General conditions

GENERAL TERMS AND CONDITIONS OF PURCHASE

TERMS AND CONDITIONS

INTRODUCTION

The service provider is ELEMENTAL FACTORY, SL. (hereinafter, ANDAM) with registered office at C/ MILA I FONTANALS, 82 – CP 08205 SABADELL (BARCELONA) with telephone number 937 20 63 00 and email clientesonline@andam.es, with tax identification number B59165548, and registered in the Mercantile Register of Barcelona, Volume 46,141, folio 101, sheet B-55,056.

This document regulates the conditions governing the acquisition of products offered by ANDAM through this website.

In addition to reading these Conditions, before accessing, browsing and/or using this website, the user must read the Legal Notice, the Privacy Policy and the Cookies Policy. By using this website, by making and/or requesting the acquisition of products through it, the user consents to be bound by these conditions and by all the aforementioned, so, if you do not agree with all of them, you should not use this website.

ANDAM reserves the right to modify these purchase conditions without prior notice, being able to change, delete or add both the contents and products offered through it, as well as the way in which they are presented or located on its servers. The user is responsible for consulting these conditions each time they access and/or browse this website as those in force at the time the acquisition of products is requested will be applicable. You can always consult and print the updated version by clicking on the "Purchase conditions" link.

Orders can only be placed to purchase products for non-resale purposes. 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 placed by a customer with whom there may be some difference/controversy in previous orders, or when there are reasonable doubts that may lead us to believe that the customer is violating any of the specified purchase conditions or is participating in any criminal activity.

USER OBLIGATIONS

Accessing, browsing and using the website confers the status of user, so all the Conditions established herein are accepted from the moment browsing begins.

By placing an order, the user guarantees that they are over 18 years of age and have the legal capacity to enter into binding contracts.

As a user, you are obliged to provide ANDAM with all the necessary data for accessing and using the services of this website. These must be truthful, lawful and current, and you also consent that we may use them to contact you if necessary.

It is essential that you provide all the information we categorize as mandatory, as otherwise we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of errors or omissions in this data.

The user must make appropriate use of the services included on the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.

The website is primarily aimed at users residing in Spain. ANDAM does not guarantee that the website complies with the laws of other countries, either totally or partially. ANDAM disclaims any responsibility that may arise from such access.

The user may formalize the product purchase and sale contract with ANDAM in Spanish.

SECURITY MEASURES

We will establish all reasonable mechanisms at our disposal to ensure that your personal data is kept secure at all times. However, you accept that no data transmission over the Internet can be guaranteed as secure from access by unauthorized recipients and you cannot hold us responsible for any security failure unless it is due to our negligence.

Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of the loss, misplacement, theft, robbery or illegitimate access to your username and password, as well as its knowledge by third parties.

PURCHASE PROCEDURE

You can browse the website until you find the desired item. Once located, clicking on it will give you access to all the information and details about the product. You can add the product to your bag by clicking on the corresponding icon at the top of the page. You can continue browsing, select more products and add them to your bag, or go to the final purchase area by clicking on the bag icon where all the selected products will be displayed, detailing the unit price, quantity and total price for each item, and then click on the 'process order' button.

Once in the bag, you will be able to view the list of products you have selected and the total price to pay including applicable taxes and shipping costs.

Once you have selected and included all the desired products in the bag, and want to proceed to checkout, you must click on 'process order'. If you are placing an order for the first time with us, you can do so as a guest, so you will not be required to register beforehand; you will only need to provide the necessary information to process the order. If you choose to buy as a guest, you will need to provide your details each time you place an order through our website. If you prefer to register and thus save time on your next orders, you must enter your details in the registration form available 'Create an account'. If you are an already registered user with an active account, you must enter your username or email and password and the system will recognize your details. Once you are in your account, you can continue your purchase and finally confirm the order.

You must select the payment method, which you can consult in the 'Payment Methods' section, and shipping costs can be consulted in the 'Shipping' section. Subsequently, accept the purchase conditions and finally, by clicking on 'place order', you can make the payment using the chosen method. If it is a credit card, you will be asked to enter your credit card details and click on "Authorize Payment".

You can pay with Visa, Mastercard, American Express, Affinity Card, Bizum and PayPal cards. To minimize the risk of unauthorized access, your credit card details will be encrypted. Once we receive your order, we will pre-authorize your credit card to ensure that there are sufficient funds to complete the transaction.

Your card will be charged when your order leaves our warehouses. If your payment method is Paypal, the charge will be made when we confirm your order. By clicking "Authorize Payment" you are confirming that the credit card is yours.

The user will receive an email confirming that ANDAM has received their order; this will be the order confirmation. Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed via another email confirming that the product is being shipped (the "Shipping Confirmation").

The contract for the purchase of a product between you and us will only be formalized when we send you the Shipping Confirmation, never before. Only those products listed in the Shipping Confirmation will be subject to the Contract.

No contract will exist between you and the company in relation to any product until your order has been expressly accepted by the company. If your request is not accepted and a charge has already been made to your account, the amount will be fully refunded.

The company is not obliged to supply any product that may have been ordered until the shipment of the same is confirmed in the Shipping Confirmation.

The user acknowledges being aware, at the time of purchase, of certain particular purchase conditions of the products that are displayed next to the presentation and image of each product on the website, indicating, by way of illustration, but not exhaustive, and depending on each case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that placing the purchase order materializes the full and complete acceptance of the particular purchase conditions applicable to each case.

PRODUCT AVAILABILITY

All product orders are subject to availability.

In this regard, if there are difficulties in supplying them or if there are no items in stock, the company reserves the right to provide you with information about substitute products of equal or superior quality that you can order.

If you do not wish to order such substitute products, we will refund the amount you would have paid.

TECHNICAL MEANS TO CORRECT ERRORS

In the event of errors in the entry of the data necessary to process the purchase request on the website, the user may modify them by contacting ANDAM through the contact spaces enabled on the website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details.

Likewise, the user can consult the Legal Notice and/or the Privacy Policy of this website to obtain more information on how to exercise their right to rectification in accordance with the provisions of Regulation (EU) 2016/679 regarding the processing of personal data (GDPR).

ORDER CONFIRMATION AND CANCELLATION

Before finalizing your order on the website, you can review all the details associated with it (amounts broken down into all necessary headings - taxes, shipping costs, item selection, etc.), and correct anything you deem necessary.

After confirmation, it will not be possible to modify or cancel the order through the website; you must contact ANDAM using the forms provided for this purpose on the website or through the contact details indicated in these conditions. In such a case, the order can only be modified or canceled if the item has not entered the shipping phase from our warehouses.

REFUSAL TO PROCESS AN ORDER

The company reserves the right to withdraw, at any time, a product from this website and to remove or modify any material or content from it due to exceptional circumstances that force it to reject the processing of an order after having sent the Order Confirmation.

The company is not liable to you or to any third party for withdrawing any product from this website, regardless of whether said product has been sold or not, removing or modifying any material or content from the website, or for refusing to process an order after we have sent you the Order Confirmation.

DELIVERY

The items offered through this website are only available for shipment throughout Spain, with the exception of Ceuta, Melilla and the Canary Islands. Any other delivery address will result in the automatic cancellation of the order.

Physical delivery of purchased goods will be made to the shipping address indicated in your order request. Home delivery of orders will be carried out by a logistics operator during normal working hours.

Except in cases of force majeure, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the website according to the shipping method selected by the user and, in any case, within a maximum period of 15 calendar days from the date of order confirmation. The usual delivery time will be between 1 and 3 days in Spain. This period may be extended due to force majeure, including: weather conditions, wars, strikes, any form of governmental intervention, etc. Deliveries are made on working days.

Delivery shall be understood to have occurred at the moment the user or a third party indicated by the user acquires material possession of the products, which shall be evidenced by the signing of the order receipt at the agreed delivery address.

If, upon receiving the package, you notice that the box has arrived defective or you believe it may have been tampered with, you should not accept the package and must contact us immediately. If you have accepted and find that the package has been damaged or tampered with, you must contact us as soon as possible to process the claim with the transport company.

The risks that may arise from the products shall be borne by the user from the moment of their delivery. The user acquires ownership of the products when ANDAM receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs at a later time than the full receipt of the amount due to ANDAM.

IMPOSSIBILITY OF DELIVERY

If it is impossible to deliver the order due to the user's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to arrange for it to be delivered again.

If the user will not be at the delivery location during the agreed time slot, they must contact ANDAM to arrange for delivery on another day.

In the event that 15 days have passed since your order was available for delivery and it has not been delivered due to a cause not attributable to the company, it is understood that you wish to withdraw from the Contract and we will consider it terminated. As a consequence of the termination of the Contract, we will refund the price paid for such products as soon as possible and, in any case, within a maximum period of 30 calendar days from the date on which we consider the Contract terminated.

However, the user must bear in mind that the transportation derived from the termination may have an additional cost that may be passed on to them.

If, for any reason attributable to ANDAM, ANDAM cannot meet the delivery date, it will contact the user to inform them of this circumstance and the user may choose to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.

PRICE, PAYMENT METHOD AND SECURITY

The prices included in the items are final prices, in Euros (€) and include taxes (VAT), unless there is a manifest error.

The prices on this website include VAT, the applicable rate will be the legally current one at all times, but exclude shipping costs, which will be added to the total amount due, unless the order price exceeds 90 Euros for shipments within Spain. In these cases, shipping will be free and will not be included with the product price.

Prices may change at any time, but (except as stated above) possible changes will not affect orders for which we have already sent you a Shipping Confirmation.

We use "Monei Payments" to ensure that payment has been made securely. Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize the payment, we will not be responsible for any delay or lack of delivery and we will not be able to formalize any Contract with you.

PRICE ERRORS

Although we try to ensure that all information on our website is correct, errors may occur in the indication of product prices.
In the event of a manifest error in the price (for example, prices clearly lower than usual or a price of €0), System Action will not be obliged to process or send the affected orders. In these cases, we will inform the customer as soon as possible, cancel the order and, if applicable, fully refund any amount paid.

GIFT CARD

The purchase amount of a gift card can only be redeemed at the ANDAM Online store.

WITHDRAWAL, EXCHANGES AND RETURNS

The User, as a consumer, makes a purchase on https://andam.es. If you are not satisfied with any of the products in your order, you have the right to withdraw from said purchase and request a return.

To communicate your total or partial withdrawal from the purchase of the Product, in accordance with applicable law, you have a maximum period of 15 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the ANDAM website. In the event that the goods comprising your order are delivered separately, you have a maximum period of 15 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the last of the goods comprising the same purchase order. Returns made within the deadline will not incur any penalty. However, the Customer must bear the shipping costs.

To exercise this right of withdrawal, the User must notify ANDAM of their decision through the contact spaces provided on the website or via clientesonline@andam.es.

Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that ANDAM provides, although its use is not mandatory. To meet the withdrawal deadline, it is sufficient for the communication of the decision to withdraw to be sent before the corresponding deadline expires.

In the event of withdrawal, ANDAM will reimburse the user for all payments received, including shipping costs, without undue delay and, in any case, no later than 14 calendar days from the date on which ANDAM is informed of the User's decision to withdraw.

ANDAM will make the refund to the user using the same payment method that the user employed to make the initial purchase transaction. This refund will not incur any additional cost to the user. ANDAM may withhold such reimbursement until the purchase products have been received, or until the user provides proof of their return, whichever condition is met first.

The user must return or send the products without undue delay and, in any case, no later than 14 calendar days from the date on which ANDAM was informed of the decision to withdraw.

We offer you the possibility of returning garments purchased online. Once you receive your order, you have 15 calendar days from the receipt of the order to return the products you wish. Furthermore, the user will be responsible for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. Products must be returned properly protected during transit and with a copy of the invoice.

Exceptions to the right of withdrawal, by way of example, and not exhaustive, would be the case of:

- Products that cannot be returned for hygiene or health protection reasons, if unsealed after delivery.

- Products that may deteriorate or expire quickly.

- Sealed audio or video recordings or sealed software, if unsealed after delivery.

- Goods made to your specifications or clearly personalized.

- Digital content not delivered on a tangible medium if you consented to the performance at the time of delivery and withdrawal is not possible from that moment.

- In any case, no refund will be issued if the product has been used beyond mere opening, if it is not in the same condition as when delivered, or if it has suffered any damage after delivery.

CHANGES AND RETURNS OF DEFECTIVE PRODUCTS OR SHIPPING ERRORS.

If you consider that, at the time of delivery, the product does not conform to what is stipulated in the Contract, you must contact us immediately and inform us of the existing discrepancy (defect/error) in the form or at clientesonline@andam.es, providing your data, the product's data, and the damage it has suffered.

The company will carefully examine the returned product and will notify you by email, within a reasonable period, whether or not the return or replacement is appropriate. If so, this will be carried out as soon as possible and, in any case, within 30 days following the date on which the company sends you an email confirming that the return or replacement of the non-conforming item is appropriate.

The amounts paid for those products that are returned due to a flaw or defect, when genuinely present, will be fully reimbursed, including delivery costs incurred to deliver the item and the costs incurred by the user for making the return. The refund will be made using the same payment method that was used to pay for the purchase.

If, on the contrary, the product is returned for other reasons not attributable to the company, the amounts paid will be fully reimbursed, excluding delivery costs, which will be borne by you.

Rights recognized by current legislation are reserved.

PRODUCT WARRANTY

If you contract as a consumer and user, we offer warranties on the products we market through this website, under the legally established terms for each type of product, thus being responsible for any lack of conformity that becomes apparent within two years from the date appearing on the sales receipt or invoice, or on the delivery note if delivery is later.

Products are understood to conform to the contract if (I) they match the description we have provided and possess the qualities we have presented on this website, (II) they are fit for the purposes for which products of the same type are ordinarily intended, and (III) they exhibit the usual quality and performance of a product of the same type that can reasonably be expected. If this is not the case for products delivered to the user, the user must proceed as indicated in the section on Return of defective products or shipping errors.

The warranty period is three years, although it does not cover deficiencies caused by negligence, impact, incorrect use, improper handling, etc., nor materials that are worn out by use.

LIABILITY AND DISCLAIMER OF LIABILITY

The company's liability, unless expressly stated otherwise in these Conditions, in relation to any product purchased on our website, shall be strictly limited to the purchase price of said product.

However, our liability is not excluded or limited in the following cases: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; In any matter where it would be unlawful or illegal for us to exclude, limit, or attempt to exclude or limit our liability. Without prejudice to the provisions of the preceding paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, the company will not accept any responsibility for the following losses, regardless of their origin: Loss of income or sales, Loss of business, Loss of profits or contracts, Loss of anticipated savings, Loss of data, Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, the company cannot guarantee the accuracy and security of the information transmitted or obtained through this website unless expressly stated otherwise.

All product descriptions, information, and materials appearing on this website are provided as a whole and without express or implied warranties regarding them.

WRITTEN COMMUNICATIONS

Applicable regulations require that some of the information or communications we send to you be in writing. By using this website, you accept that most such communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website.

For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract is binding on both you and the company, as well as on our respective successors, assigns, and heirs. You may not transmit, assign, encumber, or otherwise transfer a Contract or any of the rights or obligations derived therefrom in your favor or for you, without having obtained the company's written consent. The company reserves the right to transmit, assign, encumber, subcontract, or otherwise transfer a Contract or any of the rights or obligations derived therefrom in our favor or for us, at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances, or other transfers shall not affect the rights that you may have as a consumer recognized by law or in any other way cancel, reduce, or limit the express or implied warranties that the company may have granted you.

DATA PROTECTION.

ELEMENTAL FACTORY, SL. is the Data Controller for the personal data you provide us, and informs you that this data will be processed in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, Organic Law 3/2018, of December 5, on Personal Data Protection and Guarantee of Digital Rights, and Law 34/2002, of July 11, on information society services and electronic commerce.

For more information about the processing of your personal data, please consult our privacy policy.

EVENTS BEYOND OUR CONTROL

The company is not responsible for any non-compliance or delay in the fulfillment of any of the obligations it assumes arising from the conclusion of a Contract, the cause of which is due to events beyond the reasonable control of the company ("Force Majeure Event").

Force Majeure Events will include any act, event, non-exercise, omission, or accident that is beyond the company's reasonable control and, among others, the following:

Strikes, lockouts, or other industrial action.

Civil commotion, invasion, terrorist attack or threat of terrorist attack, war (declared or not) or threat or preparation for war.

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

Inability to use trains, ships, aircraft, motor transport, or other means of public or private transport.

Inability to use public or private telecommunications systems. Acts, decrees, legislation, regulations, or restrictions of any government or public authority.

Strike, failures, or accidents in maritime or river transport, postal services, or any other type of transport.

It will be understood that the company's obligations arising from the Contracts will be suspended during the period that the Force Majeure Event continues, and it will have an extension of the period for fulfilling said obligations for a period equal to the duration of the Force Majeure Event. The company will use all reasonable means to end the Force Majeure Event or to find a solution that allows it to fulfill its obligations under the Contract despite the Force Majeure Event.

NULLITY AND INEFFECTIVENESS OF CLAUSES.

If any clause included in these terms of sale is declared contrary to law and, therefore, invalid, in whole or in part, this will not affect the other legally compliant provisions, with such provision, or the part of it that is affected, being considered unwritten. The parties undertake to renegotiate those points of the conditions that are null and to incorporate them into the rest of the conditions.

COMPANY'S RIGHT TO MODIFY THESE CONDITIONS.

ANDAM reserves the right to modify the general purchase conditions without prior notice, being able to change, delete, or add both the content and services provided through it, as well as the way they are presented.

These changes must be accepted by the user each time a purchase is made through the website, being subject to the terms and conditions of purchase in force at the time the order is placed, unless, by law or by requirement of public authorities, a change to said terms and conditions must be made.

APPLICABLE LAW AND JURISDICTION

The use of our website and the product purchase contracts through it will be governed by Spanish law. Any dispute arising or related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause will affect the rights recognized by current legislation.

These General Conditions are governed, among other precepts, by the provisions of Book II of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and, in particular, by Title III of Book II "Contracts concluded at a distance and off-premises" as well as by other regulations applicable to electronic commerce (Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce). Before sending the purchase order, it is recommended to carefully read these Conditions, print them or save them for archiving and expressly accept them by clicking on the corresponding box found in the purchase process.

This contract will enter into force and take full effect from the moment the customer becomes a user.

This contract, and therefore the general conditions it incorporates, together with the annexes (if any), in addition to being read on this website, can be stored, archived, and reproduced by usual electronic or computer means.

NULLITY AND INEFFECTIVENESS OF CLAUSES.

If any clause included in these terms of sale is declared contrary to law and, therefore, invalid, in whole or in part, this will not affect the other legally compliant provisions, with such provision, or the part of it that is affected, being considered unwritten. The parties undertake to renegotiate those points of the conditions that are null and to incorporate them into the rest of the conditions.

ONLINE DISPUTE RESOLUTION

Under European consumer regulations, companies established in the European Union that enter into online sales or service contracts (including those offering their products via email) and online marketplaces established in the Union must provide a link on their websites to the online dispute resolution platform, through which complaints about online purchases can be processed:

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

The creation and development of the Online Dispute Resolution Platform is set out in Regulation (EU) 524/2013 of the European Parliament and of the Council, to try and offer an online mechanism for submitting disputes between consumers and users established in the European Union in a simpler, faster, and cheaper way than resorting to the courts.

Therefore, through the platform enabled via the link above, the user can submit their complaints, claims, or other types of comments they wish to make.

Additionally, the company has official complaint forms available to consumers and users, which can be requested through the contact details provided and indicated on the website.