General conditions

GENERAL CONDITIONS OF PURCHASE

TERMS AND CONDITIONS

INTRODUCTION

The service provider is ELEMENTAL FACTORY, SL. (hereinafter, ANDAM) domiciled at C/ MILA I FONTANALS, 82 – CP 08205 SABADELL (BARCELONA) with telephone number 937 20 63 00 and e-mail clientesonline@andam.es, with CIF B59165548, and registered in the Mercantile Registry of Barcelona, ​​Volume 46,141, folio 101, page 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 purchase of products through it, the user agrees to be bound by these conditions and by all of the above, so if you do not agree with all of this, you should not use this website.

ANDAM reserves the right to modify these purchasing conditions without prior notice, and may change, delete or add content and products offered through the website, as well as the way in which these are presented or located on its servers. The user is responsible for consulting these conditions each time he or she accesses and/or browses this website, since those in force at the time the purchase of products is requested will apply. You can always consult and print the updated version by clicking on the "Purchase Conditions" link.

Orders may only be placed to purchase products without the intention of reselling them. 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 lead us to believe that the customer is violating any of the specified purchase conditions or is participating in some criminal activity.

USER OBLIGATIONS

Access, navigation and use of the website confers the status of user, so all the Conditions established here are accepted from the start of navigation.

By placing an order, the user guarantees that he or she is over 18 years of age and has the legal capacity to enter into binding contracts.

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

It is essential that you provide all the information we classify as mandatory, since if you do not do so 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 information.

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 intended for users residing in Spain. ANDAM does not guarantee that the website complies with the laws of other countries, either in whole or in part, and ANDAM declines all liability that may arise from such access.

The user may formalize with ANDAM the contract of sale of the desired products in Spanish.

SECURITY MEASURES

We will put in place all reasonable measures within our power 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 to be secure from access by unauthorised recipients and you will not hold us liable for any breach of security 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 illegal access to your username and password, as well as their 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 shopping cart by clicking on the corresponding icon at the top of the page. You can continue browsing, select more products and add them to your shopping cart, or go to the final purchase area by clicking on the shopping cart icon where all the selected products will be indicated, detailing the unit price, quantity and total price for each item, and clicking on the 'process order' button.

Once in the bag you will be able to see the list of products you have selected and the total price to be paid including the corresponding taxes and shipping costs.

Once you have selected and included all the desired products in the bag, and you want to proceed to finalize the purchase, 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 enter the necessary data to process the order. If you choose to purchase as a guest, you must enter your data each time you place an order through our website. If you prefer to register and thus save time on your future orders, you must enter your data in the registration form available 'Create an account'. If you are a registered user with an active account, you must enter your username or email address and password and the system will recognize your data. 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 see in the 'Payment Methods' section, and the shipping costs can be found in the 'Shipping' section. Then, accept the purchase conditions and finally, by clicking on 'place order' you can make the payment using the chosen method. If this 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. To minimise the risk of unauthorised access, your credit card details will be encrypted. Once we receive your order, we will pre-authorise your credit card to ensure that there are sufficient funds to complete the transaction.

Your card will be charged when your order leaves our warehouse. 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 his 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 that you make to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through another email in which we will confirm that the product is being shipped (the "Shipping Confirmation").

The contract for the purchase of a product between you and us will be formalised only when we send you the Shipping Confirmation, and not 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 order is not accepted and your account has already been charged, the amount charged will be refunded in full.

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

The user acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of purchase of the products and that they are shown next to the presentation and image of each product on the website, indicating, by way of example, but not exhaustive, and depending on each case: name, price, components, weight, quantity, colour, details or characteristics; and acknowledges that placing the purchase order materialises the full and complete acceptance of the specific conditions of purchase applicable to each case.

PRODUCT AVAILABILITY

All product orders are subject to availability.

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

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

TECHNICAL MEANS TO CORRECT ERRORS

In the event of errors in entering the data required 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 applicable, 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 and thus obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 on the processing of personal data (RGPD).

CONFIRMATION AND CANCELLATION OF ORDERS

Before you complete your order on the website, you will be able to review all the details associated with it (amounts broken down into all the necessary sections - taxes, shipping costs, selection of items, etc.), and you may correct anything you consider 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 this case, the order can only be modified or cancelled if the item has not entered the dispatch phase from our warehouses.

REFUSAL TO PROCESS AN ORDER

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

The Company shall not be liable to you or any third party for withdrawing any product from this Website, whether or not that product has been sold, removing or editing any material or content on the Website, or for refusing to process an order once we have sent you the Order Confirmation.

DELIVERY

The items offered through this website are only available for delivery to the entire territory of 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 the 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 business hours.

Except in cases where there are causes 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 confirmation of the order. The usual delivery period will be between 1 and 3 days in Spain. This period may increase due to causes of force majeure, including but not limited to: weather conditions, wars, strikes, any form of government intervention, etc. Deliveries are made on working days.

Delivery will be deemed to have taken place at the time when the user or a third party indicated by the user acquires physical possession of the products, which will be confirmed by the signature of receipt of the order at the agreed delivery address.

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

Any risks that may arise from the products will be borne by the user from the moment of 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 takes place at a time after the full receipt of the amount to be paid by ANDAM. .

IMPOSSIBILITY OF DELIVERY

If delivery of the order is not possible 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 have it delivered again.

If the user is not going to be at the delivery location during the agreed time slot, he/she must contact ANDAM to arrange delivery on another day.

If 15 days have passed since your order was available for delivery and it has not been delivered for reasons 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 transport resulting from the resolution may have an additional cost that may be passed on to the user.

If for any reason attributable to ANDAM , the delivery date cannot be met, the user will be contacted to inform him/her of this circumstance and he/she may choose to continue 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 articles are the final prices, in Euros (€) and include taxes (VAT), except in the case of obvious error.

The prices on this website include VAT. The applicable rate will be the legally applicable rate at any given time, but exclude shipping costs, which will be added to the total amount due, unless the price of the order exceeds 90 Euros for shipments to Spain. In these cases, shipping costs will be free and will not be included in the price of the product.

Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.

We use "Monei Payments" to ensure that payment is made securely. Credit cards are subject to verification and authorisation by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any Contract with you.

GIFT CARD

The purchase amount of a gift card will only be redeemable in the ANDAM Online store.

WITHDRAWAL, EXCHANGES AND RETURNS

The User, as a consumer and user, makes a purchase at https://andam.es If he/she is not satisfied with any of the products in his/her order, he/she has the right to withdraw from said purchase and request a refund.

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 authorised by the User, other than the carrier, acquired material possession of the goods purchased on the ANDAM website to notify your full or partial withdrawal from the purchase of the Product. 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 authorised by the User, other than the carrier, acquired material possession of the last of the goods comprising the same purchase order. Returns made within the time limit will not entail any penalty. However, the Customer must assume the shipping costs.

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

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template that ANDAM makes available to him, however, its use is not obligatory. To comply with the withdrawal period, it is sufficient that the communication of the decision to withdraw is sent before the corresponding period 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 refund the user using the same payment method that the user used to make the initial purchase transaction. This refund will not generate any additional costs for the user. ANDAM may retain said refund until it has received the purchased products, or until the user presents proof of the return of the same, depending on which condition is met first.

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

We offer you the possibility of returning items purchased online. Once your order has been received, you have 15 calendar days from receipt of the order to return the products you wish to return. In addition, the user will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods. Products must be returned properly protected in transit and with a copy of the invoice.

Exceptions to the right of withdrawal, by way of example, but not exhaustively, would be the case of:

- Products that cannot be returned due to hygiene or health protection reasons, if they have been unsealed after delivery.

- Products that may deteriorate or expire quickly.

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

- Goods made to your specifications or clearly personalized.

- Digital content that would not have been delivered on a physical medium if you had consented to the execution at the time of delivery and without it being possible to withdraw from that moment.

- In any case, no refund will be made if the product has been used beyond its mere opening, for products that are not in the same condition as they were delivered or that have suffered any damage after delivery.

EXCHANGES AND RETURNS OF DEFECTIVE PRODUCTS OR SHIPPING ERRORS.

If you consider that, at the time of delivery, the product does not comply with the provisions of the Contract, you must contact us immediately and let us know the existing nonconformity (defect/error) in the form or at clientesonline@andam.es and provide us with your details, those of the product and the damage it has suffered.

The company will carefully examine the returned product and will inform you by email, within a reasonable period of time, whether or not the return or replacement of the product is appropriate. If this is the case, this will be done as soon as possible and, in any case, within 30 days from 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 products that are returned due to a defect or fault, when it actually exists, will be fully refunded, including the delivery costs incurred to deliver the item to you and the costs incurred by the user to make the return. The refund will be made using the same payment method that was used to pay for the purchase.

If, on the other hand, the product is returned for reasons other than the company's, the amounts paid will be fully refunded, excluding delivery costs, which will be your responsibility.

The rights recognized by current legislation are safeguarded.

PRODUCT WARRANTY

If you contract as a consumer and user, we offer you guarantees on the products we sell through this website, in the terms legally established for each type of product, responding, therefore, for the lack of conformity of the same that becomes apparent within a period of two years from the date that appears on the receipt or purchase invoice, or on the delivery note if delivery is later.

Products are deemed to comply with the contract provided that (I) they conform to the description provided by us and possess the qualities that we have presented on this website, (II) they are suitable for the uses to which products of the same type are ordinarily intended and (III) they present the quality and performance that are normally expected from a product of the same type. When this is not the case with respect to products delivered to the user, the user must proceed as indicated in the section Return of defective products or shipping errors.

The warranty period is three years, although it does not include defects caused by negligence, knocks, incorrect use or improper handling, etc., or materials that are worn out by use.

RESPONSIBILITY AND DISCLAIMER OF LIABILITY

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

However, our liability is not excluded or limited for the following: Death or personal injury caused by our negligence; Fraud or fraudulent misrepresentation; For any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability. Without prejudice to the preceding paragraph and to the extent permitted by law and except as otherwise provided in these Terms, the Company will not accept any liability for the following losses however arising: Loss of revenue or income; Loss of business; Loss of profits or contracts; Loss of anticipated savings; Loss of data; Loss of management time or office time.

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 information transmitted or obtained through this website unless otherwise expressly stated on this website.

All product descriptions, information and materials appearing on this website are provided as is and without any express or implied warranties of the same.

WRITTEN COMMUNICATIONS

Applicable law requires that some of the information or communications we send to you be in writing. By using this website, you agree that most of the 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 agree to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with any legal requirement that they be in writing. This condition will not affect your statutory rights.

ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Agreement is binding on both you and the Company and our respective successors, assigns and legal representatives. You may not transfer, assign, charge or otherwise transfer a Contract or any of the rights or obligations arising under it to you or yourself without obtaining the Company's written consent. The Company reserves the right to transfer, assign, charge, sub-contract or otherwise transfer a Contract or any of the rights or obligations arising under it to you or yourself at any time during the term of the Agreement. For the avoidance of doubt, such transfers, assignments, charges or other transfers will not affect your statutory rights as a consumer or void, reduce or otherwise limit any express or implied warranties that the Company has given you.

DATA PROTECTION.

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

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

EVENTS BEYOND OUR CONTROL

The Company shall not be liable for any failure or delay in the performance of any of its obligations arising from the execution of a Contract, the cause of which is due to events beyond the Company's reasonable control ("Force Majeure Event").

Force Majeure Causes shall include any act, event, failure to exercise, omission or accident that is beyond the reasonable control of the company and, among others, the following:

Strikes, lockouts or other protest measures.

Civil unrest, invasion, terrorist attack or terrorist threat, 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, boats, planes, motor vehicles or other means of transport, whether public or private.

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

Strike, failure or accident involving maritime or river transport, postal transport or any other type of transport.

The Company's obligations under the Contracts shall be deemed to be suspended for the period in which the Force Majeure Event continues, and the Company shall have an extension of time to perform such obligations for a period equal to the duration of the Force Majeure Event. The Company shall use all reasonable means to terminate the Force Majeure Event or to find a solution that will enable it to perform its obligations under the Contract despite the Force Majeure Event.

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these conditions of sale is declared contrary to law and, therefore, invalid, in whole or in part, this will not affect the other provisions in accordance with law, and such provision, or the part thereof that is affected, will be deemed not to have been included. The parties undertake to renegotiate those points of the conditions that are found to be invalid 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 purchasing conditions without prior notice, and may change, delete or add content and services provided through the site, as well as the way in which they are presented.

These changes must be accepted by the user each time they make a purchase 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 request of public authorities, a change must be made to said terms and conditions.

APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and contracts for the purchase of products through it shall be governed by Spanish law. Any dispute arising from or related to the use of the website or such contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals. If you are contracting as a consumer, nothing in this clause shall affect the rights that you as such are recognised by current legislation.

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

This contract will enter into force and take full effect from the moment the client has the status of user.

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

NULLITY AND INEFFECTIVENESS OF THE CLAUSES.

If any clause included in these conditions of sale is declared contrary to law and, therefore, invalid, in whole or in part, this will not affect the other provisions in accordance with law, and such provision, or the part thereof that is affected, will be deemed not to have been included. The parties undertake to renegotiate those points of the conditions that are found to be invalid and to incorporate them into the rest of the conditions.

ONLINE DISPUTE RESOLUTION

Under European consumer law, companies established in the European Union that enter into online sales or service contracts (including those that offer their products via email) and online marketplaces established in the Union must provide on their websites a link to the online dispute resolution platform, through which claims relating to online contracts may 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 provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, in order to try to offer an online mechanism for filing disputes between consumers and users established in the European Union in a simpler, faster and cheaper way than going to court.

Therefore, through the platform enabled through the previous link, the user can send their complaints, claims or any other type of comments they wish to make.

In addition, the company has official complaint forms available to consumers and users, who can request them through the contact information provided and indicated on the website.