1. DEFINITIONS
In these general terms and conditions, the following definitions apply:
Withdrawal Period
the term within which the Consumer can exercise his Right of Withdrawal;
Consumer
a natural person who is not acting in the context of practicing a profession or conducting a business;
Day
a calendar day;
durable medium
any instrument, including email, that allows the Consumer or Elephant Cruiser to store information that is personally addressed to the Consumer or Elephant Cruiser in such a way that the information can be accessed or used in the future for a specified period of time. in accordance with the purpose for which the information is intended, and that enables the unaltered reproduction of the stored information;
Ordinary Contract any contract between Elephant Cruiser and the Consumer that is not a
Distance Contract;
Right of Withdrawal the right that the Consumer has within the Withdrawal Period to cancel the Distance Contract;
Standard Withdrawal Form
the European Standard Withdrawal Form included in Appendix I of these general terms and conditions. Appendix I does not have to be available if the Consumer does not have a Right of Withdrawal with respect to his order.
Distance Contract
a contract between Elephant Cruiser and the Consumer whereby, in the context of a system organized by Elephant Cruiser for the distance selling of products and/or services, only one or more Types of Distance Communication are used up to and including the conclusion of the contract;
Price
the price of the products excluding the costs of transport, insurance, printing and VAT;
Elephant Cruiser
the legal entity identified in Article 2 of these general terms and conditions and/or any legal entity or company affiliated with it;
Distance Communication Type
a means of entering into a contract without the Consumer and Elephant Cruiser having to be physically present or represented in the same space at the same time;
Website
the website with the address www.elephantcruiser.com, or any other Elephant Cruiser website.
2. IDENTITY OF THE ELEPHANT CRUISER
Elephant Cruiser SL.
Avd. Marqués del Duero 84
29670 San Pedro Alcántara – Marbella - Spain
Phone number: + 34 951204774
Email address: info@lephantCruiser.com
CIF: B-6788984
3. APPLICABILITY
1. These general terms and conditions apply to each Elephant Cruiser offer and to each Distance Contract or Ordinary Contract entered into. These general terms and conditions only apply to contracts between Elephant Cruiser and the Consumer.
2. The text of these general terms and conditions will be made available to the Consumer before the conclusion of a contract. If it is not reasonably possible to do so, the Consumer will be informed before the conclusion of the contract that the general terms and conditions can be consulted at the D Elephant Cruiser premises and that, at the request of the Consumer, they will be sent as soon as possible. as possible for free.
3. If a Distance Contract is entered into by electronic means, the text of these general terms and conditions, without prejudice to the previous paragraph and before the Distance Contract is entered into, may be made available to the Consumer by electronic means in such a way that to make it easier for the Consumer to store the text on a Durable Support. If it is not reasonably possible to do so, the Consumer will be informed before the conclusion of the Distance Contract of the place where the general conditions can be consulted by electronic means and that, at the request of the Consumer, it will be sent by electronic means or by other means. for free.
4. In the event that specific conditions of products or services apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in case of conflicting general terms and conditions, the Consumer may always invoke the applicable provision . that is more favorable for the Consumer.
4. THE OFFER
1. If an offer is valid for a limited period of time or if an offer is subject to conditions, this will be expressly stated in the offer.
2. The offer will contain a complete and precise description of the products and/or services offered. The description will be sufficiently detailed so that the Consumer can properly evaluate the offer. If Elephant Cruiser uses images, these images will be faithful representations of the products and/or services offered. Obvious errors or errors in the offer shall not bind Elephant Cruiser.
3. Each offer will contain information that clarifies to the Consumer the rights and obligations that are part of the acceptance of the offer.
5. THE CONTRACT
1. Subject to the provisions of paragraph 4, a contract is concluded when the Consumer accepts the offer and the applicable conditions are fulfilled.
2. If the Consumer has accepted the offer electronically, Elephant Cruiser shall acknowledge receipt of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed, the Consumer may terminate the contract.
3. If a contract is concluded by electronic means, Elephant Cruiser will take appropriate technical and organizational measures to ensure electronic data transfer and provide a secure web environment. If the Consumer is able to pay electronically, Elephant Cruiser will comply with the appropriate security measures in place for electronic payment.
4. Within the legal parameters, Elephant Cruiser can determine whether the Consumer is capable of meeting his payment obligations and can also inform himself of all the facts and factors that are relevant to enter into a Distance Contract in a responsible manner. If, based on this investigation, Elephant Cruiser has good reasons not to enter into a Distance Contract, it will have the right to refuse an order or a request, the refusal of which must be justified, or may attach special conditions to the execution of an order. or a request.
5. No later than the time of delivery of the product or performance of the service to the Consumer, Elephant Cruiser will provide the following information, in writing or in a form that allows the Consumer to store the information in an accessible manner on a Durable Medium:
to. the address of the business location of Elephant Cruiser that the Consumer can contact or visit in case of complaints;
b. the conditions under which and the way in which the Consumer can exercise the Right of Withdrawal or a clear notification that the Right of Withdrawal does not apply;
C. information on after-sales services and guarantees;
d. the Price, including all taxes, shipping charges to the extent applicable, and the method of payment, shipping, and performance of the contract;
my. if the Consumer has the Right of Withdrawal, the Withdrawal Form Model.
F. If Elephant Cruiser has committed to deliver a series of products, the provisions of the preceding paragraph will only apply to the first delivery.
6.
RIGHT OF WITHDRAWAL REGARDING THE DELIVERY OF PRODUCTS
The Consumer may terminate a Distance Contract that relates to the purchase of a product without giving reasons within a 14 Day Withdrawal Period.
2. The Withdrawal Period referred to in paragraph 1 begins the Day following that on which the Consumer, or a third party designated by the Consumer in advance who is not the carrier, received the product, or:
to. if the Consumer placed a single order for several products: the Day on which the Consumer or a third party designated by the Consumer receives the last product. As long as Elephant Cruiser has clearly informed the Consumer before the order process, Elephant Cruiser may reject an order for several products with different delivery times.
b. if the delivery of a product consists of different shipments or parts: the Day on which the Consumer or a third party designated by the Consumer receives the last shipment or the last part;
C. in the case of contracts for the regular delivery of products for a certain period of time: the Day on which the Consumer or a third party designated by the Consumer receives the first product.
The Consumer may terminate a Distance Service Contract without justification within a period of 14 Days. Elephant Cruiser may ask the Consumer for the reasons, but cannot compel the Consumer to give the reasons. The Withdrawal Period referred to in paragraph 3 begins the Day following the day on which the contract was entered into.
If Elephant Cruiser has not informed the Consumer about the Right of Withdrawal or has not provided the Standard Withdrawal Form, the Withdrawal Period will end 12 months after the end of the original Withdrawal Period as established in accordance with the preceding paragraphs of this article .
5. If Elephant Cruiser provides the information mentioned in the previous paragraph within 12 months from the start date of the original Withdrawal Period, the Withdrawal Period will end 14 Days after the Day the Consumer received the information.
7. OBLIGATIONS OF THE CONSUMER DURING THE WITHDRAWAL PERIOD
During the Withdrawal Period, the Consumer must handle the product and packaging with care. The Consumer will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle in this regard is that the Consumer may only inspect and use the product in the manner in which he would be permitted to do so in a store.
The Consumer will only be responsible for the decrease in the value of the product that is a consequence of the fact that the product has been handled in a manner other than that described in section 1.
The Consumer will not be responsible for a decrease in the value of the product if Elephant Cruiser did not provide the Consumer with all the information required by law regarding the Right of Withdrawal before or at the end of the Distance Contract.
8. EXERCISE OF THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND ASSOCIATED EXPENSES
If the Consumer chooses to exercise his Right of Withdrawal, he must, within the Withdrawal Period, use the Withdrawal Form Model or other unequivocal means of notifying Elephant Cruiser that he is exercising this right.
The Consumer must return the product or deliver the product to Elephant Cruiser or to an authorized representative of Elephant Cruiser as soon as possible and, in any case, within 14 Days of the Day following that on which the notice referred to in paragraph 1 was given. The Consumer need not do this if Elephant Cruiser has offered to collect the product. The Consumer will have complied in any case with the deadline for returning the product if he returns it before the end of the Withdrawal Period.
The Consumer must return the product and all accessories delivered in the original condition and packaging if reasonably possible and in accordance with Elephant Cruiser's reasonable and clear instructions. The risk and burden of proof regarding the correct exercise of the Right of Withdrawal within the applicable time period rests with the Consumer.
4. The Consumer will bear the direct costs of returning the product. The Consumer will not be obliged to bear the costs of returning the product if Elephant Cruiser has not declared that the Consumer must
If the Consumer cancels after having expressly requested that the performance of the service begin during the Withdrawal Period, the Consumer will owe Elephant Cruiser an amount proportional to the part of the contract already performed by Elephant Cruiser at the time of cancellation. cancellation, compared to the full performance of the contract.
6. The Consumer will not bear the costs of providing the services if:
to. Elephant Cruiser did not provide the Consumer with the information required by law in relation to the Right of Withdrawal, reimbursement of costs in case of withdrawal or the Model Withdrawal Form; either
b. the Consumer did not expressly request that the service begin during the Withdrawal Period.
9. OBLIGATIONS OF ELEPHANT CRUISER IN CASE OF WITHDRAWAL
If Elephant Cruiser makes it possible for the Consumer to notify the withdrawal by electronic means, Elephant Cruiser will send a confirmation of receipt without delay after receiving this notice.
Elephant Cruiser will refund all payments made by the Consumer, including shipping charges charged by Elephant Cruiser, for the returned product without delay and, in any case, within 14 days of the Day on which the Consumer notifies that the right of withdrawal is being exercised Unless Elephant Cruiser offers to collect the product, it may defer the refund until it has received the product or until the Consumer has demonstrated that it has returned the product, whichever occurs first.
To effect the refund, Elephant Cruiser will use the same method of payment that the Consumer used, unless the Consumer agrees to a different method. The refund will be made at no cost to the Consumer. If the Consumer opted for a more expensive delivery method than the cheapest standard delivery method, Elephant Cruiser shall not be obliged to reimburse the additional costs of the more expensive method.
10. EXCLUSION OF THE RIGHT OF WITHDRAWAL
Elephant Cruiser may exclude the applicability of the right of withdrawal for the following products and services, but only if Elephant Cruiser clearly notified such exclusion in the offer or, in any case, sufficiently in advance of the conclusion of the contract:
1. Service contracts, after the provision of the service in its entirety, but only if:
to. the execution began with the express prior agreement of the Consumer; and
b. the Consumer has declared that he will lose his Right of Withdrawal as soon as Elephant Cruiser has fully performed the contract.
products manufactured according to the Consumer's specifications that are not pre-fabricated and that are manufactured on the basis of an individual choice or decision of the Consumer, or that are clearly intended for a specific person.
11. THE PRICE
1. During the validity period indicated in the offer, the Price of the products and/or services offered will not increase, except in the case of Price changes as a result of changes in VAT rates.
2. Price increases within 3 months of the conclusion of the contract are only allowed if they are the result of legal regulations or provisions.
3. Price increases after 3 months from the conclusion of the contract are only allowed if they were stipulated by Elephant Cruiser and:
to. increases are the result of legal regulations or provisions; either
b. the Consumer has the right to withdraw from the contract on the date the Price increase takes effect.
4. The Price of the products or services indicated in the offer includes VAT.
12. PERFORMANCE OF CONTRACT AND ADDITIONAL WARRANTY
1. Elephant Cruiser guarantees that the products and/or services comply with the contract, the specifications established in the offer, the reasonable requirements regarding reliability and/or usefulness and the legal dispositions and/or government regulations in force on the date on which the contract is signed. it was concluded. If so agreed, Elephant Cruiser also warrants that the product is suitable for other than normal use.
2. An additional guarantee provided by Elephant Cruiser can never limit the legal rights and claims that the Consumer may assert against Elephant Cruiser under the contract if Elephant Cruiser fails to fulfill its part of the contract.
3. An additional guarantee means each obligation assumed by Elephant Cruiser under which Elephant Cruiser grants to the Consumer certain rights or claims that, in scope, exceed those that Elephant Cruiser is required to grant by law if it has breached its part of the contract.
Despite strict quality controls during production and storage/transportation, Elephant Cruiser cannot offer a "100% leak proof" guarantee on water related products.
13. DELIVERY AND PERFORMANCE
Elephant Cruiser will exercise the greatest possible care in receiving and fulfilling orders for products and in evaluating requests for the provision of services.
The place of delivery is the address that the Consumer has made known to Elephant Cruiser.
With due observance of the relevant provisions of Article 4 of these general terms and conditions, Elephant Cruiser will execute accepted orders expeditiously and in any case within 30 days, unless a different delivery period has been agreed. . If the delivery is delayed or if the order cannot be executed or can only be partially executed, the Consumer will be informed of this no later than 30 Days after the Consumer has placed the order. In that case, the Consumer will be entitled to withdraw from the contract without incurring any costs and possibly be entitled to compensation.
4. Upon termination in accordance with the preceding paragraph, Elephant Cruiser will refund the amount paid by the Consumer without delay.
5. The risk of damage and/or loss of the products rests with Elephant Cruiser until the moment the products are delivered to the Consumer or to a designated representative and made known to Elephant Cruiser in advance, unless otherwise expressly agreed. .
14. PAYMENT
Provided that the contrary is not stipulated in the contract or in the additional conditions, the amounts owed by the Consumer must be paid within 14 Days following the beginning of the Withdrawal Period or, if a Withdrawal Period does not apply, within 14 days after the end of the contract. In the case of a service contract, this payment term begins on the Day following that on which the Consumer received the confirmation of the contract.
Regarding the distance sale of products to consumers, the Consumer may never be obliged in the general conditions to pay more than 50% in advance. If an advance payment is required, the Consumer may not
exercise any rights with respect to the execution of the order or the services in question before the required advance payment has been made.
3. The Consumer has a duty to inform Elephant Cruiser of inaccuracies in the provided or specified payment details without delay.
4. If the Consumer does not comply with its payment obligations on time, the Consumer, after being informed by Elephant Cruiser of the delay in payment and after Elephant Cruiser has granted the Consumer an additional period of 14 Days to comply with its payment obligations and the Consumer still fails to meet its payment obligations within this additional period of 14 Days, it will owe legal interest on the amount still due and Elephant Cruiser will be entitled to collect the extrajudicial collection costs incurred.
15. COMPLAINT PROCEDURE
1. Complaints about the performance of the contract must be fully and clearly described and submitted to Elephant Cruiser within a reasonable period of time after the deficiencies are discovered by the Consumer.
2. The response to a complaint submitted to Elephant Cruiser will be provided within 14 Days from the date the complaint was received. If more time is foreseeably required to handle a complaint, Elephant Cruiser will respond within 14 Days to confirm receipt and provide an indication of when the Consumer can expect a more complete response.
3. The Consumer must in any case give Elephant Cruiser 4 weeks to resolve the complaint in joint consultation.
16. APPLICABLE LAW
These T&C and the Agreements to which these T&C apply are governed by Spanish law. Disputes related to compliance and interpretation of these T&C and/or Agreements must be filed before the competent courts in Madrid. This does not affect your rights under your own national law.
ANNEX I: WITHDRAWAL FORM MODEL
Withdrawal Form Model
Only complete and return this form if you wish to withdraw from the contract.
For: Elephant Cruiser SL.
avd. Marquez del Duero 84
29670 San Pedro Alcántara – Marbella - Spain
Email: info@elephantcruiser.com
I/we* notify/notify* that I/we* withdraw from my/our contract for the sale of the following goods/for the provision of the following service*,
Ordered on (*)/received on (*),
Name of the consumer(s),
Address of the consumer(s),
Signature of the consumer (s) (only if this
form is notified on paper),
Date
(*) Delete as appropriate.
