Terms & Conditions1. IDENTIFICATION OF THE STORE OWNERThese provisions regulate the service of “ECOMM MOVADGENCY SL” for the sale of products through its web pages, with registered office at C/ Dublín, 1 Las Rozas, Madrid, 28232 and CIF B87936753, incorporated by public deed before the Notary of Madrid, Ms. MARIA EUGENIA REVIRIEGO PICÓN, on October 17, 2017, under protocol number 2,154, and registered in the Commercial Registry of Madrid, in Volume 36546, Folio 145, Page No. M-656418, entry 1 (hereinafter, “Ecomerzpro”), which it makes available to its customers through https://Ecomerzpro.net (hereinafter, the “Portal”).These Terms and Conditions are the only ones applicable to the purchase of products through this online store and supersede any others, unless expressly agreed to in writing by the Seller. These Terms and Conditions are important for both you and the Seller, as they are designed to create a legally binding agreement that protects your rights as a customer and the Seller's rights as a business. The customer declares that, by placing their order, they have read and accept these Terms and Conditions without reservation.These General Terms and Conditions may be amended or supplemented by Specific Terms and Conditions for the purchase of a particular product. In case of contradiction, the provisions contained in the Specific Terms and Conditions shall prevail.2. SALES METHODS AND COMMERCIAL RELATIONSHIP2.1 Distribution and Sale of ProductsEcomerzpro acts as an official distributor and authorized reseller of the products offered on this Portal. Product purchases are made directly under our commercial supervision. However, to ensure maximum transactional security and logistical efficiency, Ecomerzpro uses payment and fulfillment infrastructures from external technology partners.When initiating the purchase process, the user may be redirected to a secure payment platform managed by our official partners. The user acknowledges that this redirection is a technical security measure and that Ecomerzpro (ECOMM MOVADGENCY SL) remains the commercial entity responsible for the advertising offer.2.2 Sale of ebooks or digital contentThrough our portals you can purchase digital content, such as ebooks. The sales process for this digital content may vary depending on what is established in each specific case during the purchase process on each sales website. However, in general, you should select the digital content you wish to purchase and add it to your shopping cart. Afterwards, you can proceed to payment.At this point, a checkbox will be included where the customer will accept that "by checking this box, you accept that, once payment is made, the digital content will be downloaded immediately and you will lose the right of withdrawal". Additionally, after this download, an email will be sent to you with all the digital content purchased and downloaded so that you can keep it.Additionally, regarding the right of withdrawal for this type of product, the email sent to you will again inform you of the loss of the right of withdrawal under the terms set out in Clause 6.3.2.You can find more information about this process in our FAQs .3. ORDERS AND PAYMENT METHODSIn general, when placing an order through our Portal, the customer agrees that:You may only use this Portal to place legally valid orders.You may not place any false or fraudulent orders. If we have reasonable grounds to believe that such an order has been placed, we are entitled to cancel it and report it to the relevant authorities.You also agree to provide us with accurate and truthful email address, postal address and/or other contact details, and consent to us using this information to contact you if necessary (see our Privacy Statement). Please note that if you do not provide us with all the necessary information, we will not be able to process your order correctly and the delivery process may be delayed.Please assure us that you are over 18 years of age and have the legal capacity to enter into binding contracts.3.2 Shipment LocationStarting from the day you place your order, within an estimated 48 to 72 hours, you will receive an email with your order tracking information.If your order has been processed, you can obtain the tracking number by entering the order code and the email address used to make the purchase in the "Track your order" form, within the "FAQs" section of the Portal.The transport service provider may take between 3 and 7 days to activate the online tracking identifier, so we ask for your patience if it does not appear active on their website.If delivery of the product is not possible due to absence at the delivery location, incorrect address, or other reasons, we will contact you to provide you with the necessary information to collect the order.3.3 Customs dutiesIt is possible that, on certain occasions, the shipping company or customs may indicate that you will have to pay an additional fee for your order. This is because customs duties are applied randomly to orders entering each country and are beyond our control.In this regard, the customer will have to bear the costs related to these fees, as Ecomerzpro does not assume such charges. However, should this happen to you, we recommend that you pay the invoice and contact us directly using the form available in the “Customs Fees” section of the Portal's “FAQs”, attaching a photo of the payment, so that Ecomerzpro can do its best to ensure that you do not have to bear this expense.3.4 Payment methodsAll orders are placed online. To protect customer financial information, the Portal uses encrypted payment gateways from reputable third parties.Secure Redirection: The payment process is completed in the secure environment of our authorized payment partner.Charge Identification: The charge on the customer's bank statement may appear under the name Ecomerzpro or, alternatively, under the name of our associated payment processing entity.Verification: The customer must ensure that their payment method is enabled for international/online purchases and that they have sufficient funds.4. PRODUCTS4.1 Brand Information and AuthorizationEcomerzpro is an authorized retail reseller of the brands featured on the Portal. Although we are not the direct manufacturer, we guarantee the authenticity of the products and compliance with the specifications described. We recommend carefully reading the instructions and manuals provided by the manufacturer along with the product.4.2 Product withdrawalWe reserve the right to remove any product from any Ecomerzpro purchase page at any time and/or to delete or modify any material or content thereof. We will not be liable to the customer or to third parties for the removal of any product, nor for the deletion or modification of any material or content from the Portal.5. GEOGRAPHIC SCOPEThe articles offered through this website will be available in all countries where the website is accessible.6. RIGHT OF WITHDRAWAL6.1 Order processing and cancellation/modification requestsIn general, and in accordance with Decree-Law No. 1/2007 of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, consumers have the right to withdraw from purchases made remotely.Thus, and in accordance with current legislation, you may return the product and terminate the contract with us, without needing to provide a reason and without penalty, within 14 calendar days from the date of receipt of the purchased products or the purchase of an Additional Commercial Guarantee. To exercise this right, you may choose to return the product directly, properly packaged, new, unused and complete, to the following address:Calle Dublin, 1 Oficina 4A
28232
Las Rozas de Madrid
Madrid (Spain)Alternatively, you can submit the WITHDRAWAL FORM available through the form in the FAQ section “Return my order”, available on any of the websites and accessible at any time through the Portal.7. WARRANTY FOR PRODUCTS AND ADDITIONAL SERVICESEcomerzpro offers a legal warranty service in accordance with applicable regulations. In addition, we offer the possibility of purchasing an additional warranty service (legally, a commercial warranty), as described below.Difference between legal warranty and commercial warranty:
Generally, commercial warranties cover defects that cannot arise at the time of delivery due to product use, while the legal warranty of conformity covers defects caused by existing defects at the time of product delivery.7.1 What is a legal guarantee?Liability for product non-conformity is governed by Articles 114 et seq. of Royal Legislative Decree 1/2007 of November 16, which approves the consolidated text of the General Law for the Protection of Consumers and Users.This refers to the guarantee on the sale of consumer goods established by European Directive 2019/771, also known as "conformity guarantee," which protects the consumer when the purchased products do not conform to the sales contract (i.e., the products do not function correctly from the start, do not correspond to the description or characteristics provided by the seller, are not suitable for their intended normal use, or cannot be used as described by the seller).The legal warranty applies only to consumers, that is, those who purchase products for non-professional use. Therefore, as a consumer, you have the right to claim the legal warranty from the product seller, even if the seller is not the manufacturer.7.1.1 Rights conferred by legal guaranteeIf the product you purchased has a defect covered by the legal warranty, you have the right to demand that the seller repair or replace the defective product at no cost to you. Furthermore, you are also entitled to a price reduction or termination of the contract in the following cases:
(a) if repair or replacement is impossible or excessively costly;
(b) if the seller does not repair or replace the product within a reasonable period; or
(c) if repair or replacement causes you significant inconvenience.However, this does not mean that a minor defect that prevents the repair or replacement of the purchased products, or that makes such actions too costly, automatically entitles you to terminate this contract.7.1.2 Duration of the legal guarantee of conformity and consumer obligationsThe products offered by Ecomerzpro are covered by a legal warranty of three (3) years from delivery for new products, in accordance with consumer protection regulations. To benefit from the warranty, you must notify the seller of the defect within two (2) months of its detection.During the first two (2) years from the delivery of the product, any lack of conformity is presumed to have existed at the time of delivery, unless proven otherwise.The legal warranty for products sold directly by Ecomerzpro is provided by Ecomerzpro itself.Ecomerzpro will always assist the customer, through its customer support service, in managing any warranty applicable to the products purchased.7.2 Additional Commercial Guarantee (GCA)Ecomerzpro offers users the option to purchase an additional commercial warranty during the product purchase process. This warranty is an optional service that does not affect or limit the legal warranty in any way, which will always be free of charge for the user. Under no circumstances does this Additional Commercial Warranty replace and/or reduce the duration or content of the legal warranty in force during the period established in these Terms.GCA can be contracted for a period of one (1) or two (2) years.7.2.1 GCA CoverageThis service covers only the cost of repair or replacement for damage caused by wear and tear of the product that does not result from misuse. The customer is entitled to a single replacement or repair of the product limited to each twelve (12) month period, unless the new shipment has not been received or is damaged or defective.When filing a complaint, the customer must, within reason, truthfully answer the questions posed by Ecomerzpro and provide all available information (e.g., proof of purchase of the product), including photographic documentation whenever possible.Coverage includes:"Express" replacement through accelerated and urgent management of receiving and sending processes.Compensation with a similar or superior model from the catalog in case the purchased product is out of stock.Replacement of accessories worn out through proper use in technological products, watches or textiles, according to the categories described, or, alternatively, replacement of the entire product.Technological products: accessories or buttonsWatches: straps, buckles or buttons7.2.2 ExclusionsExcluded are:Improper use. The manufacturer's instructions, or, failing that, those of Ecomerzpro, must be followed, and the product must be handled reasonably and diligently. Otherwise, coverage may be denied or reduced proportionally, taking into account the severity of the damage and the degree of fault of the buyer.Intentional or malicious damage to the product.Loss, theft, or robbery of the product.In the case of technological products or smartwatches: cosmetic damage (such as scratches, dents or corrosion) or screen damage that does not affect the product's functionality.Accidental damage (falls, breakages, impacts).Damages resulting from intentional or fraudulent acts.Damage resulting from improper use contrary to instructions or technical specifications.Damage caused by malicious software.Failures due to software problems or updates.Any accessory or component not included with the product at the time of purchase, as well as any incompatible accessories.Any failure or cost related to product recalls by the manufacturer.7.3 Additional Premium Protection Service in TransportationThe contracting of this Additional Service is voluntary and is intended exclusively to improve and expedite the handling of shipments and the eventual resolution of incidents during transport, without in any way limiting your consumer rights under Royal Legislative Decree 1/2007 and these Terms.By subscribing to this service, in addition to the rights granted to you by applicable regulations, the Premium Protection Service will include:Your complaint will be given priority attention in resolving.Priority service from the support team, with resolution within 48 business hours.Enhanced order tracking, with personalized email notifications.Direct management and communication with the transportation company, without the need for consumer intervention.Please refer to the "Exceptions to the right of withdrawal" applicable to this Service in Clause 6.3.3 of these Terms.8. POLICY FOR UNDELIVERED OR UNCOLLECTED ORDERSIf delivery is not possible due to reasons attributable to the consumer (such as absence at the address, refusal to receive, failure to collect, or error in the data provided), the order may be returned to the seller.In such cases:The seller will contact the consumer to provide the necessary instructions for collecting the order.If there is no response or action from the consumer within 30 days, the order will be considered abandoned and the case will be closed.The Seller will keep the product for a maximum period of 90 days. After this period, the Seller may destroy the product or use it for another purpose, without the consumer being entitled to compensation.Any request for reopening or subsequent complaint will be evaluated by the Seller on a case-by-case basis.9. RESPONSIBILITYTo the extent permitted by applicable law, Ecomerzpro will not be liable for:losses not attributable to any breach on our part;Business losses (including loss of profits);Indirect or consequential losses that were not reasonably foreseeable at the time the contract was entered into.Nothing in these Terms shall exclude or limit the rights of consumers recognized by applicable law, nor Ecomerzpro's liability for death or personal injury resulting from negligence or willful misconduct.10. PRICEThe price of products will be as indicated at any given time on the Ecomerzpro Portal pages. Prices include all applicable taxes.Shipping costs will be calculated and displayed during the checkout process, according to the options chosen by the customer.Invoices for purchases made will be provided in electronic format (PDF).11. WRITTEN COMMUNICATIONSThe consumer accepts that communications between Ecomerzpro and the user may be carried out electronically (email or SMS). These communications will have the same legal validity and probative force as if they were made in writing on paper.12. RIGHT TO CHANGE THESE TERMSEcomerzpro reserves the right to review and modify these Terms at any time.In any case, the consumer will be subject to the conditions in effect at the time of each purchase.13. LOCATION FOR SUBMITTING COMPLAINTSThe user may direct complaints to the following address:C/ Dublín, 1, Las Rozas, Madrid, 28232, Spain .14. APPLICABLE LAW AND JURISDICTIONThese Terms and Conditions shall be governed by and construed in accordance with Spanish law.If the user acts as a businessperson: the exclusive jurisdiction of the Courts of Madrid (Spain) will apply.If the user is a consumer: the court of the consumer's domicile will have jurisdiction.15. ONLINE RESOLUTION OF CONSUMER DISPUTESIn accordance with Law 7/2017 of November 2, which transposed Directive 2013/11/EU, we inform you that consumers have access to the European Online Dispute Resolution (ODR) platform of the European Commission.