GENERAL CONDITIONS OF SALE

Introduction This contractual document will govern the General Conditions of Sale (hereinafter, “Conditions”) of the products offered through the website https://ecosistemavalencia.es/, owned by ECOSISTEMA VALÈNCIA, whose contact details also appear in the Legal Notice of this website.

These Conditions may be modified at any time. It is the responsibility of the USER to read them periodically, as those in force at the time of placing orders will be applicable.

Acceptance of this document implies that the USER:

  • You have read, understand and comprehend the above.
  • A person with sufficient capacity to contract.
  • It assumes all the obligations set forth herein.

These conditions will be valid for an indefinite period of time and will be applicable to all contracts made through the ECOSISTEMA VALÈNCIA website.

ECOSISTEMA VALÈNCIA informs that the shop is responsible and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were purchased prior to the modification.

We recommend that you keep these general conditions of sale on a durable medium, to access the contract click here  . ECOSISTEMA VALÈNCIA will not keep the contract.

Identity of the contracting parties

On the one hand, the supplier of the products contracted or acquired by the USER is:

  • Proprietor: LEGADO SHARPE & FISCHER S.L.
  • VAT NO: B40548455
  • Commercial name: ECOSISTEMA VALÈNCIA
    Address: Av. Fuente del Oro, 13. Av. Urbanización El Paraíso , 46119 Náquera (VALÈNCIA).
  • Registered in the (Trade/Public) Register: Registro Mercantil de VALENCIA T 10607, L 7888, F 178, S 8, H V 185601, I/A 1 (17.01.19)
  • Customer service e-mail: dfischer@legadosharpefischer.eu.
  • Complaints e-mail address: info@legadosharpefischer.eu.
  • Web: https://ecosistemavalencia.es/

On the other hand, the USER, who may be registered on the website by means of a user name and password (for which he/she has full responsibility for use and custody), and is responsible for the veracity of the personal data provided to ECOSISTEMA VALÈNCIA, responsible for the data provided to ECOSISTEMA VALÈNCIA for the supply of the selected products.

Object of the contract

The purpose of this contract is to regulate the contractual relationship between ECOSISTEMA VALÈNCIA and the USER at the moment in which the USER accepts during the purchase process, the corresponding box for the purchase of the article.

The contractual purchase and sale relationship involves the delivery, in exchange for a specific price and publicly displayed on the website, of a specific product or service.

Recruitment procedure

The USER, in order to access the products or services offered by ECOSISTEMA VALÈNCIA, must be of legal age and may register through the website by creating a user account (or purchase without registering). To browse our website, it is not necessary to provide personal data, but in order to place an order, you must provide personal data.

Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be processed in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and the Privacy Policy of this website.

On creating an account, the USER will select a user name and password, undertaking to make diligent use of them and not to make them available to third parties, as well as to notify ECOSISTEMA VALÈNCIA of the loss or theft of them or possible access by an unauthorised third party, so that the latter may proceed to block them immediately.

We inform you that in accordance with the requirements of article 27 of Law 34/2002, on Information Society Services and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. GENERAL TERMS AND CONDITIONS OF SALE

Unless otherwise stipulated in writing, placing an order with ECOSISTEMA VALÈNCIA implies acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of ECOSISTEMA VALÈNCIA if it has not been expressly accepted in advance and in writing by ECOSISTEMA VALÈNCIA.

2.   PURCHASING PROCESS

The USER can place an order online through the website https://ecosistemavalencia.es/, following the established purchase procedure.

The purchase process will follow the following steps:

  1. Add the desired product(s) to your basket.
  2. We will ask you for your personal and/or billing details.
  3. Depending on the destination you choose, you will be charged different shipping costs.
  4. Selection of the payment method.  Before making the payment, we will ask you to accept these general terms and conditions, thus formalising them. No order will be dispatched until payment has been received. In the case of bank transfer, you must send us the receipt within a maximum of 3 working days. If we do not receive your bank transfer or proof of payment within this period, we will cancel your order.
  5. Once the order has been processed, the system instantly sends an e-mail to the USER’s e-mail address confirming that the order has been placed.
  6. Once your order has left our premises, we will notify you by email.

Failure to perform the contract remotely

In the event of not being able to execute the contract because the contracted product or service is not available within the foreseen period, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to ECOSISTEMA VALÈNCIA.

ECOSISTEMA VALÈNCIA will not assume any responsibility when the delivery of the product or service does not take place, due to the data provided by the USER being false, inaccurate or incomplete.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER’s disposal and the USER, or the USER’s delegate, has signed the delivery receipt document.

ECOSISTEMA VALÈNCIA will be liable to the USER for any lack of conformity that exists at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of said lack of conformity, the reduction of the price or the termination of the contract. In any of these cases, the USER may also demand compensation for damages, if applicable.

The USER will have the right to suspend payment of any outstanding part of the price of the product purchased until ECOSISTEMA VALÈNCIA complies with the obligations established in this contract.

It is the USER’s responsibility to check the products on receipt and to state any reservations and complaints that may be justified in the delivery receipt document.

In the event that the contract does not involve the physical delivery of any product, but a download activation on a website, ECOSISTEMA VALÈNCIA will previously inform the USER of the procedure to be followed to carry out this download.

If you notice any errors that cannot be corrected, please send an email to dfischer@legadosharpefischer.eu.

3.   RIGHT OF WITHDRAWAL

The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the purchase contract if it is a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If ECOSISTEMA VALÈNCIA does not comply with the duty to provide information and documentation on the right of withdrawal, the period for its exercise will end twelve months after the expiry date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here.

In view of paragraph d) The supply of goods that are likely to deteriorate or expire quickly, this does not apply to books purchased in paper form.

Refunds and cancellations:

We accept the cancellation of any order, as long as it has not been shipped or processed.

If you have received an erroneous order, ECOSISTEMA VALÈNCIA will be responsible for exchanging the product at no charge to you.

Defective products

If you have received a defective product, you should contact us as soon as you have received it (if always within the first 3 working days). We will ask you for photographs of the condition of the product and the deficiency and will contact you.

To do so, please write to us at dfischer@legadosharpefischer.eu.

In the case of restitution of the defective product, the costs will be borne by ECOSISTEMA VALÈNCIA. We will tell you how to proceed.

Errors in the order

If you are confused when placing your order, please contact dfischer@legadosharpefischer.eu as soon as possible.

4.   COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

We welcome your comments and suggestions. Please send us such comments and suggestions, as well as any queries, complaints or claims, via our contact form.

In addition, we have official complaint forms available for consumers and users.

Your complaints and claims to our customer service will be dealt with as quickly as possible and, in any case, within the legally established time limit.

If you as a consumer feel that your rights have been violated, you can send us your complaints via the e-mail address dfischer@legadosharpefischer.eu in order to request an out-of-court settlement of disputes.

You can make your complaint at the following address:

  • Postal: LEGADO SHARPE & FISCHER S.L, Av. Fuente del Oro, 13. Av. Urbanización El Paraíso , 46119 Náquera (VALÈNCIA)
  • Telephone: +34 608 908 573
  • E-mail: info@legadosharpefischer.eu.

Online Dispute Resolution (Online Dispute Resolution)

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and ECOSISTEMA VALÈNCIA, without the need to resort to the courts of justice, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.


 Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. PRICE AND PERIOD OF VALIDITY OF THE OFFER

In accordance with the provisions of article 68 of Law 37/1992, of 28 December, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory except for the Canary Islands, Ceuta and Melilla (if applicable depending on the product). The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

The prices of the items ordered shall include the corresponding tax at all times (if applicable).

Other items, such as shipping, may be added to the price of the item. The additional cost of these items will be indicated on our website.

No fees or duties to be borne by the purchaser are included.

For orders from outside Spain, the corresponding tax and/or VAT regulations apply.

By accepting these general terms and conditions you agree to receive the invoice in electronic format when you place your order. We will send you the order confirmation email together with your invoice. You may revoke your consent at any time and request a paper invoice and we will send it with your order.

For any information about the order, the USER may contact via e-mail at dfischer@legadosharpefischer.eu.

6. SHIPPING. PREPARATION AND SHIPPING TIME AND COSTS

Shipping costs:

ECOSISTEMA VALÈNCIA delivers throughout Spain and abroad.

Depending on the chosen destination and the quantity ordered, the shipping cost will vary. You will be able to see the cost of your delivery in your basket when you simulate your order.

Preparation and processing time of your order:

  • For deliveries within the peninsula, we will prepare your order in 1 or 2 working days. The delivery time will be 48/72 working hours from preparation.
  • For shipments outside the peninsula and abroad, we will prepare your order in 1 or 2 working days. The delivery time will depend on the chosen destination.

In the event of difficulties in the supply of the selected product, ECOSISTEMA VALÈNCIA will inform the USER as soon as possible.

ECOSISTEMA VALÈNCIA will not send any order until it has verified that payment has been made.

If the USER refuses to collect the shipment, ECOSISTEMA VALÈNCIA may demand the return transport costs incurred.

7.  PAYMENT METHODS

The USER can choose between the following payment methods:

  • VISA or MASTERCARD credit card, through a bank gateway to guarantee the security and confidentiality of the transaction.
  • Bank transfer.

Security measures:

The website uses industry-standard information security techniques such as firewalls, access control procedures and cryptographic mechanisms to prevent unauthorised access to data.

To achieve these purposes, the user/USER accepts that ECOSISTEMA VALÈNCIA obtains data for the purpose of the corresponding authentication of the access controls.

ECOSISTEMA VALÈNCIA undertakes not to allow any transaction that is or is considered illegal by the credit card brands or the acquiring bank, which may or has the potential to damage their goodwill or negatively influence them.

The following activities are prohibited under the card brand programmes: the sale or offer of a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

8. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. Performance of the obligation shall be delayed until the cessation of the force majeure event.

9. COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale. Should any stipulation of these conditions be considered null and void or impossible to fulfil, the validity, legality and fulfilment of the rest shall not be affected in any way, nor shall they be modified in any way. The USER declares that he/she has read, knows and accepts these Conditions in their entirety.

10. GENERAL INFORMATION ABOUT THE OFFER

All sales and deliveries made by ECOSISTEMA VALÈNCIA will be understood to be subject to the present Conditions. No modification, alteration or agreement contrary to the Commercial Proposal of ECOSISTEMA VALÈNCIA or to what is stipulated here, will have any effect, unless expressly agreed in writing signed by ECOSISTEMA VALÈNCIA, in this case, these particular agreements will prevail.

11.  APPLICABLE SAFEGUARDS

The guarantees will respond to what is regulated in the Title referred to “Guarantees and after-sales services” of the Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, which you can access by clicking here.

12.  APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by or interpreted in accordance with Spanish legislation in all matters not expressly established. Any dispute that may arise from the provision of the products or services covered by these Conditions shall be submitted to the courts and tribunals of the USER’s domicile, the place of fulfilment of the obligation or the place where the property is located if it is immovable.

However, the USER, by accepting these general conditions, accepts, whenever possible, the resolution of conflicts through the use of online litigation specified in the section on CLAIMS.

13. OTHER

ECOSISTEMA VALÈNCIA may, at any time and without prior notice, modify these General Conditions by publishing these modifications on the website so that USERS are always aware of them before visiting the Portal or purchasing the goods offered. The USER acknowledges that the acceptance of these conditions implies the use of the services and the Portal in accordance with the Law. The use of the Website for illegal purposes or purposes not authorised by these terms and conditions is prohibited.

All the marketing contained on the website, as well as its graphic design and the codes used, are protected by copyright or other protection rights included in the Royal Legislative Decree 1/1996, of 12 April, which approves the Revised Text of the Intellectual Property Law. These rights belong exclusively to ECOSISTEMA VALÈNCIA, therefore, any act of reproduction, distribution, transformation or public communication is expressly excluded, as well as any type of transfer, of all or part of the content of this site, and in general of any object that according to current legislation is protectable by the rules of intellectual property.

All trademarks, logos and anagrams shown on this site are the property of ECOSISTEMA VALÈNCIA. It is expressly forbidden to use, without prior consent, any element of the website that is subject to protection in accordance with current legislation on industrial property. In particular, trademarks, trade names, shop signs, names, logos, slogans or any type of distinctive sign belonging to ECOSISTEMA VALÈNCIA may not be used without the written permission of ECOSISTEMA VALÈNCIA.

All marketing published by ECOSISTEMA VALÈNCIA in any advertising medium, whether its own or that of third parties, especially those referring to banners, electronic communications by e-mail, or any other, and which contain any typographical error, whether involuntary or due to manipulation by third parties, are of no value, and in case of doubt it is recommended that users confirm the data through ECOSISTEMA VALÈNCIA’s personal channels, such as e-mail or telephone.

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