General Terms & Conditions
Terms of Use:
2.- Applicable law and changes to the General Terms and Conditions
3.- Rights and obligations of eMaletas
4.- Rights and obligations of User
Terms of Sale:
10.- Amendments to the General Terms and Conditions of Sale
Terms of Use:
The general terms of use, sale and privacy policy (hereinafter “General Terms and Conditions”) regulate the use of the web site www.emaletas.com and establish the contractual relationship governing the purchase of products offered on the web page www.emaletas.com, owned by Emaletas, S.L (hereinafter “eMaletas”), with registered office at c/Muntaner, 330, 1º1ª, 08021, Barcelona, registered in the Mercantile Register of Barcelona, Volume 40619, Book 176, Sheet B 369603, Inscription 1, with Tax Identification Number (CIF) B64908171, and the individual or legal person (hereinafter “user”) who expresses the willingness to buy such products through requests made on the Internet via this website or over the telephone, using the information provided on the webpage. A request by the user is subject to particular terms and conditions associated with these General Terms and Conditions which the user should consult prior to purchasing any product. These General Terms and Conditions are provided on the website www.emaletas.com for the user to read, print, save and accept and the user may not purchase any product without accepting said conditions. These General Terms and Conditions may be viewed and are freely accessible by the user on the web page. These General Terms and Conditions, together with a specific request for the products by the user, implies the creation of a buy-sell contract between Emaletas and the user which states: a) the user has read, understood and accepted the terms and conditions; and b) the user is of legal age with full capacity to enter into legally binding agreements.
2.- Applicable law and changes to these General Terms and Conditions
These General Terms and Conditions are subject to the provisions of Spanish Law 7/1998, dated 13 April, relating to General Contractual Conditions, Spanish Law 26/1984, dated 19 July, on Consumer and User Protection, Royal Decree 1906/1999, dated 17 December 1999, which regulates the terms and conditions of electronic and telephone contracts, Organic Law 15/1999, dated 13 December, on Data Protection, Spanish Law 7/1996, dated 15 January, on Retail Trade; and Spanish Law 34/2002, dated 11 July on the Information Society Services and E-Commerce. Emaletas reserves the right to change these General Terms and Conditions at any time, without prior notice to the user, who has sole responsibility for reviewing them prior to purchasing any product on this web page. The General Terms and Conditions which are available on the web page at the time the user purchases a product will be those considered valid and applicable to the sale.
3.- Rights and obligations of eMaletas
Product delivery: Emaletas guarantees delivery of the product in perfect condition to the address of the user detailed in the order form, in which the particular conditions together with these General Terms and Conditions can be found. Emaletas will not be held liable for errors in the delivery process when the information entered by the user in the order form is incorrect or omissions have been made. The invoice corresponding to the order will be made available and can be viewed at www.emaletas.com. All orders and returns should be addressed to Emaletas by email at info@emaletas.com. Emaletas will not be held liable in relation to: - Error messages or delays experienced by the user when entering information in the order form, the length of time in receiving, or failure to receive, the order confirmation or any other problems which may arise in these circumstances due to problems on the network, causes of force majeure or any other unforeseeable circumstances which are beyond the control of Emaletas. Emaletas will endeavour to resolve the problems which may arise and will offer all of the necessary support to the user to find a fast and satisfactory solution to the problem; – Errors or faults caused by the user misusing the service; - Problems with the email address supplied by the user to obtain receipt of the order form. The product descriptions provided on emaletas.com are based on the information provided by the suppliers to Emaletas. The information provided on each product, together with any photographs or videos can be found at emaletas.com, as well as all the trademarks, brand names and logos of any type contained on the web page of Emaletas. The distributor will deal with any issues the consumer may have upon receipt of the goods, in accordance with the provisions of Spanish Law 23/2003 dated 10 July, on the Sale of Consumer Goods and associated Guarantees, which entitles the consumer to receive repaired goods, replacement goods, goods at a reduced cost or the right to terminate the contract. Emaletas will endeavour to keep all items in stock. In the event a product is not available, upon placing an order, the user will be informed, by email, of the total or partial cancellation of the same. From receipt of this confirmation, the refund of money to the bank account of the customer will depend on the type of bank card and the particular conditions of each bank. The partial cancellation of the order due a lack of availability does not give the customer the right to cancel the entire order.
4.- Rights and obligations of the User
The user agrees to pay in advance for the product requested. Payment can be made in the following ways: Amount: Payment for the product requested by the user will be through the method detailed on the web page and will appear in the specific request made by the user. The prices shown on the web site include VAT but exclude a delivery charge. Charges which are not applied or controlled by Emaletas, will be at the rate established by the private courier companies contracted by Emaletas; however the user will be informed of these rates prior to making a purchase and they will be detailed in the order confirmation. Discounts and price comparisons are established from the price list provided by the supplier or from using the prices stated by Emaletas online. The user should pay the amount relating to the order through bank card (Visa or MasterCard). It is the responsibility of the customer to: - assume the risks of wear and tear, damage and loss of the products from the time at which they are placed in their possession by the third party who, on behalf of Emaletas, delivers the products requested; – check the condition of the package in the presence of the third party who, on behalf of Emaletas, delivers the product requested, indicating on the delivery note any problems which can be seen with the packaging. If subsequently the user identifies a problem with the product such as a dent, rip, or any other fault caused during delivery, the user must inform eMaletas as soon as possible so they may proceed to refund the amount paid through credit notes for future purchases by the user, except if expressly requested otherwise, in which case, a cash refund of the price paid will be made.
Terms of Sale:
The product descriptions provided by eMaletas on its web page are based on the information provided by the suppliers of the brands. The information contained in each product profile or photograph is purely for guidance. Therefore, eMaletas.com cannot be held liable for the appearance of errors in said information; however, it will endeavour to correct any errors or omissions as soon as reasonably possible after being informed of the same.
Registered users may place orders through two different methods: by Internet: via the web site www.emaletas.com or by telephone: Monday to Friday from 7:00 to 23:00 by calling (00 34 93 414 76 76). Those placing the order should ensure they are fully authorised to use the credit card and there are sufficient funds to cover the costs of the purchase from emaletas.com. Only those with legal capacity to subscribe to contracts relating to the goods and services contained on the web page can place orders at emaletas.com. Upon clicking the button “buy” during the purchasing process, the user declares to fully accept, without reservations, the entire Terms of Sale which can be saved and printed by the users to consult when necessary. The information saved by emaletas.com constitutes proof of all of the transactions made between emaletas.com and its customers. eMaletas will inform the customer, by email, within a maximum period of 24 hours that the order has been processed. Once the product requested has been sent emaletas.com will inform the customer by email of said delivery. The contractual information will be in Spanish or English and will be confirmed to the user at the time of delivery, if not before. Said information can be viewed, filed or copied by the users who may at any time, update incorrect information contained in the same through connecting to emaletas.com. In the event emaletas.com intends to use the email address provided by the user for marketing purposes it will expressly inform the user of its intention to do so and request the consent of the user. Said consent can be revoked by the user at any time through simply sending an email to info@emaletas.com. Emaletas.com reserves the right to the refuse an order placed by any user with whom there is a dispute.
The prices of the products shown include all taxes but exclude charges for packaging and delivery. Transportation costs will be assigned separately and will include all taxes. In relation to VAT, as a general rule, the rate of 18% will be applied within the EU, where this tax is applicable. Companies belonging to countries within the EU, except Spain, are exempt from paying this tax. In a sale to another country, VAT is not applicable; however, customs may apply their own duties. Due to their special tax regime, residents in the Canary Islands, Ceuta and Melilla are exempt from paying VAT (customs and import duties or delivery charges are not included in the product price and will need to be paid for additionally). The discounts and price comparisons shown next to the product price are established using the price catalogue provided by the supplier or from the prices supplied online by Emaletas. Emaletas has the consent of the suppliers to sell their products at the prices quoted. Emaletas.com reserves the right to change the prices at any time. The price applicable is at the time the order was placed. The products will remain in ownership of the supplier until full payment has been received.
Payment for the purchases can be made with a bank card, through Paypal or Bank transfer. The following bank cards are accepted: Visa and Master Card. When paying by card, the purchase price will be taken from the bank account of the customer within a period of 4 days from the date the order is received and will be deemed effective once confirmation has been received from the bank authorising the payment. When using Paypal, the purchase price will be taken from the Paypal account immediately. In the event the request is denied by the bank, the order will automatically be cancelled and the customer will be informed by email. In the event a customer is unduly charged for a purchase without the bank card having been authorised by emaletas.com, the user can request the charge be cancelled immediately by sending an email and emaletas.com will refund the amount unduly charged. However, in the event a purchase was made by the user requesting a refund, the user should reimburse emaletas.com for the costs and loss caused by said cancellation.
For its security emaletas has placed its trust in La Caixa, using its bank card and payment gateway. We guarantee that all transactions carried out with emaletas are 100% secure. All transactions which imply the transfer of personal information or bank details are made using a secure environment. Likewise, the web page emaletas.com is protected with one of the safest security systems which currently exist. Any bank details entered are encrypted and transferred safely to the servers of the bank and are subsequently verified by the issuing bank to avoid possible fraud or abuse. This process of entering information is guaranteed by encrypted technology SSL (Secure Socker Layer) – 128 bits, currently one of the most advanced security systems on the market. Therefore, no third party of emaletas.com ever has access to confidential information relating to the payment methods and bank details entered by the customer.
Emaletas.com endeavours to meet the demands of its customers. In the event a product is not available once an order has been made and before the delivery process has begun, the customer will be informed by email or by telephone of the partial delivery or cancellation of their order. If the account has already been charged, the customer will be refunded the corresponding amounts and will be informed of the same by email. Upon commencing said process, emaletas.com will refund the corresponding amounts within a period of 8 days, if the customer has used a debit card or Paypal, and before the end of the month in question if payment has been made by credit card.
a) Process and drop off
The products will be sent directly to the address provided by the buyer. Each time an order is dispatched the buyer will receive an email. The products will be sent together with a delivery note or invoice. Once the order has been dispatched, emaletas.com will issue an online invoice in which the transportation costs will be listed together with VAT. The transportation costs are payable by the buyer, except in special promotions run by emaletas.com. Emaletas.com makes deliveries within the Spanish Peninsular, and the Balearic Islands. In particular cases delivery will be made where the addressee is in the Canary Islands or outside of Spain. In order to maximise delivery, emaletas.com requests its customers provide an address at which goods can be delivered during day time working hours.
b) Delivery date
Delivery will be made between 5 to 10 working days, unless otherwise stated. Wherever possible, emaletas.com will try to reduce this period to 24 or 48 hours. Emaletas.com guarantees the delivery process will commence before 17:00 (GMT+1) on the same day the order is made, unless placed on a Saturday, Sunday or bank holiday. For orders made on these days, the order will be processed on the first subsequent working day. Time periods are calculated based on working days and can vary depending on local and national bank holidays. Emaletas will inform the customer, by email, when the order has been dispatched from the warehouse. The customer can track the status of the order in their personal account on the web site emaletas.com or by telephoning customer services on the number which appears on the web page. Each delivery will be considered as completed once the transport company has made the goods available to the customer, through the system of control used by the transport company. The recipient of the goods should check the order once received and make any comments or claims if justified, including refusing to accept the package if it is open or there are signs of damage. If the products delivered do not meet the criteria and quality specified on the delivery note or invoice, the customer should send a claim by email to emaletas.com. Requests on refunds should be sent to emaletas.com by email within 2 days from receipt of the goods. If 8 natural days pass from the date the order is placed and no news has been received on the order, the customer should send an email to info@emaletas.com explaining the situation and our customer services department will launch an investigation with the assistance of the transport company. Emaletas.com reserves the right to change the delivery process or the company which carries out such service, regardless of the information contained on these pages, provided it does not result in a loss for the customer.
At emaletas.com our main objective is to ensure all our customers are fully satisfied, therefore if you are not completely happy with the product received it may be returned. All of the products sold may be returned within a maximum period of 7 days from the date of delivery, in accordance with Spanish Retail Trade Law. Our customer service department offers an after sales service to resolve any problems with our articles or deliveries, through which we will try to offer a fast, efficient service to our customers. The return service has a charge of 15 Euros in relation to transport costs. The customer should send an email to emaletas.com, indicating their intention to return the goods; they will then receive an email in response with instructions to follow in the returns process. The customer should send a package to emaletas.com with:
- The articles in their original packaging
- The delivery note or invoice received with the order
- The returns number contained in the response email, marked on the packet. The returns cost should be met by the customer and should be sent by secure method with the necessary guarantees so the goods returned arrive in perfect condition.
The products should be returned with adequate protection, in their original packing and in perfect condition for their further sale (without damage, rips or any dirt), with all the accompanying accessories, instruction manuals and documentation. The products should be sent to the following address: Emaletas, S.L. c/ Muntaner 330, 1º1ª, 08021 Barcelona, Spain. The products may not be returned if they show signs of having been used. Returns which do not include information identifying the sender (order no., returns no., name, surname, address) will not be accepted. Once the package has been received at the warehouse of emaletas.com and it has been verified the goods are in perfect condition, the refund process will begin. The customer will be informed of this process by email. Refunds to the bank account or Paypal account used by the customer when making the purchase will be made within a period of 7 working days from the date the product is received by emaletas.com. If a credit card has been used, the refund will be made at the end of the month in question. The amount of the refund will be equal to the purchase price of the product returned, excluding possible delivery charges. In the event of faulty goods or goods which do not correspond to the order made by the customer, the delivery charges will be met by emaletas.com. If the customer has used gift vouchers or promotional vouchers for the purchase, these will be re-credited to their account.
In accordance with Spanish Law 23/2003, dated 10 July, on the Sale of Consumer Goods and Associated Guarantees, the distributor will deal with any issues raised by the consumer arising from the delivery of goods, recognising the rights of the consumer as being entitled to repaired goods, replacement products, a price reduction or the right to the terminate the contract. As Emaletas.com acts a representative of professional suppliers who guarantee that all of the products which are sold on the web page of emaletas.com are in fine working order and do not show any sign of faults or hidden problems, the contractual guarantee offered is the guarantee provided by the supplier. The length of these guarantees is clearly stated in the product description. Likewise, upon receipt of the goods, the customer will receive, from the supplier, an instruction manual for the correct use of the product and all of the information regarding the guarantee. In the event the product ceases working, the customer should go to the closest customer service or after sales service centre of the manufacturer of the product received. The guarantee will not apply in the event of faults or problems caused by external factors, accidents, installation and use which does not comply with the supplier instructions.
10.- Amendments to the General Terms and Conditions of Sale
Emaletas.com reserves the right to amend the General Terms and Conditions of Sale, without prior notice, being able to change, replace or add information to the contents and services it offers as well as the way they are presented or found on its servers. These changes should be accepted by the user each time a purchase is made through the web page Emaletas.com. The customers of Emaletas.com who do not agree to the amendments made to the general terms and conditions, should notify us immediately and refrain from using the services of emaletas.com from the date on which the new version comes into force. In the event any of the general terms and conditions of sale is declared illegal or not imposable by law, the other contents will remain in force.