Introduction

This contractual document will govern the General Conditions for contracting products (hereinafter, "Conditions") through the website tienda.elchecf.es/, owned by ELCHE CF SAD under the trademark ELCHE CF SAD, hereinafter, PROVIDER, whose contact details also appear in the Legal Notice of this website.

These Conditions will remain published on the website available for the USER to reproduce and save as confirmation of the contract, and may be modified at any time by ELCHE CF SAD. It is the responsibility of the USER to read them periodically, as those in force at the time of placing the order will be applicable. ELCHE CF SAD will file the electronic document where the purchase is formalized and will keep it at the USER's disposal in case he/she requests it.

Contracts shall not be subject to any formality with the exception of the cases expressly indicated in the Civil and Commercial Codes and in this or other special laws.

The acceptance of this document implies that the USER:

  • You have read, understand and comprehend the above.
  • Is a person with sufficient capacity to contract.
  • Assumes all obligations set forth herein.

These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the merchant is responsible and aware of the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without affecting the goods or promotions that were purchased prior to the modification.

Identity of the contracting parties

On the one hand, the PROVIDER of the products contracted by the USER is ELCHE CF SAD, with registered office at AVENIDA MANUEL MARTINEZ VALERO, 3 - 03208 ELCHE (Alacant), NIF A03039104 and customer service telephone 965459714.

And on the other hand, the USER, registered on the website by means of a username and password, for which he/she has full responsibility of use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual purchase and sale relationship between the PROVIDER and the USER at the moment the USER accepts the corresponding box during the online contracting process.

The contractual relationship of purchase and sale involves the delivery, in exchange for a specific price and publicly displayed through the website, of a specific product.

Rectification of data

When the USER identifies errors in the data published on the website or in the documents generated by the contractual relationship, he/she can notify ELCHE CF SAD at [email protected] so that ELCHE CF SAD can correct them as soon as possible.

The USER will be able to keep his/her data updated by accessing his/her user account.

Contracting procedure

The USER, in order to access the products or services offered by the PROVIDER, must be of legal age or emancipated minor and register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (GDPR) on the protection of natural persons with regard to the processing of personal data and the free movement of such data and the Organic Law 3/2018 of 5 December (LOPDGDD) on the protection of personal data and detailed in the Legal Notice and Privacy Policy of this website.

The USER shall select a user name and password, undertaking to make diligent use of the same and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft thereof or possible access by an unauthorized third party, so that the PROVIDER may proceed to block them immediately.

Once the user account has been created, we inform you that in accordance with the requirements of article 27 of Law 34/2002, of Services of the Information Society and Electronic Commerce (LSSICE), the contracting procedure will follow the following steps:

  1. General contracting clauses.
  2. Shipping and delivery of orders.
  3. Right of withdrawal.
  4. Online claims and dispute resolution.
  5. Force majeure.
  6. Competition.
  7. General information about the offer.
  8. Price and term of validity of the offer.
  9. Transportation costs.
  10. Method of payment, expenses and discounts.
  11. Purchase process.
  12. Dissociation and suspension or termination of the contract.
  13. Warranties and returns.
  14. Applicable law and jurisdiction.

1. GENERAL CONTRACTING CLAUSES

Unless otherwise stipulated in writing, the placing of an order with the PROVIDER shall constitute acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2. SHIPPING AND DELIVERY OF ORDERS

The PROVIDER will not ship any order until it has verified that payment has been made.

Shipments of goods will usually be made by MESSAGE EXPRESS (Correos Express), according to the destination freely designated by the USER.

The shipment will be made once the availability of the goods has been confirmed and the payment of the order has been verified.

The delivery time will be between 2 and 6 working days, depending on the destination town and the chosen payment method. The estimated shipping and delivery date will be provided prior to order confirmation.

Failure to execute the contract remotely

In the event that the contract cannot be executed because the contracted product or service is not available on time, the USER will be informed of the lack of availability and will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without any liability for damages attributable to the PROVIDER.

In case of unjustified delay on the part of the PROVIDER with respect to the reimbursement of the total amount, the USER may claim to be paid double the amount due, without prejudice to his right to be compensated for damages suffered in excess of such amount.

The PROVIDER shall not assume any responsibility when the delivery of the product or service does not take place due to false, inaccurate or incomplete data provided by the USER.

Delivery shall be deemed to have been made when the carrier has placed the products at the USER's disposal and the USER, or the USER's delegate, has signed the delivery receipt document.

The PROVIDER shall be liable to the USER for any lack of conformity existing at the time of delivery of the order, and the USER may, by means of a simple declaration, demand the correction of such lack of conformity, the reduction of the price or the termination of the contract. In any of these cases the USER may also demand, in addition, compensation for damages, if applicable.

The USER shall have the right to suspend payment of any outstanding part of the price of the purchased product until the PROVIDER complies with the obligations set forth in this contract.

It is the USER's responsibility to verify the products upon receipt and to state all reservations and claims that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, but a download activation on a website, the PROVIDER shall previously inform the USER regarding the procedure to be followed to perform this download.

3. RIGHT OF WITHDRAWAL

Cancellation form: https://tienda.elchecf.es//formulario-solicitud-desistimiento.pdf

The USER has a period of fourteen calendar days from the date of receipt of the product or from the conclusion of the contract of sale if it was a provision of a service, to exercise the right of withdrawal, regulated in Article 102 of Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the General Law for the Protection of Consumers and Users and other complementary laws, hereinafter RDL 1/2007. If the PROVIDER does not comply with the duty of information and documentation on the right of withdrawal, the term for its exercise shall end twelve months after the expiration date of the initial withdrawal period, in accordance with article 105 of RDL 1/2007.

The right of withdrawal shall not apply to the contracts referred to and listed in article 103 of RDL 1/2007, and which are listed here

All returns must be communicated to the PROVIDER, requesting a return number by means of the form provided for this purpose, or by e-mail to [email protected], indicating the corresponding invoice or order number.

In case the return is not made with the original delivery packaging, the PROVIDER may charge the cost of the product previously informing about it through the same communication channel used. Any customized product may not be exchanged or returned.

Once the USER has received the return number, he/she will send the product to the PROVIDER, indicating this number on the letter of shipment, with transportation costs at his/her expense, at the address of ELCHE CF SAD, AVENIDA MANUEL MARTINEZ VALERO, 3 - 03208 ELCHE (Alacant).

4. ONLINE CLAIMS AND DISPUTE RESOLUTION

Any complaint that the USER considers appropriate will be dealt with as soon as possible, and may be made at the following contact addresses:

Postal: ELCHE CF SAD, AVENIDA MANUEL MARTINEZ VALERO, 3 - 03208 ELCHE (Alacant)
Telephone: 965459714
E-mail: [email protected]

Online Dispute Resolution (Online Dispute Resolution)

Pursuant to Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for online dispute resolution between the USER and the PROVIDER, without recourse to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the ODR platform: http://ec.europa.eu/consumers/odr/

5. FORCE MAJEURE

The parties shall not be liable for any failure due to force majeure. The performance of the obligation shall be delayed until the cessation of the case of force majeure.

6. COMPETENCY

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any provision of these terms and conditions shall be deemed void or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected in any way, nor shall they be modified in any way.

The USER declares to have read, to know and to accept the present Conditions in all their extension.

7. GENERAL INFORMATION ABOUT THE OFFER

All sales and deliveries made by the PROVIDER shall be understood to be subject to these Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of ELCHE CF SAD or to what is stipulated herein, shall have effect, unless expressly agreed in writing signed by the PROVIDER, in which case, these particular agreements shall prevail.

8. PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product or service include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping or communication costs, handling or any other additional services and annexes to the product purchased.

The prices applicable to each product are those published on the website and are expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you will be able to check online all the details of the quotation: items, quantities, price, availability, shipping costs, charges, discounts, taxes and the total of the purchase. Prices may change daily until the order is placed, any offer or discount will not be valid once the payment has been made.

Once the order is placed, prices will be maintained whether products are available or not.

Any payment made to the PROVIDER shall entail the issuance of an invoice in the name of the registered USER or the company name provided by the USER at the time of placing the order. This invoice will be sent in paper format together with the purchased product. It will be possible to download the invoice in PDF format by accessing the web management panel with the user account. If you wish to receive it by e-mail, you must request it by any of the means that the PROVIDER makes available to you, informing you that you may revoke this decision at any time.

For any information about the order, the USER may contact the PROVIDER's customer service telephone number 965459714 or via e-mail at [email protected].

9. TRANSPORTATION COSTS

The prices published in the store do not include shipping or communication costs, installation or download costs, or complementary services, unless otherwise expressly agreed in writing.

The shipping costs will be calculated at the moment of saving the basket or quotation, since they are calculated according to the weight of the products and the delivery address.

The maximum transportation rate (VAT included) applied is as follows:

Peninsula 3.95€.

Outside the Peninsula may vary depending on the area of the order.

10. FORMS OF PAYMENT, CHARGES AND DISCOUNTS

The PROVIDER is responsible for the economic transactions and makes possible the following ways to make the payment of an order:

  • Credit card
  • Transfer

The USER may use a discount coupon prior to the completion of the purchase in case the USER has received it from the PROVIDER.

Safety measures

The website uses information security techniques generally accepted in the industry, such as SSL, data entered in secure page, firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.

The PROVIDER undertakes not to allow any transaction that is considered illegal by the credit card brands or the acquiring bank and that may or has the potential to damage their goodwill or negatively influence them.

It is prohibited under the card brand programs to sell or offer a product or service that does not comply with all laws applicable to the Purchaser, Issuing Bank, Merchant or Cardholder of the card(s).

11. PURCHASING PROCESS

Any product from our catalog can be added to the cart. In the shopping cart, only the items, quantity, price and total amount will be displayed. Once the cart is saved, taxes, charges and discounts will be calculated according to the payment and shipping data entered. Once the payment has been made, no additional discount will be applied.

The baskets do not have any administrative link, it is only a section where you can simulate a budget without any commitment on both sides.

From the shopping cart you can place an order by following the steps below for its correct formalization:

  1. - Verification of invoicing data.
  2. - Verification of the shipping address.
  3. - Selection of the payment method.
  4. - Place the order (buy).

Once the order has been processed, the system instantly sends an e-mail to the PROVIDER's management department and another to the USER's e-mail confirming the completion of the order.

Orders (purchase requests)

Information on the status of the order and the approximate shipping and/or delivery date will be provided prior to order confirmation.

12. DISSOCIATION AND SUSPENSION OR TERMINATION OF THE CONTRACT

If any of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

The PROVIDER may, without prior notice, suspend or terminate the USER's access to its services, in whole or in part, when the USER fails to comply with the obligations set forth in this contract or any applicable legal provision, license, regulation, directive, code of practice or policy.

When the PROVIDER exercises any of its rights or powers under this Clause, such exercise shall not prejudice or affect the exercise of any other right, power or remedy that may be available to the PROVIDER.

13. WARRANTIES AND RETURNS

The guarantees will respond to the provisions of the Title referred to "Guarantees and after-sales services" of the Royal Legislative Decree 1/2007, of November 16, 2007, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, which can be accessed by clicking here.

Any customized product cannot be exchanged or returned.

If you want to customize this section, you should check that the wording is in accordance with the provisions of the title of WARRANTIES AND AFTER-SALES SERVICES of Legislative Royal Decree 1/2007.

CONDITIONS OF RETURN OF THE PRODUCT ONLINE AND PHYSICAL STORE ACCORDING TO THE CURRENT ROYAL LEGISLATIVE DECREE 1/2007 OF 16 NOVEMBER GENERAL LAW OF CONSUMERS AND USERS.

The products purchased in the physical store of Elche CFSAD or in the club's online store, will be governed by the following general conditions.

The consumer has the right to return the product within 14 days from the date of delivery, provided that the product is in the same condition in which it was delivered, with its original packaging and seals.

In any case, it will be necessary to provide the corresponding receipt or proof of purchase.

In the event that the product is in poor condition or has been damaged through the fault of the consumer, the return will not be accepted and the store value will not be issued.

The consumer must submit a written request for return. For this purpose, a return form and a return process will be provided together with the delivery of the product online to facilitate the process.

Both in the physical store and in the online store, the consumer must make the request within the deadlines and in the manner detailed herein.

Once the return has been accepted, the consumer will receive a store voucher for the value of the returned product, which can be used on a future purchase.

The store voucher is valid for a period of 6 months from the date of issue and is not redeemable for cash. The consumer may only request a cash refund when the product has manufacturing defects.

The company reserves the right to change these conditions at any time without notice. In the event that the store changes its owner or manager, the vouchers delivered will not be binding for the new ownership, being able to request their compensation before ELCHE CFSAD in the offices of the entity.

  • INTERNATIONAL RETURNS

For any change outside the peninsula, the consumer must submit a written request for return by email ([email protected]), the consumer must send the product to the address, Av. Manuel Martínez Valero, attaching the reply of the mail and taking charge of the amount of shipping, once received and processed will be made the change of the product, this product must arrive in perfect condition and packaging.

Additional charges may be applied to the shipment due to add-ons.

14. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. Any dispute that may arise from the provision of products or services subject to these Conditions shall be submitted to the courts and tribunals of the domicile of the USER, the place of performance of the obligation or the place where the property is located if it is immovable.