Terms of Use – Online Store
This document establishes the General Terms and Conditions of Contracting for the website eladio.gal, which aims to sell products from almacenes eladio, s.a. (hereinafter, almacenes eladio, s.a.), with NIF A 15081557 and located at Rúa de Castelao, 27, 15900 Padrón – A Coruña, for individuals or legal entities (hereinafter, contracting party or user) who express their intention to purchase the products made available to them in the eladio.gal website store through electronic means, specifically via the internet through this website owned by almacenes eladio, s.a.
1.- CONTRACTUAL INFORMATION AND DOCUMENTATION. ACCEPTANCE OF THE CONTRACT
These General Terms and Conditions of contracting are permanently displayed on the eladio.gal website, owned by almacenes eladio, s.a., so that any user can save, print, and therefore be informed in advance of the conditions under which the contracting of the store's products (hereinafter, the product) will be carried out.
These General Terms and Conditions are reiterated along with a summary of the specific request – specific contracted product/s, cost with indication of taxes if applicable, shipping costs, etc. – for express acceptance by the contracting party through a "I have read and accept the terms and conditions" click, each time a specific request is made through the website.
It is not technically possible for the contracting party to complete the request without having accepted these General Terms and Conditions. For the contracting party to accept and therefore make the request, they must provide their data when placing the order on eladio.gal, at which time they accept these Conditions and the Privacy Policy of the website.
By accepting these Conditions, the contracting party gives their express and unreserved consent for almacenes eladio, s.a. to carry out the necessary collection operations for the acquisition of the contracted product, expressly authorizing almacenes eladio, s.a. to make charges through the payment methods selected or entered from the secure area enabled for this purpose, in accordance with payment services regulations.
These General Terms and Conditions together with the specific request made through the internet by the contracting party – also referred to as "particular conditions" – constitute the content of the contract between almacenes eladio, s.a. and the contracting party who declares to have sufficient capacity to contract and to have read, understood, and accepted these conditions.
almacenes eladio, s.a., at the time of contracting and within no more than twenty-four hours, will send to the email address associated with the contracting party’s account a confirmation of the completed order.
The contracting party will permanently have these General Terms and Conditions available on the website. Any subsequent modification of these General Terms and Conditions will be clearly displayed in an easily accessible place on the eladio.gal website. All the aforementioned documentation may be printed and filed by the contracting party and may be requested at any time from the Customer Service, via email to info@eladio.gal or by calling +34981810959.
Any request for information, or claim deemed appropriate, may be addressed to the Customer Service at the contact details identified in the previous paragraph. The Service will acknowledge receipt of the presented claim by sending the relevant receipt – with the corresponding identification key – to the email address that must be provided to the Customer Service to process the claim.
2.- PURPOSE
Under this contract, almacenes eladio, s.a. undertakes to deliver to the contracting party the product that has been requested through the eladio.gal website in exchange for a certain price and in accordance with the conditions established in this document.
3.- RIGHTS AND OBLIGATIONS OF almacenes eladio, s.a.
3.1. Product Delivery
almacenes eladio, s.a. undertakes to deliver the product in perfect condition to the address indicated by the contracting party in the order form where the particular conditions attached to these general conditions are included. almacenes eladio, s.a. will not be responsible for errors caused in the delivery when the data entered by the contracting party in the order form does not correspond to reality or has been omitted.
Unless otherwise agreed by the parties, almacenes eladio, s.a. will deliver the product by transferring its material possession or control to the contracting party, without undue delay and in accordance with the timeframes indicated on the website, which in no case will exceed thirty calendar days from the conclusion of the contract.
Items purchased on eladio.gal will be shipped via Nacex. The shipment will be certified with an assigned number to facilitate customer tracking through the Nacex website. (tracking conditions subject to the type of company contracted)
3.2. Responsibility of almacenes eladio, s.a.
almacenes eladio, s.a. will not be responsible for:
- Errors, delays in access by the contracting party when entering their data in the order form, slowness or inability to confirm the order, or any anomaly that may arise when these incidents are due to problems on the Internet, force majeure or any other unforeseeable contingency beyond the good faith of almacenes eladio, s.a. In any case, almacenes eladio, s.a. undertakes to solve problems that may arise and to offer all necessary support to the contracting party to reach a quick and satisfactory solution to the incident.
- Errors or damages caused by inefficient and bad faith use of the product by the contracting party.
- The non-operational nature of the email address provided by the contracting party for sending the order confirmation.
3.3. Procedure for Returns
almacenes eladio, s.a. is fully responsible for the quality of the product, accepting its return as long as it is defective or does not reach the contracting party in proper condition. almacenes eladio, s.a. will cover the costs incurred as a result of such return as long as the contracting party communicates this fact within a maximum period of fourteen calendar days from the date of delivery and the product has not been consumed or altered in any way. almacenes eladio, s.a. is exempt from all liability regarding possible breakages or defects of the product occurring after delivery. Likewise, almacenes eladio, s.a. will have no responsibility for any product that has already been consumed or used without any incident by the contracting party who intends to make a claim.
The contracting party must check that the product is delivered in perfect condition before signing the delivery receipt. If they give their consent at the time of delivery, it is understood by both parties that the product was delivered correctly and that therefore, any possible deterioration occurs after delivery.
The contracting party expressly waives the right to claim any contractual or extra-contractual liability for any possible damages or harm arising from what is indicated in this clause. In any case, the liability of almacenes eladio, s.a. if it breaches what is stated in this agreement according to the terms of these general conditions will be limited to the return of the amount that may have been paid by the contracting party in relation to the product and always subject to the return by the contracting party of the product in question.
The contracted product is covered by the conformity guarantee provided by law. If the product does not conform to the contract, the contracting party may choose to demand the replacement of the product, or, if applicable, a price reduction or contract termination, in the legally established terms.
4.- RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTY
4.1. Payment
The contracting party undertakes to pay the amount for the product effectively requested in the quantity and form established in these Conditions.
This website has an SSL (Secure Socket Layer) security certificate. This security standard allows data transfer in a secure and encrypted manner between the user and the website. When a secure connection is established, it is because the following is fulfilled:
- The security certificate guarantees the authenticity of the website (it is not a fake website).
- It encrypts the information transferred from the user's browser to the web server hosting the page.
4.1.1. Amount
The remuneration for the product effectively requested by the contracting party will be the one indicated on the website and the one appearing in the specific request of the contracting party at any time (except in the case of typographical or manifest error); requests that will constitute the particular conditions of the order. The price of the product displayed on the website is always indicated in euros with taxes included.
If an error occurs in the price of the product requested by the contracting party, almacenes eladio, s.a. will inform them as soon as possible and give them the option to reconfirm the order at the correct price or cancel it. If contact with the contracting party cannot be made, the order will be considered canceled and the amounts paid will be fully refunded, without any right to compensation.
The final full price will include: taxes or fees, the amount of applicable increases or discounts on the offer, and additional costs – for example, those associated with transportation, payment methods, etc. – which will be expressly accepted by the contracting party.
almacenes eladio, s.a. will issue the corresponding invoice for the contracted product detailing all the concepts that comprise it. The contracting party expressly consents to the electronic issuance of the invoice, to the email address provided when processing the order. At any time, the contracting party can communicate their desire to receive paper invoices by contacting Customer Service.
4.1.2. Payment Methods
The contracting party must pay the amount corresponding to the contracted product using one of the payment methods available on the almacenes eladio, s.a. website. almacenes eladio, s.a. only accepts payments made using the payment methods listed on the website (bank transfer, card payment).
The website complies with the standards related to SSL protocols. This ensures a secure and private transaction, guaranteeing the customer that almacenes eladio, s.a. cannot access or store any data provided by the customer when making a payment using the virtual POS.
The additional costs associated with the selected payment methods must be paid and confirmed separately under the terms indicated on the website.
4.2. Withdrawal
The contracting party, who qualifies as a consumer under current legislation, can withdraw from the contract made on eladio.gal without justification, within fourteen calendar days from the day of delivery of the last of the products included in the contract.
The withdrawal will not apply to products made according to the contracting party’s specifications and clearly personalized.
To exercise the right of withdrawal, the contracting party must notify their decision to withdraw from the contract through an unequivocal statement to: almacenes eladio, s.a., at Rúa de Castelao, 27, 15900 Padrón – A Coruña, or info@eladio.gal, indicating that they withdraw from the contract and providing the following details: order reference, date of receipt, name and surname of the contracting party, and their address. They may also use the model withdrawal form provided in the current consumer protection regulations. If the withdrawal is submitted on paper, it must be duly signed by the contracting party. To meet the withdrawal deadline, it is sufficient for the notification to be sent before the deadline expires.
In case of withdrawal by the contracting party, almacenes eladio, s.a. will refund all payments received, including – if applicable – delivery costs (except for additional costs resulting from the contracting party’s choice of a delivery method other than the least expensive ordinary delivery method offered by almacenes eladio, s.a.), without undue delay. The refund will be made using the same payment method used for the initial transaction, unless expressly agreed otherwise. The contracting party will not incur any fees as a result of the refund. almacenes eladio, s.a. may withhold the refund until the products are received or until proof of return is provided.
The contracting party must return or deliver the products directly to almacenes eladio, s.a., at Rúa de Castelao, 27, 15900 Padrón – A Coruña, without undue delay and in any case no later than fourteen calendar days from the date on which they communicate their decision to withdraw from the contract. The deadline is met if the products are returned before the period ends. The contracting party must bear the direct cost of returning the products. The return cost will depend on the transportation and/or courier company selected by the contracting party to return the product.
4.3. Responsibility of the Contracting Party
The contracting party assumes all risks of deterioration, impairment, damage, and loss of the product from the moment it is made available to them by the third party that, on behalf of almacenes eladio, s.a., delivers the requested product.
The contracting party is responsible for the decrease in value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the products.
The contracting party undertakes to check the good condition of the product with the third party that, on behalf of almacenes eladio, s.a., delivers the requested product, before signing the delivery receipt.
5.- TERMINATION
almacenes eladio, s.a. and the contracting party may terminate this contract for any of the causes established by law and in particular for non-compliance with these General Conditions. The contract may be terminated by contacting the other party at: the postal address provided by the contracting party when contracting the service, and at the address of almacenes eladio, s.a., properly identifying the contract to be terminated.
6.- COPYRIGHT AND TRADEMARK
almacenes eladio, s.a. informs that the proprietary content, programming, and design of the eladio.gal website are fully protected by copyright, expressly prohibiting any reproduction, communication, distribution, and transformation of the protected elements unless expressly authorized by almacenes eladio, s.a.
almacenes eladio, s.a. may use external sources for content preparation on certain occasions and/or establish links or hyperlinks to third-party articles or information, always citing the source. The legitimate holder of the copyright of this included information may request the removal of such references at any time.
7.- DATA PROTECTION
The data provided by the contracting party in accordance with these General Conditions will be processed under the terms stipulated in the Privacy Policy published on the website.
8.- JURISDICTION AND APPLICABLE LAW
These general conditions are governed by Spanish law. The courts of A Coruña have jurisdiction to resolve any controversy or conflict arising from these general conditions, with the contracting party expressly waiving any other jurisdiction that may apply. Consumers can use the extrajudicial dispute resolution platform for online contracts accessible via the following link: http://ec.europa.eu/odr.
9.- OTHER
If any clause of this document is declared null and void, the remaining clauses will remain in effect and will be interpreted considering the will of the parties and the purpose of these conditions. This contract is made solely in Spanish. almacenes eladio, s.a. may choose not to exercise some of the rights and powers granted in this document, which will not imply in any case the waiver of them unless expressly acknowledged by almacenes eladio, s.a.