General terms of sale
1.- GENERAL CONDITIONS PRIOR TO CONTRACTING
2.- SELLER AND CUSTOMER IDENTIFICATION
The identifying data of EMEDE are detailed below:
- Name / Corporate name: EMEDÉ PROMOTION AND ADVERTISING SERVICES COMPANY, SL
- Commercial name: EMEDE
- CIF/NIF: B58624180
- Registered address: C/ NICARAGUA 78-82, 08029, BARCELONA (BARCELONA)
- Email address: ADMINISTRACION@EMEDE.COM
- Phone number: 934050933
3.- NATURE OF THE WEBSITE
To purchase the products offered through this website, the user must meet the following requirements:
- Be a natural or legal person with residence or domicile located in the Spanish peninsular territory or the Balearic Islands. In cases where shipments are made to the Canary Islands, Ceuta, Melilla, or abroad, the user must have a domicile in the said territory.
- If you are a natural person, you must be over 18 years of age and have sufficient legal capacity to contract.
- The consumer regulations, as well as the rights recognized to consumers, will be applicable only to those natural or legal persons who are considered consumers and / or users in accordance with article 3 of the TRLGDCU.
- In accordance with the above, the resale of products purchased through this website is totally prohibited, all this without prejudice to the resale between individuals in the second-hand market.
4.- PRODUCTS OFFERED
EMEDE will publish, next to the image of each of the products that are for sale through the website, the specific characteristics of each of them and the applicable sales price. EMEDE guarantees that the price of the products will be the one in force on the day of formalization of the purchase, regardless of the day on which the physical delivery of the order is formalized. In the event that there are applicable offers on the price of the products, these will be indicated next to the initial price with a different typography and/or color that allows the customer to clearly identify the final price of the product. In any case, the temporary period of validity of the offer or promotion will be indicated on the website. EMEDE may, unilaterally and at any time, offer new products for sale on the website, as well as suspend or cancel, temporarily or indefinitely, any of the products offered. The user can formalize the contract through this page in the following languages: Spanish, Catalan and English.
5.- AVAILABILITY OF THE PRODUCTS
All orders placed through this website are subject to product availability. If difficulties occur with regard to the supply of products, or if there are no items left in stock, any amount that the user could have paid will be refunded.
6.- PURCHASE SYSTEM
Purchases made through this web page must be made following the established online purchase procedure. The user will be able to browse the website and/or search for the desired products. Once a certain product has been located, you will be able to access the full description of it, in which you will be informed, among other information, of the following points: measurements, composition, color, materials and price. The photographs and colors shown in the product sheet may differ from reality as a result of the type of screen used to view the photograph, the color profile selected on the computer or device, and the brightness level, between others Once a product has been selected, it can be added to the cart / shopping basket to subsequently proceed with its purchase. Once all the products have been selected, the user will have access to the summary of their purchase. In this summary you can review the added products and their quantity, summary view of each product, unit price and total price. Discount coupons can also be applied in this section and the shipping price of the products purchased can be consulted. To complete the purchase, the user must provide the personal data requested, indicate a means of payment from among the offers, and proceed to the payment through the payment gateway enabled for the purpose , or through the forms enabled by EMEDE on its website. Once the order has been placed, EMEDE will send an order confirmation email to the email address provided by the customer. EMEDE will notify the customer when the shipment of their products is carried out through the transport companies with which the seller collaborates.
7.- TECHNICAL MEANS TO CORRECT ERRORS
8.- SHIPPING AND DELIVERY OF PRODUCTS
All products sold by EMEDE will be sent to the address provided by the customer via a transport company. EMEDE makes shipments to the following territories: mainland Spain, the Balearic Islands, the Canary Islands, Ceuta and Melilla, Europe and internationally. If the user resides in a country or territory not specified above, he can contact EMEDE to obtain more information about it. Below, we provide you with a summary of shipping prices and delivery times:
|Destination||Delivery time*||Delivery price**|
|Ceuta and Melilla||48h||€10|
|European Union||48h – 72h||€25|
|International||48h – 72h||€40|
* Delivery times may vary due to circumstances beyond EMEDE’s control. In any case, delivery will take place within a maximum period of 30 calendar days.
** Shipping rates reflected may be subject to change in the future. VAT included in shipping rates.
Unless there are circumstances arising from the customization of the products, or unforeseen or extraordinary circumstances occur, we will send you the order consisting of the products related to each shipment confirmation within the period indicated in the box above or on the web page, according to the selected shipping method and, in any case, within a maximum period of 30 days from the date of order confirmation. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by setting a new delivery date, or cancel the order with a full refund of the price paid. Please note, in any case, that we will not make home deliveries on Saturdays or Sundays. For the purposes of these General Conditions of Sale, it will be understood that “delivery” has taken place or that the order has been “delivered” at the moment when the user or a third party indicated by the same, other than the carrier, acquires material possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address. Local collection: EMEDE offers the possibility of collecting the products purchased through this website in person at the address indicated in the purchase process. For this, the customer must present his valid identity document and the order number to the staff that attends to him.
9.- IMPOSSIBILITY OF DELIVERY
If it is impossible to deliver the order to the customer, an attempt will be made to find a safe place to leave it. If it is not possible to find a safe place, the order will be returned to the EMEDE warehouses. Likewise, we will inform the customer of the location of the order and how to proceed so that it is sent to him again or make a new delivery attempt. If the user will not be at the agreed delivery location on the day of delivery, they must contact customer service to arrange delivery on another day. If 30 days pass since the order is available for delivery, and it has not been delivered for reasons not attributable to EMEDE, we will understand that the customer wishes to withdraw from the contract and we will consider it resolved. As a result of the termination of the contract, we will return all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer’s choice of a delivery method other than the less expensive ordinary delivery that we offer), without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which we consider the contract resolved. The customer is informed that the transport resulting from the termination of the contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
10.- TRANSMISSION OF RISK AND OWNERSHIP
The risks of the products will be borne by the customer from the moment of their delivery. The Customer will acquire ownership of the Products when we receive full payment of all amounts due in relation to them, including shipping costs, or upon delivery (as defined in clause 8), if this take place at a later time.
11.- PRICE AND FORMS OF PAYMENT
11.1. Payment methods: Prices on the website include VAT (where applicable) but exclude delivery charges, which will be added to the total amount due. Before the purchase order is confirmed, the user will have access to all the broken down prices. Prices may change at any time, but such changes will not affect orders for which we have already sent you an order confirmation. EMEDE accepts the following means of payment through its website:
Credit and debit card: Through the payment gateway enabled by EMEDE and managed through your bank. You will need to enter your card number, expiry date and CW2 security code. The customer guarantees and is responsible that all the data provided on his card are valid. This data will not be saved or manipulated by EMEDE, but will be registered directly in the payment gateway of the corresponding financial institution. In application of the second Payment Services Directive of the European Union (PSD2), it is possible that when paying for our services, your bank will send you an SMS code, mobile notification in the App of your entity or another similar system. Contact your bank for more information on the online payment procedure. By authorizing the payment through our website, the user is confirming that the debit / credit card belongs to him or that he is the rightful owner of the same.
Bank transfer: The customer can make the payment by bank transfer to a bank account owned by EMEDE. In this case, the user must indicate the order number and other additional information that may be indicated on the website as a reference for the transfer. The order placed will not be sent until the transfer takes effect in the account owned by EMEDE.
Bizum: The customer can make the payment through Bizum. Once the payment method is selected, EMPRESA DE SERVICIOS DE PROMOCIÓN Y PUBLICIDAD EMEDÉ, SL sends a request for the amount of the purchase, which must be confirmed by the user through their mobile banking application. If you want more information about Bizum, you can consult its website www.bizum.es.
11.2. Value Added Tax:
In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax (LIVA), the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of the VAT Act, without prejudice to the application of the corresponding taxes and/or tariffs in accordance with the regulations in force in each of these territories. The customer authorizes EMEDE to issue the invoice in electronic form. However, the customer may indicate to us at any time that he wishes to receive an invoice in paper form, in which case we will issue and send the invoice in this format.
12.- RIGHT OF WITHDRAWAL
12.1. Term and form of withdrawal
If the customer is contracting as a consumer and user, he has the right to withdraw from this contract within 14 calendar days without justification. The withdrawal period will expire 14 calendar days from the day on which the customer or a third party indicated by him, other than the carrier, acquires physical possession of the goods, or in the case of goods that make up the separate delivery order, 14 days calendar days from the day on which the customer or a third party indicated by him, other than the carrier, acquires material possession of the last of these goods. To exercise the right of withdrawal, the customer may use the withdrawal form provided below
LINK , or by any other means that records the exercise of the right (by post, email or through our telephone number). In case of withdrawal by the customer, EMEDE will return all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the choice by the customer of a delivery method other than least expensive mode of ordinary delivery that we offer), without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the customer informs us of his decision to withdraw from this contract. EMEDE will proceed to make the refund using the same means of payment used by the customer for the initial transaction. The customer will not incur any expenses as a result of the refund. Notwithstanding the above, we may withhold the refund until we have received the goods, or until the customer has presented proof of their return, whichever condition is met first. The customer must return the products by post to the following address:
- EMEDÉ PROMOTION AND ADVERTISING SERVICES COMPANY, SL (EMEDE)
- C/ NICARAGUA 78-82, 08029, BARCELONA (BARCELONA)
EMEDE also offers the customer the possibility of returning the products in person to the address indicated at the time of communicating the decision to withdraw from the contract. The customer must proceed with the return of the products purchased through our website without any undue delay and, in any case, at the latest within 14 calendar days from the date on which the customer informs us your decision to withdraw from the contract. The deadline is considered fulfilled if the customer returns the goods before this deadline has ended. EMEDE expressly informs the customer that he will have to bear the direct cost of returning the goods. In this case, you must send, together with the products, a printed copy of the ticket or electronic invoice that you will have received with the order confirmation or in the same order. The customer will be responsible for the decrease in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
12.2. Exceptions to the right of withdrawal:
The right of withdrawal does not apply to the delivery of, among others, the following products:
- Products that cannot be returned due to hygienic or health protection reasons, if they have been unsealed after delivery, or which were, after delivery, inseparably mixed with other products.
- Sealed sound or video recordings or sealed software, if they were unsealed after delivery
- Goods made to customer specifications or clearly customized.
- Digital content that would not have been delivered on a material 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 the mere opening and testing of it, products that are not in the same condition in which they were delivered or that have suffered any damage afterwards of delivery
13.- DEFECTIVE PRODUCTS. GUARANTEES
EMEDE informs the customer that the products purchased through this website have a legal guarantee of 3 years from the date of purchase. In cases where the customer considers that at the time of delivery the product does not conform to what is stipulated in the contract, he must contact EMEDE immediately through the contact details provided in the second clause of the present General Conditions of Sale, providing the product data, as well as the damage / defect it suffers. The product can be returned by the customer in the same way indicated by the right of withdrawal. EMEDE will carefully examine the returned product and will notify the user within a reasonable period if the refund, repair or replacement of the product will proceed. The refund, repair or replacement of the product will be made as soon as possible and, in any case, within 14 calendar days following the date on which we inform the customer that the refund or replacement is proceeding. Any amounts paid for products that are returned due to a defect, where such a defect actually exists, will be refunded in full to the customer, including any delivery charges that may have been incurred for the delivery of the defective products, and any costs incurred by the customer may have incurred to proceed with the return of the products. The refund will be made in the same means of payment that was used to pay for the purchase.
The applicable regulations require that part of the information or communications we send to customers be in writing. By using this website, the user agrees that most of these communications with EMEDE will be electronic. We will contact users by email or provide information by posting notices on our website. For contractual purposes, the customer agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send electronically comply with the legal requirements of being in writing. This condition will not affect your statutory rights.
15.- PARTIAL NULLITY
If any of the clauses contained in these General Conditions of Sale are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by this declaration of nullity.
16.- ONLINE DISPUTE RESOLUTION
Under the European consumer regulations, companies established in the European Union that enter into contracts for the sale or provision of services online (including those that offer their products via e-mail) and the online markets established by the European Union, must offer on their websites the link to the online dispute resolution platform, through which complaints about contracts made online 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 provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, to treat to offer an online mechanism for presenting disputes between consumers and users established in the European Union in a simpler, faster and cheaper way to go to court. Therefore, through the platform enabled through the previous link, the user can submit their complaints, claims or any other type of comments they wish to make. In addition, EMEDE has official claim / complaint / denunciation sheets available to consumers and users, and they can be requested through the contact details provided and indicated on the website. For more information on this, you can contact the consumer office of your place of residence.
17.- PROTECTION OF PERSONAL DATA
18.- APPLICABLE LEGISLATION AND JURISDICTION
The conflicts that may arise in the interpretation and application of these rules will be governed by Spanish law, and will be submitted to the Courts and Tribunals of the place of residence of EMEDE or the consumer, at their choice.
Date of last update: July 10, 2023.