Purchase conditions

These general terms and conditions are applicable to all commercial transactions carried out on our website, www.ellebogen.com, a domain owned by ELLEBOGEN S.L., a company legally incorporated in Spain (CIF: B01914431).

ELLEBOGEN S.L. reserves the right to modify the commercial offer of the website (modifications on products, prices, promotions and other commercial and service conditions) at any time, although such modifications will not apply to the contracts already made.

 

ELLEBOGEN S.L. strives daily to offer the information truthfully and without typographical errors. In the case that at any time there is an error of this type apart from the wish of ELLEBOGEN S.L., it will be immediately corrected.

 

Preliminary conditions

These conditions of sale apply to all sales of items, which have been made through the site www.ellebogen.com. By placing an order, you warrant to us that you are over the age of 18 and that you have the legal capacity to enter into binding contracts. Orders may only be placed to purchase goods without the intention of resale. Any resale or distribution of products purchased through the website is strictly prohibited. We reserve the right to cancel fraudulent, false or speculative orders as well as those orders that have been requested by a customer with whom there may be a difference / controversy in previous orders, or when there are reasonable doubts that may make us think that the customer is violating any of the conditions of sale specified or is participating in any criminal activity. We may update these terms of sale at any time. You will be able to consult and print the updated version of these „Conditions of Sale“.

 

Identification and activity of ELLEBOGEN S.L.

ELLEBOGEN S.L. with address at AVENIDA DE TOLOSA 3 8B, 20018 DONOSTIA-SAN SEBASTIAN, (GIPUZKOA – Spain), (CIF: B01914431), registered in the Mercantile Registry of San Sebastian, Volume: 2966, Book: 0, Folio: 38, Sheet: SS-43079, Inscription 1ª, in compliance with the provisions of Law 34/2002, of July 11, services of the Information Society and Electronic Commerce, informs that it is the owner in full domain of this website www.ellebogen.com

 

Users

The access and/or use of this portal attributes to you the condition of USER, who accepts, from said access and/or use, the General Conditions of using reflected here. The conditions mentioned before will be applicable regardless of the Contracting Conditions that may be mandatory.

Use of the portal

The website provides access to a multitude of information, services, programs or data (hereinafter, „the contents“) on the Internet belonging to ELLEBOGEN S.L. or its licensors to which the USER may have access. The USER assumes responsibility for the use of the portal. This responsibility extends to the registration that is necessary to access certain services or contents.

In this registration the USER will be responsible for providing truthful and lawful information. As a result of this registration, the USER can be provided with a password for which he will be responsible, committing himself to make diligent and confidential use of it. The USER undertakes to make appropriate use of the contents and services that ELLEBOGEN S.L. offers through its portal and with an enunciative but not limiting character, not to use them to:

1. 1. Engaging in activities that are unlawful, illegal or contrary to good faith and public order.

 

1. 1. Disseminate content or propaganda of a racist, xenophobic, pornographic-illegal, terrorist or against human rights.

 

1. 1. Cause damage to the physical and logical systems of ELLEBOGEN S.L., its suppliers or third parties, introduce or spread computer viruses or any other physical or logical systems that may cause the aforementioned damage.

 

1. 1. Attempt to access and, where appropriate, use the e-mail accounts of other users and modify or manipulate their messages. ELLEBOGEN S.L. reserves the right to remove any comments and contributions that violate human dignity, that are discriminatory, xenophobic, racist, pornographic, that violate youth or childhood, public order or safety or that, in its opinion, are not appropriate for publication. In any case, ELLEBOGEN S.L. shall not be responsible for the opinions expressed by users through forums, chats or other participation tools.

 

 

Intellectual and industrial property

 

ELLEBOGEN S.L. will be the owner of all the intellectual and industrial property rights of its website, as well as the elements contained in it (for example, images, sound, audio, video, software or texts; trademarks or logos, combinations of colors, structure and design, selection of materials used, computer programs necessary for its operation , access and use, etc.).

All rights reserved. By virtue of the provisions of articles 8 and 32.1, second paragraph, of the Law on Intellectual Property, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this website, for commercial purposes, in any medium and by any technical means, are expressly prohibited. , without the authorization of ELLEBOGEN S.L.. The USER undertakes to respect the intellectual and industrial property rights owned by ELLEBOGEN S.L. You may view the elements of the portal and even print, copy and store them on the hard drive of your computer or on any other physical support as long as it is solely and exclusively for your personal and private use. The USER must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the pages of ELLEBOGEN S.L.

 

Links

In the case that the website features links or hyperlinks to other Internet sites, ELLEBOGEN S.L. will not exercise any type of control over said sites and contents. In no case will ELLEBOGEN S.L. assume any responsibility for the contents of any link belonging to a third part website, nor will it guarantee the technical availability, quality, reliability, accuracy, amplitude, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other Internet sites.

Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.

 

Online sales system

To make a purchase, the user must add in their „shopping cart“ the items they want to purchase and follow the steps of the purchase process that are defined on our website. At the end of this process, which includes the registration process on the web to be able to identify the buyer, the order is sent electronically to ELLEBOGEN S.L. to be processed. The customer will receive a confirmation via email for information that their order has been received. On the orders placed, these general conditions of contract apply.

 

Confirmation and order cancellation

Prior to the completion of the order by you on the website, you can review the details associated with it (amounts broken down into all the necessary headings, taxes, transport costs, selection of items, etc.), being able to correct what you consider necessary. In case of wanting to cancel or modify the order you must contact us. The order can only be modified or cancelled if the item has not entered the shipping phase from our warehouses.

Applicable taxes

The prices of the products displayed on the website of ELLEBOGEN S.L., include the Value Added Tax (VAT) that, where appropriate, is applicable. Purchases made by natural or legal persons resident in states not members of the European Union shall be exempt from VAT.

Payment Methods

When placing the order, the customer can freely choose to pay for the purchases made by credit card (MasterCard, Visa and Visa Electron), PayPal. In certain circumstances and to prevent possible frauds ELLEBOGEN S.L. reserves the right to request a specific form of payment from a customer in the event that the identity of the buyer is not reliably proven.

Delivery method and costs

ELLEBOGEN S.L. sends orders to its customers through the transport company DHL or other similar transport companies. The date of delivery to the customer’s home depends on the availability of the chosen product and the shipping area. The delivery deadlines and commitments as well as the current shipping rates are available in the section of our website Ports and Delivery Times. Shipments and delivery times

 

Buyer’s rights and return policy

The client will have a period of 14 calendar days to exercise their right of withdrawal. You can access the withdrawal form through the following link. The client will communicate to ELLEBOGEN S.L. within the stipulated period and by any means admitted by law, his desire to exercise the right of termination of the contract.

The return conditions are as follows:

1. 1. You have a period of 14 calendar days from the date of receipt to exercise your right of withdrawal. You can download the withdrawal form  here.
   2. Almost all products that are returned in exercise of the right of withdrawal can be returned or changed while they are unused and in perfect condition, including their accessories and documentation.
   3. The shipping costs for the return of the products in exercise of the right of withdrawal will be borne by the customer.
   4. Once the product is in our warehouses and we have verified that it is in the same state in which it was delivered, the refund is made to the same form of payment with which the purchase was made. If any element of the product is missing or is not in the agreed state, you will be deducted from the amount to be returned. You will only be responsible for the decrease in value of the products resulting from a manipulation other than that necessary for the mere verification of the good condition of the product. From the moment of receiving it until the money is back in your account, no more than 14 calendar days will pass.
   5. Product that, by mistake, does not correspond to the order placed: ELLEBOGEN will bear the costs of collecting the wrong product and delivering the corresponding one to the order placed.

1. 1.  

 

If a product other than the one requested by the customer is delivered by mistake of ELLEBOGEN S.L., we will remove it and you will be given the correct product without any additional charge.

For any incident related to the return of items from our store you can contact our customer service department via email: online@ellebogen.com  or by phone +1 929 419 2347.

The European Commission has launched a dispute resolution platform that collects complaints from consumers, after an online purchase and transmits them to mediators for an out-of-court resolution. This platform is accessed at this link http://ec.europa.eu/consumers/odr/

 

Warranty of goods

In case of defective product, the return will be free for the customer. This free of charge shall include the costs of collecting the defective part and the shipping costs of the replacement part. The customer must inform the seller of the lack of conformity within two months of becoming aware of it.

 

Users and/or clients obligations

The user and/or client of www.ellebogen.com  website undertakes at all times to provide truthful information about the data requested in the user registration form, and to keep them updated at all times.

Likewise, you agree to keep confidentially and with the utmost diligence your personal access codes to our website.

In the event of the sale or marketing of products on our website that require the buyer to be a certain age according to the current legislation of their country of origin, the buyer states that he meets this requirement to formalize the purchase.

Security and confidentiality

ELLEBOGEN S.L. guarantees users of the website that it complies with the EU General Data Protection Regulation (RGPD) 2016/679, and that it has established the security measures required by laws and regulations aimed at preserving the secrecy, confidentiality and integrity in the processing of their personal data.

Such personal data will be used in the manner and with the limitations and rights granted by the protection of personal data.

The collection and processing of the personal data requested is intended to care for the user, both administrative and commercial. ELLEBOGEN S.L. undertakes to keep the utmost reserve, secrecy and confidentiality about the information of the personal data that it has at its disposal. You have the right to obtain confirmation as to whether ELLEBOGEN S.L. is processing your personal data, therefore you have the right to access your personal data, rectify inaccurate data or request its deletion when the data is no longer necessary for the purposes for which it was collected. You can see that we comply with all the necessary rules in our privacy policy section.

 

Commercial communications

By registering as an ELLEBOGEN customer, you have the option to agree to receive our newsletters. By accepting, you allow ELLEBOGEN to periodically send you notifications via email. ELLEBOGEN will offer in each notification sent the possibility to unsubscribe automatically. Likewise, the client will always have the option to unsubscribe from his personal client area. ELLEBOGEN, will never send notifications to unenrolled users to their notifications.

ELLEBOGEN will never transfer its DATABASE to third parties and undertakes to store and process your personal data with the necessary security measures to prevent unauthorized persons from accessing them. However, ELLEBOGEN reserves the right to send specific offers to its users via email, which third-party companies make to ELLEBOGEN’s customers exclusively.

 

Electronic invoice and paper invoice

The shipment of the invoice of the order will be made by email, like all correspondence about the order with the customer. You can also download the invoice, as many times as you need, from your customer area by entering My Account > My Orders > the order for which you need an invoice. If you want us to send it to you on paper, please contact the Customer Service team and we will send it to you by postal mail without problems.

 

Partial nullity

If any part of these conditions of services is contrary to law and, therefore, invalid, this will not affect the other provisions in accordance with the law. The parties undertake to renegotiate those points of the terms of service that are null and void and to incorporate them into the rest of the terms of service.

 

Modification of conditions of sales

ELLEBOGEN S.L. reserves the right to modify the general conditions of sale without prior notice, being able to change, delete or add both the contents and services provided through it and the way in which they appear presented or located on its servers. These changes must be accepted by the user each time he makes a purchase through the web. Customers who are not satisfied with the modifications of the general conditions, must notify it and, from the date on which the new version will enter into force, they must stop using the services of the web. In the event of some of the terms of the general conditions of sale are declared illegal or non-enforceable by a court decision, the other provisions will remain in force.

Right of exclusion

ELLEBOGEN S.L. reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who fail to comply with these General Conditions of Sale.

 

General

ELLEBOGEN S.L. will pursue the breach of these conditions, as well as any improper use of its portal by exercising all civil and criminal actions that may correspond to it by law.