any time both the General Conditions, as well as all those legal notices, guidelines and/or regulations for use contained in the Website and which, depending on the case, will replace, complete and/or o They will modify the General Conditions contained herein, without this affecting the articles and/or products that were acquired prior to the modification.

Said modifications may be made, through the Website, by any means admissible by law and will be mandatory during the time they are published on the web and until they are validly modified by subsequent ones.

THE BUSINESSMAN informs that the CONSUMER can access the General Conditions by clicking on the link "General Contract Conditions". We recommend that THE CONSUMER periodically consult the General Conditions, since they may be modified. You can always consult the current version of these conditions at https://esenziashop.es/condiciones-generales-contratacion

However, THE BUSINESSMAN reserves the right to apply, in certain cases, Particular Conditions in preference to these General Conditions when deemed appropriate, announcing them in a timely manner.

In the event of a contradiction between the terms and conditions stated in these General Conditions and the Particular Conditions, the conditions agreed in the latter instrument will always prevail with respect to those incompatible terms, and only with respect to those articles and/or products subject to said conditions. specific.

The acceptance of this contractual document implies that the CONSUMER:

  1. You've read, you understand and you're agree with this text.
  2. That he is a natural person or represents a legal person with sufficient capacity to contract.
  3. That it assumes all the conditions and obligations set forth herein.

1. INTERVENING PARTIES AND IDENTITY OF THE PARTIES

From one side,

THE BUSINESSMAN is ESENZIA ENTERPRISE 2019, SL, NIF: B16837858, with address at C/ Ciudad de Montilla Block 3, 1º 4 - 41008 Seville (Spain), telephone (+34) 622 13 00 17 and email atencionalcliente@esenziashop.es

And from somewhere else,

The CONSUMER, registered on the Website through a username and password, or as a guest user without the need to be registered on the Website, for which they have full responsibility for use and custody, being responsible for the veracity of personal data provided to the ENTREPRENEUR.

Only the natural or legal person who adequately proves their condition and accepts these General Conditions and the Particular Conditions that, where appropriate, are applicable and that, together with the Legal Notice and the Privacy Policy and The Cookies Policy, govern our business relationship, from the moment the ENTREPRENEUR sends you the General Conditions in the order confirmation document, and not at any other time before.

If you do not agree with any part of the terms, you will not be able to purchase any of the items and/or products offered on the website.

In the case of natural persons, the purchase of articles and/or products by minors under 18 years of age or by legal entities that do not meet the requirements set forth in these General Contract Conditions is expressly prohibited.

The placing of orders from the Website by a minor who falsifies the information, will be understood as carried out under the supervision and authorization of their parents, guardians or legal representatives.

2. PURPOSE OF THE CONTRACT

These General Conditions will regulate the commercial relationship that arises between the ENTREPRENEUR and the CONSUMER for the purchase of articles and/or products made on the Website.

Taking into account the foregoing, the CONSUMER will only be subject to the General Conditions from the moment they receive from the ENTREPRENEUR all the conditions of the purchase in the order confirmation document.

Contracting entails the delivery, upon payment of a certain price and publicly displayed through the Website, of a specific product.

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the CONSUMER and the ENTREPRENEUR in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.

The CONSUMER and the ENTREPRENEUR acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE

Access to the Website is free of charge, except in relation to the cost of the connection through the telecommunications network provided by the access provider contracted by the user.

Access to most of the contents of the Website is completely free and does not require prior registration, notwithstanding that THE ENTREPRENEUR conditions the use of some of the services offered on its website to the prior completion of the corresponding form, and where appropriate they may involve the payment of financial amounts.

Access to the Website by minors under 14 years of age is prohibited. However, in the event that access to the Website by a minor occurs, it will be presumed that said access has been made with the prior and express authorization of their parents, guardians or legal representatives, without prejudice to the fact that the ENTREPRENEUR reserves the right to carry out as many verifications and checks as it deems appropriate.

Under no circumstances will the ENTREPRENEUR be responsible for the veracity of the data provided by the user, so that each user will be solely responsible for the information provided to the ENTREPRENEUR being adequate, exact and precise or, otherwise, for the possible consequences that could derive from the lack of quality of the data or from the false or inaccurate statements that it makes.

3.1. Requirements to obtain the status of registered user

In order to carry out the purchase of the items and/or products made available to consumers by the ENTREPRENEUR, it is necessary for them to register in advance, providing at least the registration data through the forms provided for this purpose. that are required as mandatory.

It is an essential requirement to be able to register as a user to be over eighteen (18) years of age and to provide through the website all the information required as mandatory. The registered user assumes that their user account is personal and non-transferable, being able to register on the Website both individuals and legal entities.

Every registered user will have an access password, which will be, in any case, personal, non-transferable, and will have a limited temporary validity. This password must meet minimum length and security requirements. The user may modify or recover said password at any time, following the procedure provided on the Website. In no case will the ENTREPRENEUR have direct access to said password except for the provision of the Website access service to users.

By virtue of the foregoing, it is the user's obligation to immediately notify the ENTREPRENEUR of any fact that allows the improper use of identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to to proceed to its immediate cancellation. As long as such facts are not communicated, the ENTREPRENEUR will be exempt from any liability that may arise from the improper use of identifiers or passwords by unauthorized third parties.

3.2. Unsubscribe as a registered user

The user can, at any time, request to withdraw from the website, simply by processing it through the section enabled for this purpose in the "My account" section available on the Website.

In any case, once the cancellation has been made, the user may request a new registration, with the exception of the ENTREPRENEUR's right not to admit such registration in the specific cases specified in the clause called "Requirements to obtain user status", or in the event of a conflict or controversy between the parties, which is yet to be resolved or which has ended with the user's acknowledgment of fault or negligence and/or damage to the ENTREPRENEUR, its collaborators and associates or its users, consumers or potential consumers.

3.3. Requirements to obtain guest user status

The acquisition of items and/or products made available to consumers by the ENTREPRENEUR can be done as a guest user if prior registration is required.

Individuals over eighteen (18) years of age and legally constituted legal entities with sufficient capacity to contract, and who provide through the Website all the information required as mandatory, regarding identification data, may act as invited users. delivery address, billing information and chosen payment method.

If the consumer has already made purchases before, after making the purchase and adding the selected items and/or products to the cart, they will be able to access their customer data, entered in the previous purchase.

4. DESCRIPTION OF THE ARTICLES AND/OR PRODUCTS

In compliance with current regulations and, especially Law 34/2002, of July 11, on services of the information society and electronic commerce, the ENTREPRENEUR offers in each of the sections of the Website, according to the type of product in question, information about it, its characteristics and prices:

  • Personalized clothing, t-shirts, fleeces and caps

The items and/or products offered, as well as others that may be offered through the website in the future, will be delivered in exchange for the corresponding remuneration to be paid by the CONSUMER, and will confer on the CONSUMER a right to use them. , subject to the terms, conditions and terms of these general conditions and the particular conditions that, where appropriate, are established.

However, the ENTREPRENEUR reserves the right to withdraw, replace or change the items and/or products offered through the Website, by simply changing their content.

In this way, the articles and/or products offered at any time on the Website will be governed by the General Conditions in force in each case. Likewise, the ENTREPRENEUR will have the power to stop offering, without prior notice and at any time, access to the articles and/or products mentioned.

The descriptions, which are established in each case, will regulate the provision by the ENTREPRENEUR of the items and/or products offered to the CONSUMER.

4.1. Availability of articles and/or products

The availability of the articles and/or products offered by the ENTREPRENEUR through the Website may vary depending on the demand of CONSUMERS. Despite the fact that the ENTREPRENEUR updates the stock periodically, the product requested by the CONSUMER could be out of stock at that time. In this case, the ENTREPRENEUR will contact the user by email or phone call to resolve the incident in their order, proposing an alternative similar product, waiting for the selected product to be available in our stock again or proceeding to the order cancellation.

4.2. Indication and validity of prices

The prices of the articles and/or products are always shown in the Euro currency (€) and include the corresponding Value Added Tax (VAT) or other taxes that may be applicable and that will be in force at all times.

VAT is included in these prices. Unless expressly indicated otherwise, prices do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the purchased product.

The shipping costs of the articles and/or products are borne by the CONSUMER and will be added to the total amount of the selected articles and/or products. You will be informed of these expenses before confirming the order and finalizing the contracting process.

The prices shown on the Website are applicable exclusively to the articles and/or products offered through said Website and during the time they remain published and applied automatically by the contracting process in the last phase of the same.

THE ENTREPRENEUR expressly reserves the right to modify prices at any time without prior notice. However, in any case, the rates in force indicated at the time of placing the corresponding order will be applied.

The CONSUMER, by checking the box "I authorize and request the sending of the purchase invoice in electronic format" shown at the end of the contracting process, authorizes and gives his express consent to the ENTREPRENEUR so that the purchase invoice for the order is issued and send by THE ENTREPRENEUR to his email in electronic .pdf format, except in the case that the CONSUMER does not authorize it and expressly requests the sending of the purchase invoice in paper format by ordinary postal mail.

The consumer's right to receive the paper invoice may not be conditioned to the payment of any financial amount.

To do this, you must contact Customer Service on the phone (+34) 622 13 00 17 or send an email to atencionalcliente@esenziashop.es and request the purchase invoice for your order in paper format, which will be Sent by the ENTREPRENEUR by ordinary postal mail to the address indicated by the CONSUMER.

For any information about the order, to change their shipping and billing addresses or to correct errors in the data provided, the CONSUMER should contact THE BUSINESSMAN by phone (+34) 622 13 00 17 or the email address atencionalcliente@ esenziashop.es In any case, the order number that was assigned and indicated in the purchase confirmation email must be indicated in the subject of the message or in the call made.

5. PURCHASE PROCESS

The contracting procedure in the online store can only be carried out in Spanish.

All the processing of the order, completion of the contract as well as subsequent communications with the CONSUMER will be carried out in Spanish.

In the event that it could be carried out in another language, it will be indicated before starting the contracting procedure.

The CONSUMER, in order to access the articles and/or products offered by the ENTREPRENEUR, must register through the website by creating a user account, or as a guest user, without the need for prior registration. For this, the CONSUMER must freely and voluntarily provide the personal data that will be required in the "Register" form.

The CONSUMER will select a username and password, committing to make diligent use of them, and not make them available to third parties, as well as to notify the ENTREPRENEUR of their loss or theft or possible access by an unauthorized third party. , in such a way that it proceeds to the immediate blocking, the CONSUMER being solely responsible for the damages that it may suffer, or that it may cause, due to improper use of its keys due to poor custody or use of the same by its part.

The CONSUMER is responsible for treating confidentially and responsibly the identity and password obtained in registering as a user, not being able to transfer them to another.

The CONSUMER may not choose as a user name words whose purpose is to confuse others by identifying him as a member of the ENTREPRENEUR, as well as profanity, insulting expressions and, in general, contrary to the law or to the requirements of morality and good manners.

The ENTREPRENEUR's contracting platform will inform the CONSUMER, once the contracting procedure has been completed, via email, regarding all the characteristics, price, forms of transport, date of contracting and delivery time of the purchased product.

Once the CONSUMER account has been created, it is reported that in accordance with the requirements of article 27 of Law 34/2002, of July 11, on services of the information society and electronic commerce, the procedure of Hiring will follow these steps:

  1. The CONSUMER, as a registered user or as a guest user, without the need to be registered, to proceed with the purchase of items and/or products, must select the product(s) they wish to purchase and add them to their "Shopping Cart", by clicking the "Add to my basket" button.
  1. The CONSUMER will be able to verify that the article(s) and/or product(s) have been correctly added to their "Shopping Cart" basket, in which the number of articles and/or products selected must appear.
  1. The CONSUMER will see a detailed summary of the items and/or products in their "Shopping Cart", which includes:
  • Product image
  • Product description
  • Product availability
  • Unit price
  • Amount
  • Subtotal articles and/or products (VAT included)
  • Subtotal shipping costs (VAT included)
  • Taxes
  • Total
  1. The CONSUMER will then be shown an electronic form that must be completed with their billing information and full address for the delivery of the merchandise. Once completed, click on the SAVE button.
  2. If the delivery address of the merchandise is different from the one indicated for the billing address, the CONSUMER can add a new address by clicking on the ADD NEW ADDRESS button.
  3. If the delivery address indicated in the billing information matches the delivery address, these will be selected by default when placing the order. In any case, the CONSUMER can add additional addresses at any time through the "My addresses" section. Always make sure to update your details if they have changed.
  1. Before proceeding with the order, the CONSUMER must carefully read these general conditions and the basic data protection information made available to them, accepting them in their entirety by marking the following check-box:

I HAVE READ AND ACCEPT THE PRIVACY POLICY AND PURCHASE CONDITIONS

  1. As a payment system for your order, the CONSUMER will use one of the payment methods established by the ENTREPRENEUR on the Website.
  1. The order will be processed once the CONSUMER clicks on the "Order with payment obligation" button located at the bottom of the page.
  1. Once the purchase has been made, the CONSUMER will be sent, to the email address indicated for this purpose, a confirmation of the purchase made, "Proof of Purchase", which will serve as proof of the operation carried out and which can be printed on paper. The order confirmation and the Proof of Purchase will not be valid as an invoice.
  2. To check the status of your pending orders, you have to enter through the "My account" option. After logging in ("login" page) you will be able to access your order page, where you will find orders sorted by order date and an indication of the order status.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of the ENTREPRENEUR in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that are applicable in this regard, and particularly in accordance with REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons in regarding the processing of personal data and the free circulation of these data and which repeals Directive 95/46/CE (GENERAL DATA PROTECTION REGULATION – RGPD EU 2016/679) and Organic Law 3/2018 , of December 5, Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), and the rights that assist Users in accordance with the privacy policy of this Website.

6. TECHNICAL MEANS TO CORRECT ERRORS

The CONSUMER is informed that in the event that he has provided erroneous data when formalizing his order request on the Website, he may modify them by contacting the ENTREPRENEUR through the existing contact form on the Website, sending a email to atencionalcliente@esenziashop.es, contacting CUSTOMER SERVICE on the phone (+34) 622 13 00 17 or through the personal space "My account".

7. METHODS OF PAYMENT

To proceed with the payment, the CONSUMER must follow each and every one of the instructions displayed on the Website. The payment of the price of the articles and/or products can only be made through the payment methods that are indicated at any time on the Website.

In the case of payment by credit and/or debit card, the payment will be subject to verifications and authorizations by the issuing entities, but if said entity does not authorize the payment, it will not be possible to continue with the purchase procedure started, leaving automatically canceled the order, and it being understood that the purchase and sale of the requested service has not been carried out. The amount of the price of the service, as well as any applicable tax, will be shown at the time of formalizing the order.

With the aim of reinforcing the security and protection of online purchases, the ENTREPRENEUR has implemented the necessary processes to improve the security of transactions thanks to the incorporation of a payment service provider and a banking intermediary that guarantee confidentiality and security. of operations, forcing the authentication of each of the purchases made through the website in the cases required by the payment security regulations (PSD2).

All payment orders are identified by a code, generated by the payment provider, without which no transaction will be authorized by the corresponding bank. This code will serve the ENTREPRENEUR to be able to make the corresponding charges without having to store the payment card details.

In no case, the ENTREPRENEUR will store the data provided by CONSUMERS through the payment gateway in their own computer systems, and they will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed.

As a payment system, there are several payment methods established on the Website so that the CONSUMER of his choice can place his order:

- Stripe: The buyer can pay the amount of his "Shopping Cart" through the Stripe payment platform. If you choose this modality, you can also use your credit or debit bank card as a payment method.

- Klarna: The buyer can pay the amount of his "Shopping Cart" through the Klarna online payment platform and divide the total purchase in convenient installments.

The CONSUMER's purchase may be postponed for anti-fraud verification. It can also be suspended for a longer time for a more rigorous investigation, to prevent fraudulent transactions.

8. VALUE ADDED TAX

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles and/or products will be understood to be located in the territory of application of the Spanish VAT if the Delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla where their corresponding tax rates apply. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

In this sense, and in accordance with DIRECTIVE (EU) 2017/2455 OF THE COUNCIL of December 5, 2017, which modifies Directive 2006/112/CE and Directive 2009/132/CE with regard to certain obligations regarding value added tax for the provision of services and distance sales of goods, purchase orders will be located, for their delivery and/or provision, in that Member State of the European Union in which the address that appears in the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.

In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992 and DIRECTIVE (EU) 2017/2455, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations in each of these territories. The CONSUMER must take into account that in these territories there could be situations in which taxes and customs duties are applied and accrued at destination, in accordance with current regulations, and that these could be borne by him.

For the rest of the locations, different from the previous ones, where the purchase orders will be located, for their delivery and/or provision, the regulations in force at all times will be applied; The CONSUMER must take into account that this could generate the application and accrual of taxes and customs duties at destination, in accordance with current regulations at destination, and that these could be borne by him. For more information, the CONSUMER should go to the customs office at the destination.

9. ORDER PROCESSING

Once the receipt of payment for the product has been verified for the total amount indicated in the purchase process, the ENTREPRENEUR will begin processing the order.

THE BUSINESSMAN does not guarantee the price offered in this order for more than five days from its date. If in five days the payment has not been made by the means established for this purpose, the price may be modified.

Likewise, it is recommended that the CONSUMER print and/or save a copy on a durable medium of the conditions of sale when placing their order, as well as the proof of receipt sent by THE BUSINESSMAN by email.

THE BUSINESSMAN will deliver the articles and/or products in an identical way to how they appear on the web.

The merchandise travels to its destination insured at all risks by the ENTREPRENEUR, the cost of said insurance being included in the price corresponding to the heading of handling and freight.

In the event of any incident detected in the delivery of the merchandise, the CONSUMER must contact us through the contact form, and indicating in the message all the aspects related to the incidence of the delivery of the merchandise.

10. SHIPPING CONDITIONS OF ARTICLES AND/OR PRODUCTS

The articles and/or products whose purchase has been made through the Website will be sent, duly protected by means of the MRW shipping bag, a transport agency contracted for this purpose by the ENTREPRENEUR, to the postal address indicated on the form. order, not being able to correspond to a post office box or public places, such as public roads, squares, stations, airports or other similar.

The delivery time of the articles and/or products will depend on the place of destination of the shipment, and in any case it starts counting from the moment the ENTREPRENEUR receives the amount of the order. However, it will not acquire any responsibility for failures to comply with these dates as long as it is for reasons beyond the ENTREPRENEUR's control.

In case of non-execution of the contract by the BUSINESSMAN because the purchased good is not available, the CONSUMER will be informed of this lack of availability by email and the BUSINESSMAN, without undue delay, will refund the sums that he has paid under the same.

In case of unjustified delay by the ENTREPRENEUR regarding the return of the sums paid, the CONSUMER may demand that the ENTREPRENEUR pay double the amount owed, without prejudice to their right to be compensated for the damages suffered in what exceed that amount.

10.1. Order delivery times

Orders placed by the CONSUMER through the Website can currently be sent to residents of any town in the Spanish Peninsular Territory, the Balearic Islands and countries that make up the European Union.

In application of Regulation (EU) 2018/302 of the European Parliament and of the Council, of February 28, 2018, on measures aimed at preventing unjustified geographic blocking and other forms of discrimination based on nationality, place of residence or place of residence. place of establishment of CONSUMERS in the internal market and which modifies Regulations (EC) No. 2006/2004 and (EU) 2017/2394, and Directive 2009/22/EC, consumers and users residing in Countries that are part of the European Union will have the right to free access to any online store regardless of the European country where you reside, since it is prohibited to block access to an e-commerce page.

Therefore, the ENTREPRENEUR informs that the sale of the items and/or products offered is not limited to residents of the Balearic Islands, Canary Islands, Ceuta, Melilla, although it informs that it does not ship items and/or products to residents of the Balearic Islands, Canary Islands, Ceuta, Melilla and warns these consumers that if they make purchases through the Website, the shipping methods and costs of the items and/or products purchased to their respective places of residence will be borne by them. , completely disregarding the ENTREPRENEUR of any responsibility in this regard.

Once the payment of the order has been confirmed, in the event that the items and/or products requested are available, the orders will leave the ENTREPRENEUR's warehouse to the delivery address indicated by the CONSUMER.

The delivery times of the orders will depend on the physical location of the CONSUMER or, where appropriate, the different recipients, if any, as well as the time the order is placed (official Spanish peninsular time).

For orders for items and/or items and/or products of any type offered on the Website made before 1:00 p.m., once payment has been confirmed, delivery will be made to the address freely designated by the CONSUMER in the following estimated delivery times:

delivery zone

Estimated delivery time

Spanish Peninsular Territory

2 to 3 business days from the date of payment confirmation for non-personalized products

15 working days from the date of payment confirmation for personalized products

Balearic Islands

4 to 5 business days from the date of payment confirmation for non-personalized products

15 working days from the date of payment confirmation for personalized products

European Union countries

4 to 5 business days from the date of payment confirmation for non-personalized products

20 working days from the payment confirmation date for customized products

In the event of a delay in the shipment of the merchandise and therefore our commitment to deliver the order within the estimated delivery time could not be fulfilled, the ENTREPRENEUR will contact the CONSUMER by email or phone call to resolve the incident. in your order, proposing an alternative similar product, waiting for the selected product to be ready for shipment or canceling the order.

As a general rule, and unless there are circumstances derived from the personalization of the articles and/or products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the product(s) selected within the delivery times indicated above. and, in any case, within a maximum period of 30 working days from the date of order confirmation.

10.2. Delivery times for orders due to the COVID 19 health crisis.

The BUSINESSMAN informs, so that CONSUMERS can manage their expectations, that the current situation we are going through may affect the normal delivery times of orders. CONSUMERS are also informed that the availability of the items and/or products offered in the online store may be subject to eventual restrictions on delivery times and times.

For this reason, the ENTREPRENEUR offers CONSUMERS, in the event that it is impossible to make deliveries or that these may be delayed beyond the established period, the option of sending the orders once the current situation has been overcome, or of canceling the order, making the refund of the amount paid as quickly as possible.

10.2.1. Hygienic measures for the preparation of orders due to the COVID 19 health crisis.

Due to the COVID-19 health crisis, the ENTREPRENEUR has adapted the following hygienic measures in the preparation of packaging for orders placed through the website:

  • Periodic disinfection of order preparation tables or counters.
  • Disinfection of the packaging before its delivery to the transport agency.
  • Use of disposable gloves and wash hands with soap and water before and after putting on the gloves.

10.2.2 Manner in which orders will be delivered due to the COVID 19 health crisis.

  • Establishing a delivery system that does not imply collecting the signature of the CONSUMER upon receiving the order, such as writing down personal data.
  • Depositing the order at the door of the address, respecting the safety distance until it is picked up by the recipient.
  • The delivery men, when delivering the order to the CONSUMER's home, will not share the elevator with anyone to comply with the safety distance.

10.3. Shipping costs of articles and/or products

The shipping costs of the orders, with their corresponding taxes, will be shown during the purchase process of the items and/or products before the order is formalized and are detailed below:

delivery zone

Shipping costs

Spanish Peninsular Territory

€5.30 (taxes included)

Balearic Islands

€9.00 (taxes included)

European Union countries

€12.00 (taxes included)

10.4. Free shipping costs

In general, for orders for an amount equal to or greater than €60.00 made by residents in any population of the Peninsular Territory, Balearic Islands and countries that make up the European Union, shipping costs are free, regardless of the weight of the order and the place of delivery.

10.5. Undeliverable

If it is impossible to deliver your order, the Website's customer service will contact the CONSUMER to agree on a new delivery date if you are not going to be at the place of delivery at the agreed time.

In the event that 15 days have elapsed since your order is available for delivery, the order has not been delivered for reasons not attributable to the ENTREPRENEUR, we will understand that you wish to withdraw from the contract and we will consider it resolved. As a consequence of the termination of the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without any undue delay and, in any case, within a maximum period of 14 days from the date on which we consider the contract terminated. Please note that the transport derived from the resolution may have an additional cost, so we will be authorized to pass on the corresponding costs.

If for any reason we could not meet the delivery date, we will inform you of this circumstance and we will give you the option of going ahead with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid.

For the purposes of these Conditions, it will be understood that the "delivery" has occurred or that the order has been "delivered" at the moment in which you or a third party indicated by you acquire material possession of the articles and/or products. , which will be accredited by signing the receipt of the order at the agreed delivery address.

THE BUSINESSMAN does not assume any responsibility when the delivery of the order is not made as a result of the data provided by the CONSUMER being false, inaccurate or incomplete, assuming any other responsibility related to the non-delivery of the order.

Notwithstanding the foregoing, THE BUSINESSMAN must adopt the measures required of a diligent merchant so that delivery can be made within the agreed time.

If the CONSUMER does not receive the order within the delivery times established in these conditions and from the date of departure from the warehouse, they can contact them by phone (+34) 622 13 00 17 or by email atencionalcliente@esenziashop .is

THE BUSINESSMAN will do everything possible to meet the indicated delivery deadline and if he is aware that for any reason it will not be possible to comply, he will notify the CONSUMER via email or by phone.

THE BUSINESSMAN will inform the CONSUMER of the non-availability of the product as soon as it has been informed by the supplier thereof, or of the impossibility of supplying the requested product.

The CONSUMER may decide whether to cancel the order request or, if applicable, request a quote for an alternative product with similar characteristics.

10.6. Promo Codes: Terms and Conditions

THE ENTREPRENEUR may issue single-use promotional codes as an incentive to CONSUMERS. When the ENTREPRENEUR believes that a CONSUMER has premeditatedly circumvented the measures established to restrict such use, ENTREPRENEUR may adjust the subsequent order of said CONSUMER accordingly. When using the promotional codes, it will be the responsibility of the CONSUMERS to verify that the promotion or discount in question is accurately reflected when making the payment and during the applicable period.

CONSUMERS must immediately contact the ENTREPRENEUR if they detect any error or the promotional code is not correctly applied to the purchase made.

The types of offers and promotions offered by the ENTREPRENEUR may vary depending on their own needs, indicating in each of the promotional codes made available to CONSUMERS to which purchase of items and/or products can be applied, the advantages of the and their expiration dates.

Offer is subject to valid registration and acceptance of the website's standard terms and conditions.

The promotional code is not transferable and cannot be sold or redeemed. Only one promotional code can be used per CONSUMER and it is exclusively applied to purchases of items and/or products made through the online store. Use of any promotional code constitutes acceptance of these terms and conditions.

11. WITHDRAWAL OF ORDERS

11.1. Information on the exercise of the right of legal withdrawal 

When the buyer is a CONSUMER and the contract is entered into without the simultaneous physical presence of the CONSUMER and the ENTREPRENEUR (distance sale), the CONSUMER will enjoy the right of withdrawal described in this section

The CONSUMER has the right to withdraw from the purchase made through the Website and therefore, if they are not satisfied, and provided that the nature of the service purchased allows it, they may return it within a maximum period of fourteen (14) calendar days, without the need for justification and without penalties for its exercise.

The term for the exercise of this right is 14 calendar days from the day the CONSUMER or a third party that he has indicated (other than the carrier) receives the purchased product or since he receives the last good, in case of delivery of the same order in several shipments.

To exercise the right of withdrawal, the CONSUMER must notify his decision to withdraw from the contract through a statement made in any way admitted by law. You can use the standard withdrawal form model that appears below, although its use is not mandatory.

11.2. Withdrawal form model

  1. ENTREPRENEUR data

ESENZIA ENTERPRISE 2019, SL

NIF: B16837858

Address: C/ Ciudad de Montilla Block 3, 1º 4 - 41008 Seville (Spain)

Tel. (+34) 622 13 00 17 | E-mail: atencionalcliente@esenziashop.es

  1. I hereby notify you that I withdraw from the purchase/sale contract of the following product ___ purchased on ___ day
  2. Consumer name
  3. DNI/NIE
  4. consumer address
  5. Phone
  6. E-mail
  7. Signature
  8. Date

To exercise the right of withdrawal, the CONSUMER must notify the ENTREPRENEUR of his decision to withdraw from the purchase contract through a written communication addressed to the postal address C/ Ciudad de Montilla Block 3, 1º 4 - 41008 Seville (Spain) or by email addressed to atencionalcliente@esenziashop.es If you resort to this option, we will notify you without delay via email of receipt of said withdrawal.

Click here to download the withdrawal form .

11.3. Consequences of the legal right of withdrawal

In case of withdrawal, THE BUSINESSMAN will refund the consumer the total amount of the purchase, that is, the price of the product plus the initial shipping costs when making the purchase, before fourteen (14) calendar days have elapsed from the date of purchase. date on which he was informed of the decision to withdraw from the consumer contract using the same means of payment used by the consumer for the initial transaction, unless the consumer has expressly provided otherwise and as long as the consumer does not incur in no expenses as a result of reimbursement.

The refund of the amount of the purchase will be made through the same means of payment used by the CONSUMER for the initial transaction, unless the CONSUMER has expressly provided otherwise and as long as the CONSUMER does not incur any expenses as a consequence. of the refund.

The ENTREPRENEUR may retain the reimbursement to the consumer of the total amount of the purchase, until the items and/or products have been received, or until the CONSUMER has irrefutably presented reliable and verified proof of their return, depending on which condition is met. first.

In any case, for the purposes of making use of the right of withdrawal, it is not a condition that the items and/or products are returned in their original packaging. The ENTREPRENEUR informs the CONSUMER that if the items and/or products are not returned in the same original packaging, the goods may suffer a depreciation. In the event that they are returned without said original packaging or with damage, the amount that will be paid to the CONSUMER for the return of the product will be reduced by the corresponding amount.

The CONSUMER will be responsible for the decrease in value of the goods resulting from handling them other than what is necessary to establish their nature or characteristics.

In any case, for the purposes of making use of the right of withdrawal, it is essential that the returned items and/or products are in perfect state of use for subsequent sale. Before returning the product, the CONSUMER must ensure that it is duly protected so that it does not suffer any damage during transport.

The CONSUMER is informed that when exercising the right of withdrawal, the shipping costs for the return of the items and/or products purchased (return costs) from your home to the ENTREPRENEUR's warehouse will always be borne by the CONSUMER

To meet the withdrawal period, it is enough that the communication regarding the exercise by you of this right is sent, in the manner and substance described, before the corresponding period expires.

11.4. Exceptions to the legal right of withdrawal

Excluded from the right of legal withdrawal are those articles and/or products in which, due to their very nature, it is impossible to carry it out, without prejudice to the corresponding claim for damages suffered, including, specifically, but not exclusively:

  • articles and/or products made according to the consumer's specifications or clearly personalized, or that, by their nature, cannot be returned or may deteriorate.
  • articles and/or products sealed for reasons of hygiene or health that have been unsealed and/or used after delivery.

The consumer's right of withdrawal is extinguished in advance if the ENTREPRENEUR, with the express consent of the consumer or at his initiative, has already fully executed the provision of the contracted service before the expiration of the withdrawal period.

In this way, the consumer does not have the right of legal withdrawal if THE ENTREPRENEUR provides them with articles and/or products made in accordance with the consumer's specifications, supplies them with articles and/or products that are clearly designed according to their needs, that have been unsealed and/or used after delivery or if the CONSUMER himself has ordered the provision of a service before the expiration of the withdrawal period.

12. WARRANTIES APPLICABLE TO ARTICLES AND/OR PRODUCTS

All products purchased by the CONSUMER through the Website have a three-year legal guarantee against any lack of conformity that appears, from the date of delivery of the good and under the conditions and with the means of proof regulated in the 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, modified by Royal Decree-Law 7/2021, of 27 April, without prejudice to the powers of the ENTREPRENEUR to verify the veracity of the defects, their origin and the moment of their appearance.

The warranty period begins from the moment the ENTREPRENEUR delivers the good to the CONSUMER, which is presumed to have been completed on the date that appears on the invoice, purchase receipt or delivery note if later.

The BUSINESSMAN will respond to the CONSUMER for any lack of conformity of the product that exists at the time of delivery of the good and that manifests itself during the three years after its delivery, and the CONSUMER may, by means of a simple declaration, require the BUSINESSMAN to rectify of said lack of conformity, through repair, replacement, price reduction or termination of the contract. These steps will be free for the CONSUMER.

When the repair or replacement of the good proceeds, the CONSUMER will make it available to the ENTREPRENEUR and the ENTREPRENEUR, if applicable, will recover the replaced good at his expense in the way that causes the least inconvenience for the CONSUMER depending on the type of good in question. .

The good that the CONSUMER sends to be repaired or replaced must coincide with the one sent by the ENTREPRENEUR, attaching the invoice or proof of purchase and must be perfectly packaged and protected. If the good arrives at the ENTREPRENEUR's address with damage attributable to poor packaging or protection, the repair may not be covered by the guarantee, informing the CONSUMER of this.

In relation to the repair and replacement, the gratuity will include the shipping costs, as well as the costs related to labor and materials used in the repair, not with the installation of the good at the CONSUMER's home.

However, it is understood that the products are in accordance with the contract as long as they meet all the requirements expressed below:

(i) conform to the description made by the ENTREPRENEUR and have the qualities of the product that have been presented to the CONSUMER in the form of a sample or model through the Website

(ii) are suitable for the uses to which products of the same type are ordinarily put

(iii) present the usual quality and benefits of a product of the same type that the CONSUMER can reasonably expect, taking into account the nature of the product

Unless proven otherwise, it will be presumed that the lack of conformity that manifests itself in the two years following the delivery of the good in a single act or in a series of individual acts, already existed when the good was delivered, except when for the goods this presumption is incompatible with its nature or the nature of the lack of conformity (misuse, lack of care on the part of the CONSUMER, or an external cause such as a fall or blow) in which case the legal guarantee will not apply.

In the event that the defect appears during the third year of the guarantee, it will be up to the CONSUMER to prove that the defect existed when the good was delivered.

When it is impossible for the CONSUMER or it involves an excessive burden to contact the ENTREPRENEUR due to the lack of conformity, they may claim directly from the manufacturer of the product in order to ensure that the good is brought into conformity.

In general, and without prejudice to the cessation of the responsibility of the producer, the producer will respond, in the same terms and conditions as those established for the ENTREPRENEUR, for the lack of conformity when it refers to the origin, identity or suitability of the goods. , in accordance with their nature and purpose and with the rules that regulate them.

Whoever has responded to the CONSUMER will have a period of one year to repeat against the person responsible for the lack of conformity. Said period will be computed from the moment the corrective measure was executed.

Warranty Exclusions

Deficiencies caused by improper use or manipulation, or defects derived from any external cause are excluded from the guarantee.

Likewise, the guarantee does not cover damages caused by external factors such as atmospheric phenomena, fire, water, abnormal use of the good, burns, cuts, scratches, wrinkles, signs, scratches or other damages that may be caused by animals, accidental falls or use incorrect.

Exempt from warranty coverage are claims for natural loss of light or its degradation, deterioration of color due to exposure of the item to sunlight or other sources of heat, as well as the use or contact with chemical products and treatment with non-toxic cleaning products. indicated.

Disclaimer

THE BUSINESSMAN is not obliged to indemnify the CONSUMER or third parties for the consequences of improper use of the good, whether direct or indirect damage, accidents suffered by people, damage to property other than the acquired good, loss of profit or loss of profit.

To find out the procedures that must be followed in the event of problems with a product, you can directly contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE by phone (+34) 622 13 00 17 or email atencionalcliente@esenziashop.es

Click here to download the complaint forms of the Junta de Andalucía .

13. RETURN OF ITEMS AND/OR PRODUCTS

The CONSUMER has the possibility of making returns of products received in poor condition, either due to defects or manufacturing defects (provided that said defects were not due to improper handling or use by the CONSUMER), that the products received are erroneous with respect to those indicated in the initial order or that have been damaged in transport (in the event that the packaging arrives open or broken and part of the merchandise may have been lost).

In the case of a defective product, the ENTREPRENEUR is responsible for any lack of conformity that manifests itself within a period of three years from delivery. The CONSUMER must inform the BUSINESSMAN of the lack of conformity as soon as he becomes aware of it.

In cases where the CONSUMER considers that at the time of delivery of the product does not comply with the provisions of the contract, he must contact the ENTREPRENEUR as soon as possible through our contact form or email atencionalcliente@esenziashop.es, providing the product data, verifying the anomaly noticed in the product delivered by sending photographs in which it is verified that the product has actually arrived open, is wrong with respect to the requested or is defective.

The CONSUMER must return to the BUSINESSMAN or through a courier/carrier the products that he wishes to return properly packaged and protected for shipment.

THE BUSINESSMAN only accepts returns of products purchased on the Website that have not been tampered with, that are erroneous with respect to those requested, that have manufacturing defects or that are open or broken during transport, within a maximum period of 14 days from the date of delivery of the goods. Returns of parts that have been assembled or tested are not accepted.

The CONSUMER will have another 14 calendar days to send the product from the moment the BUSINESSMAN acknowledges receipt of the return request received by the CONSUMER.

The expenses caused by transportation to return the product will be borne by the CONSUMER, unless the reason for the return is a defect or anomaly in the manufacture of the product, in the case of products sent by mistake or that are open or broken. , in which case the cost of return will be paid by the ENTREPRENEUR.

In case of change, the CONSUMER will have to pay the costs of the return and the new shipment.

It is not a condition that the products are returned in their original packaging or original packaging. The BUSINESSMAN informs the CONSUMER that if the products are not returned in the same original packaging, the goods may suffer a depreciation.

Once the original merchandise is received, its status will be checked and the ENTREPRENEUR will notify the CONSUMER by email if they have the right to repair, replacement, price reduction or termination of the contract.

However, we may withhold the refund until we have received the goods, or until the CONSUMER has presented proof of the return of the products, depending on which condition is met first.

Any reimbursement that the ENTREPRENEUR must make to the CONSUMER due to the price reduction or termination of the contract will be executed without undue delay and, in any case, within a period of fourteen days from the date on which the ENTREPRENEUR has been informed of the consumer's decision to claim his corresponding right.

Notwithstanding the foregoing, in the case of the termination of a contract for the sale of goods, the term for reimbursement will begin to run from the moment the ENTREPRENEUR has received proof provided by the CONSUMER that he has returned them. .

The BUSINESSMAN will make the reimbursement indicated in the previous section using the same means of payment used by the consumer for the acquisition of the good, unless otherwise expressly agreed between the parties, and provided that it does not entail an additional cost for the CONSUMER . The ENTREPRENEUR will not impose any charge on the CONSUMER for the refund.

To find out the procedures that must be followed to return a product damaged during shipping, incorrect or defective, you can contact our CUSTOMER SERVICE AND AFTER-SALES SERVICE directly by phone (+34) 622 13 00 17 or by mail. email atencionalcliente@esenziashop.es

14. INFORMATION ON THE PROCESSING OF PERSONAL DATA

In accordance with the provisions of REGULATION (EU) 2016/679 of the EUROPEAN PARLIAMENT and of the COUNCIL, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free movement of these data and which repeals Directive 95/46/CE (GENERAL DATA PROTECTION REGULATION – RGPD UE 2016/679) and Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights (LOPDGDD 3/2018), THE ENTREPRENEUR informs CONSUMERS of the online store of the Website https://esenziashop.es that all the personal data they provide by completing the existing electronic contact or registration forms on the Website, by sending emails to the different email accounts under the Internet domain esenziashop.es form part of the ENTREPRENEUR's Record of Processing Activities (RAT), which will be updated periodically in accordance with the provisions of GDPR UE 2016/679 , for use by the different departments of the company in order to be able to provide the CONSUMER with our services, process them (management, collection and delivery of the items and/or products purchased), send the newsletter news about the offers, promotions and recommendations of the ENTREPRENEUR, as well as send commercial communications about our articles and/or products by letter, telephone, email, SMS/MMS, WhatsApp, Telegram or by other equivalent electronic means of communication, as long as the interested party has consented to the processing of their personal data for this purpose.

The legitimacy of the treatment is based on the execution of a contract in which the interested party is a party or for the application at his request of pre-contractual measures or by obtaining the express consent of the interested party. We will keep your personal data as long as there is a mutual interest for it, from the time you give us your consent until you revoke it or request the limitation of the treatment. In such cases, we will keep your data blocked for the legally required periods. The data will not be communicated to third parties, except legal obligation.

By entering their data in the existing electronic forms on the Website, the CONSUMER grants their explicit and unequivocal consent to the BUSINESSMAN to proceed, in compliance with the purposes mentioned in the previous section, to the processing of the personal data provided.

Such data will not be transferred by the ENTREPRENEUR to third parties without the explicit and unequivocal consent of the CONSUMER. All this, without prejudice to the duty of collaboration of the ENTREPRENEUR, before the competent administrative and judicial bodies that may require data from the affected CONSUMER.

Likewise, THE BUSINESSMAN informs the CONSUMER of the possibility of exercising the rights of access to personal data, rectification, deletion (right to be forgotten), limitation of treatment, data portability, opposition to treatment and not being subject to individual decisions automated and, when the processing is based on consent, the right to withdraw it at any time, by writing to the postal address C/ Ciudad de Montilla Bloque 3, 1º 4 - 41008 Sevilla (Spain) or through the address of email atencionalcliente@esenziashop.es, attaching the affected party, in both cases, proof of legally valid identity, such as a photocopy of the DNI/NIE/Passport, and clearly indicating the right they wish to exercise.

If you consider that the treatment does not comply with current regulations or you consider your rights violated, you can also file a claim with the Spanish Control Authority at https://www.aepd.es You can consult our Privacy Policy at https:// esenziashop.es/privacy-policy

15. LIABILITY AND EXECUTION OF LIABILITY

THE ENTREPRENEUR cannot guarantee the technical continuity of the Website, the absence of failures or service interruptions or that the Website will be available or accessible one hundred percent of the time. The Website is hosted on a secure server and with the necessary SSL security certificate, these being the tools available to the ENTREPRENEUR to control the absence of viruses, worms or any other harmful computer element.

In no case, the unavailability of the Website, or the existence of failures in it, will in any way empower the CONSUMER or third parties, to claim for any reason any type of remuneration or compensatory perks.

16. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, the designs, logos, text and/or graphics are the property of the ENTREPRENEUR or, where appropriate, have a license or express authorization by part of the authors.

All the contents of the Website are duly protected by intellectual and industrial property regulations, as well as registered in the corresponding public registries.

The total or partial reproduction, use, exploitation, distribution and commercialization, requires in any case the prior written authorization of the ENTREPRENEUR.

Any use not previously authorized by the ENTREPRENEUR will be considered a serious breach of the author's intellectual or industrial property rights.

The designs, logos, text and/or graphics outside the ENTREPRENEUR and that may appear on the Website belong to their respective owners, who are themselves responsible for any possible controversy that may arise with respect to them.

THE BUSINESSMAN acknowledges the corresponding industrial and intellectual property rights in favor of their owners, their mere mention or appearance on the Website not implying the existence of any rights or responsibility of THE BUSINESSMAN over them, nor does it imply endorsement, sponsorship or recommendation by part of it.

17. LINKS

The establishment of a hyperlink does not imply in any case the existence of relations between THE ENTREPRENEUR and the owner of the Website in which it is established, nor the acceptance and approval by the ENTREPRENEUR of its contents or services.

Those persons who intend to establish a hyperlink must previously request written authorization from the ENTREPRENEUR. In any case, the hyperlink will only allow access to the home-page or home page of the websites, it must also refrain from making false, inaccurate or incorrect statements or indications about THE ENTREPRENEUR, or include illegal content, contrary to good customs and public order.

THE ENTREPRENEUR is not responsible for the use that each user makes of the information made available on the Website or for the actions carried out based on it.

THE ENTREPRENEUR does not assume any responsibility for the information contained in third-party web pages that can be accessed by "links" or links from any web page owned by the ENTREPRENEUR. The presence of "links" or links on the ENTREPRENEUR's Website is for informational purposes only and in no case does it imply a suggestion, invitation or recommendation about them.

18. GENERAL

These conditions have been exposed in due time, in accordance with current legislation. Likewise, THE BUSINESSMAN makes these General Conditions available to you, so that they can be stored and reproduced, thus complying with the legal duty of prior information.

Click here to download the General Contract Conditions .

THE ENTREPRENEUR reserves the right to modify, at any time, and without prior notice, the presentation and configuration of the online store of the Website, its functionalities and/or the contents that are incorporated into it. Thus, as to cease the provision of services at any time, keeping intact the commercial obligations or of any kind acquired up to that moment.

In the event that any provision or provisions of these Purchase Conditions are considered null or unenforceable, in whole or in part, by any Court, Tribunal or competent administrative body, said nullity or non-application will not affect the remaining provisions. In this case, the affected clause or clauses will be replaced by another or others that have the most similar effects to those of the replaced ones.

19. CUSTOMER SERVICE AND AFTER SALES SERVICE

To make any kind of query, make a suggestion, or file a complaint or claim regarding the contracting of articles and/or products, it can be done by filling in the contact form on the Website, through the email address atencionalcliente@esenziashop .es, by calling Customer Service on the telephone (+34) 622 13 00 17 or through the WhatsApp number (+34) 622 13 00 17, during the following telephone hours:

  • Monday to Friday from 10:00 a.m. to 2:00 p.m. (mornings) and from 6:00 p.m. to 9:00 p.m. (afternoons)
  • Saturdays, Sundays and local, regional and national holidays closed

20. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM

In the event that the CONSUMER has had a problem with a purchase or the provision of an online service, he may use this means to present any claim in relation to said purchase, sale or provision of services, as well as opt for the extrajudicial solution of the conflict. aroused.

Pursuant to the provisions of Article 14.1 of Regulation (EU) 524/2013 applicable throughout the European Union and Law 7/2017, of November 2, which incorporates Directive 2013/2013 into the Spanish legal system. 11/EU, of the European Parliament and of the Council, of May 21, 2013, regarding the alternative resolution of consumer disputes, THE ENTREPRENEUR makes the following link available to users of the Website: https://webgate .ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES

Through said link, CONSUMERS of the Website will be able to access the European Platform for Online Dispute Resolution in consumer matters (ODR).

21. EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations, when it is due to events that are beyond our reasonable control ("Cause of Force Majeure").

Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and, among others, the following:

  1. Strikes, lockouts or other industrial action.
  1. Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not), or threat or preparations for war.

III. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or any other natural disaster.

  1. Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  1. Inability to use public or private telecommunication systems.
  1. Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the Cause of Force Majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the Cause of Force Majeure. We will use all reasonable means to end the Force Majeure Event or to find a solution that allows us to fulfill our obligations despite the Force Majeure Event.

22. JURISDICTION

These general conditions are ruled by the Spanish Law. The parties submit, at their choice, for the resolution of conflicts and waiving any other jurisdiction, to the judges and courts of the CONSUMER's domicile.

We also remind you that you can access the European Union online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

If any clause included in these General Conditions were declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting these General Conditions in all the rest and considering such provision totally or partially not included.

In the same way, these conditions are subject to any other provision, regulation or law that is directly or indirectly applicable.

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