1.- GENERAL CONDITIONS PRIOR TO HIRING
These general contracting conditions expressly regulate the commercial relations arised between the owner of the website (seller) and the consumer users who, through this website (BOTIGA.UAB.CAT) owned by EMPRESA DE SERVICIOS DE PROMOCIÓN Y PUBLICIDAD EMEDÉ, S.L (hereinafter, EMEDE) acquire the products offered at any time to the users.
These general conditions of sale have been prepared in accordance with those established in the Ley 34/2002, de 11 de julio, de Servicios de la Sociedad de la Información y de comercio electrónico (LSSI-CE), the Ley 7/1998, sobre Condiciones Generales de la Contratación (LCGC), and the RDL 1/2007, de 16 de noviembre, por el que se aprueba el Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias (TRLGDCU).
EMEDE may unilaterally modify, at any time it deems appropriate, the configuration and content of these General Conditions of Sale. However, the conditions applicable to a specific transaction will be those in force at the time it is formalized.
The terms and conditions applicable to the purchase of products offered for sale to the public by EMEDE through its website WWW.EMEDE.COM, will be all those that are described in these General Conditions of Sale and that will be detailed on the website throughout the purchase process. Through the use of this website, users declare to know and accept the different procedures necessary to access the different products offered on the website, as well as to formalize the purchase of these.
The client accepts without any reservation these General Conditions of Sale when placing an order with EMEDE through this website, having prior knowledge of its content because a copy of them has been provided in a durable electronic format, in addition to being the same ones published on this same web page.
If you wish to download and obtain a copy of these General Conditions of Sale, you can do so by clicking HERE
2.- IDENTIFICATION OF THE SELLER AND CUSTOMERS
The identifying data of EMEDE are those detailed below:
- Name / Company name: EMPRESA DE SERVICIOS DE PROMOCIÓN Y PUBLICIDAD EMEDÉ, S.L
- Tradename: EMEDE
- CIF/NIF: B58624180
- Place of business: C/ NICARAGUA 78-82, 08029, BARCELONA (BARCELONA)
- Email address: ADMINISTRACION@EMEDE.COM
- Phone number: 934050933
In order to can make purchases through this website, the user will must provide the personal data that are requested during the purchase process.
3.- CHARACTER OF THE WEB SITE
To purchase the products offered through this website, the user must will gather the following requirements:
4.- PRODUCTS OFFERED
- Be a natural or legal person with residence or domicile located in the Spanish peninsula or the Balearic Islands. In the cases in which shipments are made to the Canary Islands, Ceuta, Melilla, or abroad, the user must have an address in those territory.
- In case you are a natural person, you must be over 18 years of age and with sufficient legal capacity to contract.
- Consumer regulations, as well as the rights recognized to consumers, will be applicable only to those natural or legal persons considered as consumers and / or users in accordance with article 3 of the TRLGDCU.
- In accordance with the foregoing, the resale of products purchased through this website is totally prohibited, all without prejudice to resale between individuals in the second-hand market.
EMEDE will publish, together with the image of each of the products that are sold through the website, the specific characteristics of each of them and the applicable sale 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.
If there are applicable offers on the price of the products, these will be indicated together with the initial price with a different font 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 that are sold on the website, as well as suspend or cancel, temporarily or indefinitely, any of the products that are offered.
The user may formalize the contract through this page in the following languages: spanish, catalán and english.
5.- PRODUCTS AVAILABILITY
All orders placed through this website are subject to the availability of the products. If there are difficulties in the supply of products, or if there are no items in stock, any amount that the user could have paid will be reimbursed.
6.- PURCHASE SYSTEM
Purchases made through this website must be made following the established online purchase procedure. The user can browse the website and / or search for the desired products. Once a certain product has been located, you will be able to access its complete description, in which you will be informed, among other information, of the following points: measurements, composition, color, materials and price. The photographs and colors shown on the product sheet may differ from reality as a consequence of the type of screen used to view the photograph, the color profile selected on the computer or device, and the level of brightness, among others.
Once a product has been selected, it can be added to the shopping cart / basket to later proceed with your purchase. Once all the products have been selected, the user will have access to the summary of their purchase. In said summary, the added products and their quantity, a summary description of each product, unit price and total price can be reviewed. In this section, discount coupons may also be applied and the price of shipping the products purchased can be consulted.
To finalize the purchase, the user must provide the personal data requested, indicate a means of payment among those offered, and proceed to payment through the payment gateway enabled for this 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 their products are shipped through the transport companies with which the seller collaborates.
7.- TECHNICAL MEANS TO CORRECT ERRORS
In the event that the client detects that an error has occurred when entering personal data during their registration as a user of this website, they can modify them in the client’s personal section.
This web page shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the data in these sections have not been provided correctly. Likewise, this website offers the details of all the articles and / or products that have been added to their basket / shopping cart, so that, before making the payment, the user can modify the data of their order.
If the user may detects an error in his order after the completion of the payment process, he must contact our customer service, on the telephone or at the aforementioned email address, to correct the error.
8.- SHIPPING AND DELIVERY OF PRODUCTS
All products sold by EMEDE will be sent to the address provided by the client through a transport company.
EMEDE ships to the following territories: peninsular Spain, Balearic Islands, Canary Islands, Ceuta and Melilla, European Union and International.
If the user has his residence in any other country or territory not specified above, he can contact EMEDE to obtain more information in this regard.
Below, we inform you in summary of the prices of shipments and delivery times:
* Delivery times may vary due to circumstances beyond the control of
||Shipping price **
Ceuta and Melilla
EMEDE . In any case, delivery will take place within a maximum period of 30 calendar days.
** The shipping rates reflected may change in the future. 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 previous box or on the website, according to the selected shipping method and, in any case, within a maximum period of 30 days from the order confirmation date.
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 establishing 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 deliver home on Saturdays or Sundays.
For the purposes of these General Conditions of Sale, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the time the user or a third one indicated by the same, different than the carrier, acquires the physical possession of the products, what it will be accredited by signing the order receipt at the agreed delivery address.
Local pickup: EMEDE offers the possibility of pickup the products purchased through this website in person at the address indicated in the purchase process. To this, the client must present their valid identity document and the order number to the staff who attend them.
9.- IMPOSSIBILITY OF DELIVERY
If it was impossible to deliver the order to the customer, we will try 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 warehouses of EMEDE. Likewise, we will inform the customer of the place where the order is located and how to proceed to have the sea sent again or make a new delivery attempt. If the user is not going to be at the agreed place of delivery on the day of delivery, they must contact the customer service to arrange delivery on another day.
In case the event that have elapsed 30 days since the order is available for its delivery, and it has not been delivered for reasons not attributable to EMEDE, we will understand that the client wishes to withdraw from the contract and we will consider them resolved. As a consequence of the termination of the contract, we will refund 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 least expensive delivery method 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 terminated. The client is informed that the transport derived from the termination of the contract may have an additional cost, so we will be authorized to pass on the corresponding costs.
10.- TRANSFER OF RISK AND OWNERSHIP
The risks of the products will be borne by the customer from the moment of 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 at the time of delivery (as defined in clause 8), if this was happen at a later time.
11.- PRICE AND PAYMENT METHODS
11.1. Payment Methods:
The prices on the website include IVA (when this tax is applicable), but exclude shipping costs, which will be added to the total amount due. Before confirming the purchase order, the user will have access to all the itemized prices.
Prices may change at any time, but possible changes will not affect orders for which we have already sent the user 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 must enter the card number, expiration date and security code CW2. The client guarantees and is responsible that all the data provided on his card are valid. These data will not be stored or manipulated by EMEDE, but will be registered directly in the payment gateway of the corresponding financial institution.
In application of the second Payment Service Directive of te European Union (PSD2), it is possible that when making the payment of our products or services, your bank send you an SMS code, mobile notification to the App of your entity or another similar system. Contact your bank to obtain more information about the payment procedure through the internet.
By authorizing the payment through our website, the user is confirming that the debit / credit card is his property or that he is the legitimate owner of it.
The client may make the payment through bank transfer to a bank account owned by EMEDE. In this case, the user must indicate the order number and other complementary information that may be indicated on the website as a reference for the transfer. The order placed will not be sent until the transfer is made effective in the account owned by EMEDE.
The client may make the payment through Bizum. Once this payment method has been selected, EMPRESA DE SERVICIOS DE PROMOCIÓN Y PUBLICIDAD EMEDÉ, S.L sends a request for the amount of the purchase, wich must be confirmed by the user through their mobile banking App. For 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 the Ley 37/1992, de 28 de diciembre, del Impuesto sobre el Valor Añadido (LIVA), the delivery of the articles will be understood to be located in the territory of application of Spanish IVA if the delivery address is in Spanish territory, except the Canary Islands, Ceuta and Melilla. The applicable IVA rate will be the one legally in force at all times depending on the specific article in question. In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from IVA by application of the provisions of article 21 of the LIVA, without prejudice to the application of the corresponding taxes and / or duties in accordance with current regulations in each of these territories.
The client authorizes EMEDE to issue the invoice electronically. However, the client may indicate to us at any time his desire to receive a paper invoice, in which case, we will issue and send the invoice in that format.
12.- RIGHT OF WITHDRAWAL
12.1. Term and form of withdrawal
If the client is contracting as a consumer and user, they have the right to withdraw from this contract within a period of 14 calendar days without justification.
The withdrawal period will expire 14 calendar days from the day on which the customer or a third one indicated by the latter, other than the carrier, acquires material possession of the goods, or in the event that the goods that make up the separate delivery order , 14 calendar days from the day the customer or a third one indicated by him, other than the carrier, acquires material possession of the last of those goods.
To exercise the right of withdrawal, the client may use the withdrawal form that we provide in the following LINK
, or by any other means that records the exercise of the right (by post, email or through our phone number).
In case of withdrawal by the client, EMEDE will return all payments received from the client, including delivery costs (with the exception of additional costs resulting from the choice by the client of a different delivery method than the least expensive one 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 client informs us of their 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. However, the foregoing, we may retain the refund until we have received the goods, or until the customer has submitted proof of their return, depending on which condition is met first.
The customer must proceed to return the products by post to the following address:
- EMPRESA DE SERVICIOS DE PROMOCIÓN Y PUBLICIDAD EMEDÉ, S.L (EMEDE)
- C/ NICARAGUA 78-82, 08029, BARCELONA (BARCELONA)
EMEDE also offers to the customer the possibility of returning the products in person to the adress indicated at the time of communicating their decisión to withdraw from the contract.
The customer must proceed to return the purchased products through our website without any undue delay and, in any case, no later than 14 calendar days from the date on which the customer communicates his decision withdrawal of the contract. The term will be considered fulfilled if the customer returns the goods before that term has expired.
EMEDE expressly informs the client that they must bear the direct cost of returning the goods. In this case, you must send, along with the products, a printed copy of the receipt or electronic invoice that you will have received together with the order confirmation or in the same order.
The client will be responsible for the decrease in the value of the goods resulting from a different handling than the necessary to establish the character, 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 do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery, or that were, after delivery, inseparably mixed with other products.
- Sealed sound or video recordings or sealed software, if you had unsealed them after delivery.
- Goods made according to customer specifications or clearly personalized.
- 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 the withdrawal being possible from that moment.
Anyway, no refund will be made if the product has been used beyond the mere opening and testing of it, of products that are not in the same condition in which they were delivered or that have suffered any damage after 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 client considers that at the time of delivery the product does not comply with the provisions of the contract, he must contact EMEDE immediately through the contact information provided in the second clause of these general conditions of sale, providing the product data, as well as the damage / defect suffered.
The product may be returned by the customer in the same way indicated for the right of withdrawal. EMEDE will proceed to carefully examine the returned product and will inform the user within a reasonable period of time if the refund, repair or replacement of the product is appropriate. The refund, repair or replacement of the product will be carried out as soon as possible and, in any case, within 14 calendar days following the date on which we notify the customer that the refund or replacement is appropriate.
The amounts paid for the products that are returned due to a defect, when it really exists, will be fully reimbursed to the customer, including the delivery costs that may have been incurred for the delivery of the defective products, and the costs in the that the customer may have incurred to proceed with the return of the products. The return will be made in the same means of payment that was used to pay for the purchase.
Applicable regulations require that part of the information or communications that we send to clients be in writing. By using this website, the user accepts that most of said communications with EMEDE are electronic. We will contact users by email or provide information by posting notices on our website. For contractual purposes, the client agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that we send him electronically meet the legal requirements of being in writing. This condition will not affect your rights recognized by law.
15.- PARTIAL NULLITY
If any of the clauses contained in these General Conditions of Sale were declared null and void by a firm resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by that declaration of nullity.
16.- RESOLUTION OF ONLINE CONFLICTS
By virtue of European consumer regulations, companies established in the European Union that enter into contracts for the sale or provision of online services (including those that offer their products via email) and online markets established in the Union , must offer on their websites the link to the online dispute resolution platform, through which claims of contracting made online can be processed:
The creation and development of the Online Dispute Resolution Platform is provided in the Regulation (UE) 524/2013
of European Parliament of the Council of 21 May 2013 , to try to offer an online mechanism for the presentation of 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 other comments that they wish to make.
In addition, EMEDE has official claim / complain / complaint forms available to consumers and users, being able to request them through the contact information provided and indicated on the website.
17.- PERSONAL DATA PROTECTION
18.- APPLICABLE LEGISLATION AND JURISDICTION
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 for last update:
February 28, 2022.