TERMS AND CONDITIONS

WEBSITE USAGE

These Terms are the only conditions applicable to use of this website and supersede any other, except with the prior express written permission of Seller. These conditions are important both for you and for us as they have been designed to create a legally binding agreement between us protect your rights as a customer and our rights as a business. You represent that, when ordering, you have read and accepted without reservations the present conditions. You agree that: You may only use the website to make legally valid inquiries or orders. You may not make any speculative, false or fraudulent. If we have reasonable grounds to believe that it has placed an order we shall be entitled to cancel the order and inform the relevant authorities. You also undertake to provide us with a true and correct e-mail address, mailing address and / or other contact details and consent that we may use this information to contact you if necessary (see our Privacy Policy). If you do not give us all the information we need, we can not complete your order. By placing an order through this website, you warrant that you are 18 years old and are legally capable of entering into binding contracts.

 

AVAILABILITY OF THE SERVICE

The items offered through this website are only available in the destinations listed in the shipping section.

 

HOW TO EXECUTE THE CONTRACT

This information and the details contained in this website does not constitute an offer to sell, but an invitation to do business. No contract will exist between you and us in relation to any product until your order has been accepted by us. If your offer is not accepted and already had made him a position in your account, the amount thereof will be refunded in full. To order, follow the procedure of buying on-line and click "Authorize payment". After that, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Note that this does not mean that your order has been accepted, since it constitutes an offer by you to us for us to buy one or more products. All orders are subject to acceptance by us and we will confirm such acceptance by sending a mail that confirms that the product has been dispatched (the "Order Confirmation"). The contract for the purchase of a product between us (Contract) will only be formed when we send you the Order Confirmation. The Contract will only those products listed in the Order Confirmation. We will not be obliged to supply any other products which may have been asked to confirm you sending them on a separate Order Confirmation.

 

PRODUCT AVAILABILITY

All orders for products are subject to the availability of data and, in this sense, if there are difficulties in terms of supply or no longer in stock, we reserve the right to provide information about quality substitutes and equal or greater value that you can order. If you do not wish to order such substitute products we will reimburse any monies that you might have paid.

 

ORDER PROCESS REFUSAL

We reserve the right to withdraw any products from this website at any time and / or remove or edit any materials or content. While we do our best to process all orders, there may be exceptional circumstances we may need to refuse to process an order after we have sent the order confirmation, and we reserve the right to do so at any time, at our sole discretion. We will not be liable to you or to any third party by reason of our withdrawing any product from this website, regardless of whether the product has been sold or not, remove or edit any materials or content on the website or for refusing to process an order after we have sent the Order Confirmation.

 

RIGHT TO WITHDRAW FROM PURCHASE

If you are contracting as a consumer, you may cancel the Contract at any time within 7 days of shipping confirmation of your order. In this case, we generate a Voucher (only of the items returned, not the shipping cost) equal to the price you paid for the products in accordance with our Returns Policy. Your right to cancel a Contract shall apply exclusively to those products that are returned in the same condition in which you received them. Should also include all the instructions, documents and packaging products. There will be no Voucher if the product has been used or if it has been damaged, so you should be careful with the product / s while in its possession. Please try to take reasonable care of the products whilst in your possession and keep, if possible, boxes and original packaging in case of return. This provision does not affect the consumer rights recognized by law.

 

DELIVERY

Unless extraordinary circumstances, we will try to send the request of the product / s listed in the Order Confirmation by the delivery date set out in the Order Confirmation or, if this were not specified any delivery date, in within 15 days from the date of delivery confirmation. The delay may be due to the following reasons: Unforeseen circumstances Caravan delivery. If for some reason we can not meet the delivery date, we will inform you of this 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 however that does not deliver on Saturdays, Sundays and nacional or local holidays. For the purposes of these Conditions, be deemed to have produced the "delivery" or the product / s has/have been "delivered" at the time of signing for receipt of them on the agreed delivery address.

 

INABILITY TO DELIVER

If we are unable after two attempts to deliver, we will try to find a safe place to leave your parcel. We will leave a note explaining where your parcel is and how to collect it. If you will not be in the place of delivery at the agreed time, please get in touch with us to arrange delivery for another day.

 

RISK AND OWNERSHIP TRANSFER

The risk of the Products shall be your responsibility from the time of delivery. You will acquire the ownership of the goods when we receive full payment of all sums due in respect thereof, including shipping charges, or upon delivery (as defined in clause "Delivery Failure" ), whichever is at a later time.

 

PRICE AND PAYMENT

The price of any products will be as stipulated from time to time on our website, except in cases of obvious error. Although we try to ensure that all prices listed on the website are accurate, errors may occur. If we discover an error in the price of products you have ordered we will inform you as soon as possible and give you the option of re-confirming your order at the correct price or canceling it. If we are unable to contact you, the order will be canceled and you will receive a full refund have already paid. Not be obliged to supply the product / s to incorrect lower price (even after we have sent you the Order Confirmation) if the pricing error is obvious and unmistakeable and could have been reasonably recognized by you as incorrect price. The prices on the website include VAT but exclude shipping costs to be added to the total amount due as set out in our Delivery Costs Guide. Prices may change at any time, but (except as noted above) changes will not affect orders in respect of which we have already sent you a Order Confirmation.

Once you have made your purchases, all items you wish to purchase are added to your cart and the next step will process the order and make payment. To do this:

  • Click on the "Cart" on the top of the page.
  • Fill in or check the contact information, the details of your order, the address to which you want it to be sent the order and the address to which it will refer the bill.
  • Select the desired method of shipping or best suits your needs.
  • Check the box to authorize the General Conditions of Purchase.
  • Select the desired payment mode.

 

If your method of payment is PayPal, the charge will be made at the time that we confirm the order. If your payment method is transfer, the order will be held five days waiting for the payment, if not efectuase during those five days, would be annulled.

 

VAT

All purchases made through the website will be subject to value added tax (VAT), whatever the destination.

 

EXCHANGE AND RETURN POLICY

Returns in exercise of the right to withdraw the purchase. We have post-sales service to solve any problems with our items or shipments through which we try to offer a fast and efficient service to our customers. To make an exchange or refund, please send an e-mail to info.esnob@gmail.com with the subject "RETURNS (Order Number)", indicating the order number, the item reference you wish to return, the reasons for this and all your data back. You can also call to resolve your concerns.

How to carry out the return:

  • If for any reason you are not satisfied with your order, you have a period of 14 working days from the date of delivery of the order, to return (According to Article 44 of Law 7/1996, of January 15 "ordenación del comercio minorista" amended by Law 47/2002, of December 19.).
  • After communicating his desire to carry out  the return via email, we will tell you the address to send the parcel.
  • Just send us the parcel in perfect condition and in their original packaging, including guarantees, labels and instructions for use in case the item/s carry him previously. The return shipping costs incurred in returning a product are responsibility of the customer. It is very important that you return the product / s perfectly packaged. In case the product/s are damaged due to improper packaging, we will not accept the return. May not be never USED items. Nor will accept returns of DVDs, books or any item that is sealed, if they lack the original seal. In such cases, we will return the order to the customer, not taking charge in any way for the non-acceptance of the goods by hand, being able to require the customer to pay all expenses incurred for such damage.
  • Once we receive the parcel in our stores and after reviewing the items, will contact you if you are entitled to a refund, and if everything is correct, proceed to carry out a voucher for the value of the item or items returned. If the Payment Mode selected in the original order had been COD (cash on delivery), this are always paid by the customer, that is, under no circumstances paid back to the customer, or in the form of voucher or any other item . The customer can use the voucher when deemed appropriate, not having any expiry.
  • Issue a Coupon is only be available to the customer for use when deemed appropriate.
  • There shall be no exchange or return goods that are not in the same condition as when received, or have been worn beyond simply opening the product.

 

Returns of defective items. In cases where you consider that at the time of delivery the product does not meet the terms of the contract, please contact us immediately, sending an e-mail with the subject info.esnob@gmail.com "DEFAULT (Order Number)", indicating in the mail the order number, reference item / s you consider bad or wrong, the reasons for return (defects or problems seen) pictures of the problem if and all necessary data. Please return the item using or including its original packaging as well as instructions, documents and wrappings that may accompany it. The product is able to return home by handing it over to send a messenger. Fully examine the returned item and will notify you by e-mail within a reasonable period whether any refund or replacement thereof (if any). The refund or replacement item will be made as soon as possible and, in any case, within 30 days from the date we send you an email confirming that a refund or replacement of the nonconforming item. The amounts paid for products that are returned due to some defect or defect, where one exists, will be refunded in full, including delivery costs incurred to deliver the item. We will refund in the same form of payment that was used to pay for the purchase. This excludes the rights recognized by law.

 

LIABILITY AND DISCLAIMER

Our liability in connection with any product purchased on our website is strictly limited to the purchase price of such Product. Nothing in these Terms shall exclude or limit in any way our liability: In case of death or personal injury caused by our negligence; In case of fraud or fraudulent misrepresentation, or In any case in which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit our liability. Without prejudice to the previous paragraph and in so far as permitted by law, and unless these Conditions otherwise provided, we accept no liability for consequential damages that occur as a side effect of the loss or major damage, arising in any way, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including without limitation the following: loss of income or revenue; loss of business; loss of profits or contracts loss of anticipated savings; data loss, and time loss management or office time. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted or obtained through this website unless it is established otherwise specified in the same. All product descriptions, information and materials contained in this website are provided "as is where is" and without warranties express, implied or arising in any other way. To the extent possible as permitted by law, we exclude all warranties leaving than those warranties which can not lawfully be excluded against consumers. The provisions of this clause does not affect your statutory rights as a consumer, or your Contract cancellation rights.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademark and other intellectual property rights in all material or content supplied as part of the website belong to us at all times to us or our licensors for your use. You may use this material only in the way as expressly authorized by us or our licensors for your use. This does not prevent you using this website to the extent necessary to copy the information on your order or Contract details.

 

WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to be in writing. By using this website, you agree that the majority of communication with us will be mainly electronic. We will contact you via email or we will provide information hanging notices on this website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically satisfy any legal requirements to be in writing. This condition does not affect your statutory rights.

 

NOTIFICATIONS

We may give notice to either the e-mail or to the postal address you provide to us when placing an order. Notices shall be deemed to have been received and properly served 24 hours after an e-mail sent, or three days after the date of posting of any letter. To prove that the notice has been made, will be sufficient to prove, in the case of a letter, that was the right direction, was properly sealed and was duly delivered by email or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.

 

WARRANTY 

All esnob.eu customers benefit from the guarantee given by the various manufacturers of each of the items. Defects or damage due to incorrect use or manipulation of material or wear caused by normal use thereof, are not included in this warranty. The decreases in the functionality of the items, due to limitations of design thereof, are also excluded from coverage under this warranty. See expert advice from our customer service.
 
 

TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any rights or obligations arising under it to them, or for you, without obtaining our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract or any rights or obligations arising under it for us, at any time during the term of the Contract. For avoidance of doubt, such transfers, assignments, liens or other transfers will not affect the rights that you have as consumers recognized by law or canceled, reduced or otherwise limited warranties express or implied, that we could have granted them.

 

EVENTS BEYOND OUR CONTROL

We will not be responsible for any failure or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). The Force Majeure Event includes any act, event, lack of exercise, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: Strikes, lockouts or other industrial action. Civil commotion, riot, invasion, terrorist attack or threat of terrorism, war (whether declared or not) or threat or preparation for war. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of transportation, public or private. Inability to use public or private telecommunications networks. Acts, decrees, legislation, regulations or restrictions of any government. Strike, failure or accidents borne transport, postal or other transportation. It is understood that fulfilling our obligation under any Contract is suspended during the period that the Force Majeure Event continues, and we will have an extension in the time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure or to find a solution by which our obligations under the Contract despite the Force Majeure Event.

 

RESIGNATION

If during the term of a Contract, we stopped insisting on strict performance of any of its obligations under it or any of these Terms, or if we stopped exercise any of the rights or remedies that we were entitled to exercise or filing under this Contract or these Conditions shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. The sacrifices we make to enforce shall not constitute a waiver by us to require any subsequent default. No waiver by us of any of these Terms shall be effective, unless expressly stipulated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

 

DIVISIBILITY

If any of these Conditions or any provisions of a Contract are held to be invalid, illegal or unenforceable to any extent by the competent authority, be severed from the remaining terms and provisions shall remain valid to the extent as permitted by law.

 

INTEGRITY OF THE AGREEMENT

These Terms and any document expressly referred in to them represent the entire agreement between you and us relating to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or writing. You and we acknowledge agreeing to enter into this Agreement without having relied on any statement or promise made by the other party or which may be inferred from any statement or written in the negotiations between the two prior to such Contract except that which is expressly referred to in these Conditions. Neither you nor us shall have any remedy in respect of any untrue statement made by the other party, orally or in writing, prior to the date of the Contract (unless such untrue statement had made fraudulently) and the only recourse available to the United other hand be for breach of contract as provided in these Conditions.

 

OUR RIGHT TO AMEND THESE CONDITIONS

We have the right to revise and amend these Terms at any time. You will be subject to the policies and Conditions in force at the time that you order, unless by law or governmental authority should do changes in those policies, Terms or Privacy Statement, in which case it will apply to orders that you have done previously.

 

LAW AND JURISDICTION

Contracts for the purchase of products through our website will be governed by Spanish law. Any dispute arising from or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts. If you are contracting as a consumer, nothing in this clause shall affect the rights and as such we recognize the law.