EnvioES.com, a resident of the Kingdom of Spain (hereinafter referred to as the "Contractor") and a competent adult person (hereinafter referred to as the "Client") enter into the following agreement:General provisions:
The procedure for the provision of services
- The Contractor provides intermediary services, hereinafter “Services”, for the purchase of goods in offline and online stores, hereinafter “Seller” on behalf of the client, hereinafter “Client”, under the terms of this Agreement.
- The Contractor reserves the right to amend this Agreement, in connection with which, the Client undertakes to regularly monitor changes to the Agreement.
- The Client agrees to the terms of this Agreement by selecting and ordering goods on the Internet resource under the domain name EnvioEs.com (hereinafter referred to as the "Site").
- For the provision of the Services, the Contractor withholds a commission from the Client.
- The Agreement is a public offer that contains the Contractor's offer to conclude an agreement on the terms specified in this document with any person who meets the requirements of this Agreement.
- Additional information on the procedure for the provision of Services by the Contractor and the use by the Client of the service is published by the Contractor on the Site. If the information published on the Site is contrary to the provisions of this Agreement, the terms of the Agreement apply.
- To receive the Services, the Client is obliged to go through the registration procedure on the Site in accordance with the instructions posted on the Site in the "Registration" section.
- The client independently chooses the goods on the Seller’s website and places an order.
- In the absence of the ordered goods at the Seller’s warehouse, or the Seller of the goods does not comply with the stated delivery time, as a result of which the execution of the Customer’s orders is delayed, the Contractor has the right to cancel the specified goods from the Customer’s order and notify the Customer thereof by sending an electronic message or to the address indicated during registration or directly in the personal account of the Client.
- Storage of the Customer’s goods at the Contractor’s warehouse is free of charge within 20 days from receipt.
- If the goods are in stock for more than 20 days due to the fault of the Customer, the Contractor has the right to charge a fee for storing goods. In this case, the amount of commission is set by the Contractor independently.
- If the "Seller" did not send the goods to the Contractor’s warehouse due to the lack of goods or other circumstances, the Contractor guarantees the return of the money paid to the Customer’s account after receiving it from the Seller. The term for crediting funds for goods not sent to the Customer’s account in the system depends solely on the rules of the Seller’s work, but cannot exceed 7 business days.
- In the event of the Client’s total or partial refusal of the order after its payment, the Contractor has the right to withhold from the Client the cost of the ordered Goods, which cannot be returned to suppliers, delivery services, and/or other expenses incurred by the Contractor to fulfill the Client’s order.
Parcel formation and delivery of goods
- After placing the order, the Client pays 100% advance payment in the amount of the cost of the Goods, the Contractor's Services, and previously calculated by the Client when placing the order for the cost of delivery of the Goods to the Client. The moment the Contractor receives payment on the order is considered the moment of acceptance of the offer by the Buyer and the conclusion of an agreement between the Client and the Contractor regarding the execution of the relevant order on the terms of this Agreement.
- If the actual price of the Goods is different from the price stated by the Seller at the time of placing the order for the Goods by the Client, the Contractor informs the Client as soon as possible for confirmation or removal of the goods from the order. If it is impossible to contact the Client, the purchase order for this Product is considered canceled.
- The Contractor does not credit the Client, does not redeem the Goods on credit, does not send parcels on credit.
- When paying for the order by the Client, the transfer fee is paid at the expense of the Client. When withdrawing funds, the commission is paid at the expense of the Client.
- When paying to the Contractor’s account, the Client additionally pays the commission of the Contractor’s bank. The commission of intermediary banks is also required to be paid by the Client.
- If delivery in the country of purchase is free for a certain amount of ordered goods, but later one or more goods will be removed from this paid group of goods (for example, due to its absence), which will reduce the amount below the threshold value, then the delivery becomes paid, and the corresponding invoice It is exposed to the Client.
- If payment for the order is not made within 5 days after placing the order, the order is considered canceled by the Client and is removed from the personal account. If a partial payment is made within the specified period, then the Client is given 3 days to pay in full. An order that is not paid in full within 8 days after placing the order in the personal account is considered canceled by the Client, and the Contractor has the right to delete information about this order from the personal account of the Client.
Rights and Obligations of the Contractor
- Delivery of goods is carried out at the rates indicated in the section "Delivery Cost"
- Payment for the delivery of the Customer’s goods is made separately from the payment for the goods themselves.
- The cost of delivery of goods to the Client is indicated after the parcel is packed and weighed. After packing the parcel, the Contractor does not open the packed parcels and does not change the goods.
- The delivery of the parcel to the delivery service is carried out after the customer has paid the full shipping cost.
- The Contractor undertakes to deliver the packaged parcel with the goods of the Client to the postal service indicated by the Client.
- Services are considered to be fully provided by the Contractor from the moment of transfer of the Customer's goods to the postal service.
- The Contractor is not responsible for the actions of mail, courier services, and transport companies and cannot affect the speed of delivery. Delivery times indicated on the Site are approximate.
- In case of non-observance of the delivery time by the carrier selected by the recipient when ordering goods, the Site has the right to give it to another carrier who will deliver it at the same time and on the same terms as the selected carrier. You can see information on the movement of goods on the website www.correos.es
The Contractor undertakes:
- Provide services to the Client, as well as fulfill the Client’s requirements related to the provision of these services, if these requirements do not contradict this Agreement.
- To keep confidential the data provided by the Client, and not to disclose them to third parties, if this is not required to fulfill the terms of this Agreement.
- Provide the Client with information on the execution of orders specified in this Agreement.
- To pack the Client’s goods received at the warehouse according to the information that the Client indicated when placing the order.
- Pay the goods indicated by the Client to the seller of the goods on his own behalf, but at the expense of the client, provided that the seller delivers the goods to the warehouse of the Contractor.
- Compensate for the Client’s losses upon his request, only if the claimed losses were the result of errors made by the Contractor’s employees. In this case, the amount of compensation may not exceed the commission of the Contractor.
- Take the goods delivered by the postal service from the Seller to your warehouse.
The Contractor has the right:
Rights and Obligations of the Client
- Change the method of delivery of the parcel, if the Client’s parcel by weight or size cannot be sent by the delivery method indicated by the Client.
- To suspend the provision of the Services in case of a lack of information necessary for the provision of the Services or doubts about its reliability.
- Change the tariffs and conditions for the provision of services unilaterally, notifying Customers by posting changes on the Site. All changes take effect after 2 days after their publication on the Site.
- To refuse to the Client in the purchase of any product without explanation.
- Timely and fully provide reliable information necessary for the provision of Services by the Contractor.
- Timely and in full to pay the cost of ordered goods, the cost of their delivery to the Contractor’s warehouse, taxes, and other expenses incurred in connection with the provision of the Services by the Contractor, the cost of delivery of goods to the Client. In the event of a shortage of funds, the Contractor has the right to suspend or terminate customer service.
- To get acquainted with the information for the Client published on the Site, track information and messages on the status (status) of their orders in your personal account and timely respond to the Contractor’s requests, including if a response is required to continue the provision of the Services by the Contractor.
- To get acquainted with the list of goods prohibited for shipment by postal services and with the conditions of customs clearance of goods ordered in online stores.
The client has the right:
Return and Exchange Terms
- Independently select products on the Site.
- Independently choose the method of payment for the goods indicated on the Site.
- The client gives his consent to receive information about the company’s activities, promotions, and offers through SMS notifications on a mobile phone and e-mail specified during registration in your personal account.
Responsibility of the Parties
- In case of return/exchange, the cost of delivery of goods from the Client to the Contractor and from the Contractor to the Seller, as well as in the opposite directions, is paid by the Client.
- The Contractor makes a decision on the possibility of return/exchange of goods, fully guided by the decision of the Seller on the possibility of return/exchange.
- In the event that the Seller decides to refuse/refund the Client, the Contractor does not compensate the cost of the goods to the Client, and the decision on the possibility of re-returning the goods to the Client is made by the Contractor on an individual basis.
- All return/exchange operations are carried out in full accordance with the conditions of the Seller, including, but not limited to the timing, procedure, and amount of compensation.
- The Client must take into account the time of delivery of goods from the Client to the Contractor, the terms of processing the return/exchange at the Contractor’s warehouse (up to 60 working days), and the time of delivery of goods from the Contractor to the "Seller" when calculating the possibility of return/exchange of "Goods" to the "Seller".
- The return of funds to the Client is carried out after the full return of the cost of the goods by the Seller to the Contractor.
- The Commission for the services of the Contractor is not refunded, regardless of the decision of the Seller about the possibility/impossibility of returning the Goods.
- When resending the exchanged goods, the Client pays the full cost of processing the order by the Contractor in accordance with the tariffs indicated on the Site.
- If the Customer reveals obvious discrepancies in the configuration, size, and color of the Goods, the Contractor will only replace such Products if the Goods are returned and replaced by the Seller. The Client undertakes to independently track information about the possibility of replacing the Goods provided by the Seller in his personal account.
- The contractor is not responsible for passing through the customs authorities of the recipient country. Before placing an order, the client is obliged to independently examine the list of items prohibited for import into the recipient country, as well as to study the current customs regulations of his country. If, as a result of the customs control procedure of the recipient country, the parcel was sent back to Spain due to a ban by the customs authorities, the Contractor does not compensate for the cost of the parcel. Re-sending is possible at the expense of the Client.
- If the recipient is absent upon arrival of the parcel or, for any reason, does not pick up the parcel from the post office on time, the parcel will expire and be sent back to Spain. In this case, the Contractor does not compensate for the cost of the parcel. Re-sending is possible at the expense of the Client.
Contractor liability limitation
- The Customer is responsible for the compliance of the purchased goods with the conditions of delivery of the postal service and the customs code of the country in which it is located, including, but not limited to the dimensions, weight, and content of the goods, including the dimensions and weight of the postal packaging required for sending the goods to the Customer by the postal service.
- The Client agrees not to make the Contractor a defendant or co-defendant for any obligations and expenses associated with damage caused to the Client as a result of the actions of third parties, including, but not limited to the Seller, postal and courier services, payment systems.
The Contractor is not responsible:
- For the accuracy of the data specified by the Client when registering and ordering the Goods on the Seller’s website and the impossibility of providing the Services due to the Client indicating inaccurate information about himself.
- For the actions of related services and services used to provide services to the Client, but not belonging to the Contractor, such as banks, postal services, Internet providers, email services, payment systems, etc.
- For the delivery of goods from the Seller to the Contractor.
- For the timing of receiving responses from Sellers and reserves the right to contact the Seller 14 days after the purchase of goods.
- For the quality and packaging of goods received at its warehouse, and also does not provide a guarantee for goods purchased by the Client using the services of the Contractor.
- For the dishonesty of the Sellers chosen by the Client in cases where: the goods were sent with a delay; goods sent, but not as described; non-working goods (although declared as working); the goods have not been sent at all (cases of fraud).
- For the collection of customs duties on the delivery of the parcel, and does not compensate them.
- The Contractor is not an employee of a transport company or postal service and is not responsible for any of the methods of shipping the goods.
- The Contractor bears limited liability for the conformity of the size, quantity, and color of the goods ordered: when completing the package to the Client, the Contractor only checks whether the information about the quantity, color, and size of the Goods matches the data on the product and in the order. The Contractor is not responsible for the discrepancy of the actual size of the Goods declared on the Site if the size corresponding to the ordered is indicated on the labels, labels, accompanying documents to the Goods.
- The parties shall be exempted from liability for partial or full failure to fulfill obligations under this Agreement if this failure was the result of force majeure situations arising after the conclusion of the Agreement as a result of extraordinary events that the participant could neither foresee nor prevent by reasonable measures (force majeure). Such emergency events include floods, fires, earthquakes, explosions, storms, epidemics, and other natural phenomena, as well as war, military operations, terrorist acts, etc.
- In the event of disagreements and disputes related to the implementation of the terms of this Agreement, the parties shall resolve them through negotiations.
- If it is impossible to resolve disputes through negotiations, disputes are resolved in the manner prescribed by the legislation of the Spanish judiciary
This agreement is posted on “January 29”, 2019