1. IDENTIFICATION OF THE STORE OWNER

These provisions regulate the web service operated by the legal entity "Ecompro Media S.L.U." for the sale of products through its web pages, with registered office at C/ Dublín, 1, Las Rozas, Madrid, 28232 and C.I.F. ESB88500913, constituted by deed number 2019/4572, dated the sixteenth of October two thousand nineteen, authorized by the notary MUÑOZ GARCÍA-BORBOLLA PEDRO, which was filed on the twenty-third of October two thousand nineteen, with entry number 1/2019/154333,0, journal 125, entry 404, and was registered on the seventh of November two thousand nineteen, in volume 39816, folio 81, registration 1 with sheet M-707415, of the entity ECOMPRO MEDIA SL (hereinafter, "Ecompro Media"), which is made available to its customers through https://ecompromedia.com (hereinafter, the "Portal").

These Terms and Conditions are the sole applicable conditions governing the purchase of products through this online store and replace any others, except with the prior, express, and written consent of the Seller. These Terms are important both for You and for the Seller, as they are designed to establish a legally binding agreement protecting Your rights as a customer and the rights of the Seller as a company. By placing Your order, You declare that You have read and unreservedly accept these Terms.

These General Conditions may be amended or supplemented by Specific Conditions for the acquisition of certain products. In the event of contradiction, the provisions contained in the Specific Conditions shall prevail.

2. SALES MODALITIES

2.1 Direct Sale of Products by Ecompro Media S.L.U.

Through our Portal, You may purchase products marketed directly by Ecompro Media S.L.U.. In such cases, we shall act as the direct seller of the products, and such purchases shall be subject to these contractual terms. Once You place an order, we will confirm receipt of the order and notify You regarding the shipment of the products. Our Portal sells products only in quantities customary for normal consumer use, and orders in excessive quantities shall not be processed.

2.2 Sale of eBooks or Digital Content

Through our Portals, You may acquire digital content, such as eBooks. The commercialization process of such digital content may vary depending on the specific terms established during the acquisition process on each commercial website. As a general rule, You must select the digital content You wish to purchase and add it to Your shopping cart. Payment must then be completed.

At that stage, a checkbox will be displayed in which You will acknowledge that “by checking this box You agree that, once payment is completed, the digital content will be downloaded immediately, and You will lose Your right of withdrawal.” Additionally, once the download is complete, You will receive an email with all digital content purchased and downloaded, for Your retention.

Furthermore, regarding the right of withdrawal for such products, 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 may consult further information on this process in our FAQs.

3. ORDERS AND PAYMENT METHODS

By placing an order through our Portal, You agree that:

  • You may only use this Portal to place legally valid orders.

  • You may not place any false or fraudulent orders. Should we have reasonable grounds to believe that such an order has been placed, we shall be authorized to cancel it and notify the relevant authorities.

  • You are required to provide us with accurate and truthful information regarding Your email address, postal address, and/or other contact details, and You consent that we may use such information to contact You if necessary (see our Privacy Policy). Please note that if You fail to provide all necessary information, we will not be able to process Your order correctly, and delivery may take longer than expected.

  • You guarantee that You are at least 18 years old and have the legal capacity to enter into binding contracts.

You may access at any time all information and forms detailed below through our Portal.

3.1 Delivery Period

The delivery period for products is a maximum of thirty (30) calendar days from the conclusion of the contract.

If the delivery period for Your order exceeds the timeframe indicated in this clause, You may contact us directly by completing the form available in the “Delivery Period” section within the FAQs of the Portal, and we will contact You to provide an appropriate solution based on the circumstances.

If Your order has been processed, You may obtain the tracking number by entering Your order code and the email address used when placing the order.

If, for any reason, we are unable to meet the delivery date, we will notify You of such circumstance and give You the option to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund of the price paid.

3.2 Shipment Tracking

Within an estimated period of forty-eight (48) to seventy-two (72) hours from the day You place Your order, You will receive an email with tracking information for Your shipment.

If Your order has been processed, You may obtain the tracking number by entering Your order code and the email used for the purchase in the “Track Your Order” form available in the FAQs section of the Portal.

The transport service provider may take between three (3) and seven (7) days to activate the online tracking identifier, so we kindly request Your patience if it does not appear as active on their website immediately.

In the event of absence at the delivery address, incorrect addresses, or other similar issues preventing delivery, we will contact You to provide the necessary information for collection of the order.

3.3 Customs Duties

In certain cases, the transport company or customs authorities may require You to pay an additional fee for Your order. This occurs because customs duties are randomly applied to orders entering each country, and such fees are beyond our control. In such cases, You shall be responsible for paying such costs, and Ecompro Media S.L.U. does not assume such charges.

Nevertheless, should this occur, we recommend that You pay the invoice and then contact us directly via the form available in the “Customs Duties” section of the FAQs on the Portal, attaching a photo of the invoice payment so that Ecompro Media S.L.U. can take all reasonable steps to assist You in not bearing such expense.

3.4 Payment Methods

All orders are processed online through our purchase websites on the Portal. The accepted payment methods shall be displayed on the website where the purchase is made.

When making payment, You must take into account the following:

  • Provide a single phone number, with all digits together, without spaces or hyphens.

  • Complete all fields of the shipping address. If You cannot complete a field, please repeat Your city or country, as applicable.

  • Verify that the payment method being used has sufficient funds and is enabled for online purchases, as well as ensuring that the currency is accepted by the payment methods, and that You have correctly entered the card’s CSV code (normally found on the back of the card).

4. PRODUCTS

4.1 Product Information

Under no circumstances is Ecompro Media S.L.U. the manufacturer of the products sold on the Portal. While we make every effort to ensure that the information displayed on our Portal is accurate, in certain cases the packaging and product materials may contain information different from that appearing on our Portal, and components or product characteristics may change.

For this reason, we recommend that You do not rely exclusively on the information available on our Portal but also carefully read the instructions and manuals provided with the Product before use.

4.2 Withdrawal of Products

We reserve the right to withdraw any product from any of the Ecompro Media S.L.U. purchase websites at any time and/or to remove or modify any material or content thereon. We shall not be liable to You or to any third party for withdrawing any product, or removing or modifying any material or content from the Portal.

5. GEOGRAPHICAL SCOPE

The items offered through this website are available in all countries where the website is accessible.

6. RIGHT OF WITHDRAWAL

6.1 Order Processing and Requests for Cancellation/Modification

Due to the high efficiency of our logistics systems, orders begin to be processed immediately after purchase is completed. For this reason, it is normally not possible to cancel or modify an order once it has been placed.

We recommend that You carefully review Your order before finalizing the purchase. In the event You require urgent assistance, You may consult the FAQs section of our Portal, where You will find the forms and resources available to contact our customer service team.

6.2 Right of Withdrawal

In general, and pursuant to Royal Legislative Decree 1/2007 of 16 November approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, consumers and users have the right to withdraw from purchases made at a distance.

Accordingly, and in accordance with applicable law, we inform You that You may return the product and terminate the contract entered into between us, without having to justify such decision and without any penalty, within fourteen (14) calendar days from the receipt of the purchased products or from the time of contracting the Additional Commercial Warranty. To exercise this right, You may either send the product directly to us, duly packaged and, without prejudice to any handling necessary to establish its nature, characteristics and functioning, new, unused, and complete, or by sending the WITHDRAWAL FORM accessible through the form in the FAQ section "Return my order," available on all Ecompro Media S.L.U. websites and accessible at all times on the Portal.

The user, as consumer, shall only be liable for any diminished value of the goods resulting from handling other than that necessary to establish their nature, characteristics or functioning.

In addition, to manage Your right of withdrawal, You must take into account the following:

  • All products must be returned in their original packaging and condition, in perfect state and protected, avoiding the use of any adhesive elements directly on the surface or packaging of the product. Otherwise, and always within the limits permitted by applicable law, Ecompro Media S.L.U. reserves the right to refuse such return.

  • You must send the products without undue delay, following our instructions and including the aforementioned form, within a maximum period of fourteen (14) days from the date You informed us of Your decision to exercise this right.

  • Return shipping costs shall be borne by You.

  • Refunds will be processed as soon as possible and within a maximum of fourteen (14) calendar days from the date You exercise Your right of withdrawal. Please note that we may withhold reimbursement until we have received the products, or until You have provided proof of return of the same, whichever occurs first.

6.3.1 General Exceptions to the Right of Withdrawal

The right of withdrawal, pursuant to Article 103 of the General Law for the Protection of Consumers and Users, shall not apply to contracts relating to:

  • The provision of services, once the service has been fully performed, where performance has begun with the consumer’s prior express consent and acknowledgment that, once the contract has been fully performed by the trader, they will have lost their right of withdrawal.

  • The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader’s control, which may occur during the withdrawal period.

  • The supply of goods made to the consumer’s specifications or clearly personalized.

  • The supply of goods liable to deteriorate or expire rapidly.

  • The supply of sealed goods not suitable for return for health protection or hygiene reasons and which have been unsealed after delivery.

  • The supply of goods which, after delivery and by their nature, have been inseparably mixed with other items.

  • The supply of alcoholic beverages, the price of which was agreed upon at the time of the contract of sale, and which cannot be delivered before thirty (30) days, and whose actual value depends on market fluctuations beyond the trader’s control.

  • Contracts where the consumer has specifically requested the trader to visit them to carry out urgent repair or maintenance work; if, on that occasion, the trader provides additional services beyond those specifically requested by the consumer or supplies goods other than spare parts necessarily used in performing the maintenance or repair work, the right of withdrawal shall apply to those additional services or goods.

  • The supply of sealed audio or video recordings or sealed computer software that have been unsealed by the consumer after delivery.

  • The supply of daily newspapers, periodicals, or magazines, with the exception of subscription contracts for the supply of such publications.

  • Contracts concluded at a public auction.

  • The supply of accommodation services for purposes other than housing, transportation of goods, car rental, catering, or services related to leisure activities, if the contracts provide for a specific date or period of performance.

  • The supply of digital content not provided on a tangible medium when the performance has begun with the consumer’s prior express consent and acknowledgment that they thereby lose their right of withdrawal.

For clarification purposes, please note the following particularities applicable to products and/or services acquired and/or contracted from Ecompro Media S.L.U.:

With respect to the exercise of the right of withdrawal detailed below, the performance of the service, such as delivery services, or the acquisition of digital content, shall be deemed to have occurred at the time we first provide You with access to the Services or Content (as applicable), which shall be immediately after purchase.

6.3.2 Right of Withdrawal for “e-book” or Digital Content Products

When purchasing an e-book or other digital content from our Portal, once the download of the digital content has begun, You acknowledge that such download constitutes Your request for immediate performance of the service and understand that this entails the loss of Your statutory right of withdrawal with respect to such digital content, as set forth in Clause 3.2 of these Terms and Conditions.

Accordingly, when You accept the checkbox acknowledging the loss of the right of withdrawal, and once payment is completed and the download/delivery of the digital content begins, You will be informed again in the confirmation email sent after completion of the download.

6.3.3 Withdrawal from the Additional Premium Transport Protection Service

As this relates to an Additional Transport Protection Service, it is possible that, if You exercise the right of withdrawal, part of the service may already have been effectively performed.

Therefore, if performance of the Service began before Your request for withdrawal, You shall only be entitled to a refund proportionate to the Services effectively received. For example, if You have already received the Services for three (3) days before Your request for withdrawal, You will be entitled to a refund for the total coverage of the Services, less the cost for having received Services for three days. Your refund will be processed in accordance with these Terms. No fee will be charged as a result of such refund.

For this reason, at the time You purchase the Additional Premium Transport Protection Service, You will be specifically informed of this condition, and You will again be notified of it in the confirmation email sent once the purchase of the Product(s) has been completed.

7. WARRANTY OF PRODUCTS AND ADDITIONAL SERVICES

Ecompro Media S.L.U. offers a statutory warranty service in accordance with applicable regulations. Additionally, we offer the possibility of purchasing an additional warranty service (legally, a commercial warranty) as set out below.

Difference between the statutory warranty and the commercial warranty:
In general, commercial warranties cover malfunctions that cannot appear at the time of delivery due to use of the product, whereas the statutory conformity warranty covers malfunctions caused by defects existing at the time of delivery of the product.

7.1 What is the statutory warranty?

Liability for lack of conformity of the product shall be governed by Articles 114 and following of Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users.

It is the warranty on the sale of consumer goods established by European Directive 2019/771, also known as the “conformity warranty,” which protects the consumer when purchased products do not conform to the sales contract (i.e., the products do not function correctly from the outset, do not match the description or characteristics provided by the seller, are not fit for their ordinary intended use, or cannot be used as described by the seller).

The statutory warranty only applies to consumers, i.e., those who purchase products for non-professional use. Therefore, as a consumer, You are entitled to claim the statutory warranty against the seller of the product, even if the seller is not the manufacturer.

7.1.1 Rights granted under the statutory warranty

If the product You purchased has a defect covered by the statutory warranty, You have the right to require the seller to repair or replace the defective product, at no cost to You. Additionally, You also have the right 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 the repair or replacement causes significant inconvenience to You.

However, this does not mean that a minor defect preventing repair or replacement of the products purchased, or making such actions very costly, automatically entitles You to terminate this contract.

7.1.2 Duration of the statutory conformity warranty and consumer’s obligations

The products offered on Ecompro Media S.L.U. are covered by a statutory warranty of three (3) years from delivery for new products, in accordance with consumer and user regulations. To make use of the warranty, You must notify the seller of the defect within two (2) months of discovering it.

During the first two (2) years from delivery of the product, it shall be presumed that any lack of conformity already existed at the time of delivery, unless proven otherwise.

The statutory warranty of products sold directly by Ecompro Media S.L.U. is provided by Ecompro Media S.L.U..

Ecompro Media S.L.U. will always assist You through its customer service in managing any applicable warranty for the products purchased.

7.2 Additional Commercial Warranty (ACW)

Ecompro Media S.L.U. offers users, during the product purchase process, the possibility of contracting an additional commercial warranty. This warranty is an optional service that does not affect or limit in any way the statutory warranty, 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 statutory warranty in force for the period established under these Terms.

The ACW may be contracted for a period of one (1) or two (2) years.

7.2.1 ACW Coverage

This service only covers the cost of repair or replacement for damage caused by product wear that is not due to improper use. You are entitled to a single replacement or repair of the limited product per twelve (12) month period, unless the replacement was not received or was damaged or defective.

When submitting a claim, You must, within reason, answer Ecompro Media S.L.U.’s questions truthfully and provide all information available (e.g., proof of purchase of the product acquired), including photographic documents if possible.

Coverage includes:

  • Express replacement through an expedited and urgent handling of receipt and shipping processes.

  • Compensation with a similar or superior model from the catalog in the event of lack of stock of the purchased product.

  • Replacement of accessories worn out through proper use in technological products, watches, or textiles according to the described categories, or, failing that, replacement of the complete product.

Technological products: accessories or buttons
Watches: straps, buckles, or buttons

7.2.2 Exclusions

Exclusions include:

  • Improper use. Manufacturer’s instructions, or failing that, Ecompro Media S.L.U.’s instructions, must be followed, and the product must be handled reasonably and diligently. Otherwise, coverage may be denied or reduced proportionally, taking into account the seriousness of the resulting damage and the degree of buyer’s fault.

  • Intentional or willful 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 product functionality.

  • Accidental damage (drops, breakages, impacts).

  • Damage resulting from intentional or fraudulent acts.

  • Damage due to improper use contrary to instructions or technical specifications.

  • Damage caused by malicious software.

  • Failure due to software issues or updates.

  • Any accessory or component not included with the product at the time of purchase, and no coverage shall be provided for any incompatible accessory.

  • Any failure or cost related to manufacturer’s product recalls.

7.3 Additional Premium Transport Protection Service

Contracting this Additional Service is voluntary and solely intended to improve and expedite shipment handling and potential resolution of issues during shipping, without in any way limiting Your consumer rights under Royal Legislative Decree 1/2007 and these Terms.

By contracting this service, in addition to the rights granted to You by applicable consumer regulations, the Premium Protection Service will include:

  • Priority handling in resolving Your claim.

  • Preferential attention from the support team, with resolution within 48 business hours.

  • Enhanced tracking of the order, with personalized email notifications.

  • Direct management and communication with the transport company, without consumer intervention.

See “Exceptions to the right of withdrawal” applicable to this Service in Clause 6.3.3 of these Terms.

8. POLICY ON UNDELIVERED OR UNCLAIMED ORDERS

In compliance with applicable consumer protection regulations, and in order to ensure proper management of shipments, the following policy applies to orders that could not be delivered or were not claimed by the customer:

8.1 Failed Deliveries for Reasons Not Attributable to the Seller

If an order cannot be delivered for reasons not attributable to Ecompro Media S.L.U. or its suppliers —including, but not limited to, incomplete or incorrect address, repeated absence of the recipient, or failure to collect from the designated delivery point—, attempts will be made to contact the customer through the details provided during purchase (email, telephone, or instant messaging). If effective contact is established, an alternative solution will be proposed.

8.2 Inactivity or Lack of Response by the Customer

If, after thirty (30) calendar days from the first notification attempt, no response is obtained from the customer, the order shall be considered a closed incident due to customer abandonment, without entitlement to refund or automatic reshipment of the product.

8.3 Product Retention

The order shall be retained in the supplier’s or Seller’s logistics facilities for a maximum of ninety (90) calendar days from the first delivery attempt. After this period, if the customer has not managed their claim or expressly requested delivery or refund, it shall be understood that they waive it. Consequently, the order may be destroyed or allocated to other logistical purposes without entitlement to compensation, refund, or reshipment.

8.4 Subsequent Claims

The customer may exercise their right to submit a claim. However, if the delay or abandonment of the order is due to customer inactivity, the Seller will assess the claim on a case-by-case basis, reserving the right to deny a refund or reshipment if no justified grounds exist.

9. LIABILITY

Where the Customer acts in their capacity as a consumer, this clause, as well as the others in these Terms, shall be limited by the provisions of the General Law for the Protection of Consumers and Users, such that consumer rights and guarantees shall prevail over any provision that may be interpreted against such rights and guarantees.

Therefore, within the limits permitted by applicable law, Ecompro Media S.L.U. shall not be liable in the following circumstances:
(i) losses not attributable to any breach on our part;
(ii) business losses (including lost profits or revenue); or
(iii) indirect or consequential losses that were not reasonably foreseeable by both parties at the time these Terms were agreed in relation to the purchase of products between us.

Please note that the legislation of some countries may not allow some or all of the liability limitations provided in this clause. In such cases, some of these limitations may not apply to You, and such legislation may also grant You additional rights beyond those set out herein.

Nothing in these Terms limits or excludes Ecompro Media S.L.U.’s liability for death or personal injury attributable to our negligence or willful misconduct.

Ecompro Media S.L.U. shall not be liable for non-performance or breach of its obligations under these Terms if such failure or breach is attributable to circumstances beyond our reasonable control. This does not affect Your right to receive the products within a reasonable timeframe.

The risk of the Products shall pass to You upon delivery. For the purposes of these Terms, delivery shall be deemed to have taken place when the product has been physically delivered to You and You have acquired material possession of it, either by Ecompro Media S.L.U. or by a third party.

10. PRICE

The price of the products shall be a fixed price as stipulated at any given time on the various Ecompro Media S.L.U. portals.

The prices displayed on the websites include tax. Shipping costs shall be charged according to the options selected by You during the contracting process. The payment methods available on our Portal are those customary for e-commerce and shall, in any event, be displayed at the time of completing the purchase process.

You agree to receive invoices for Your purchases electronically. Electronic invoices will be provided in PDF format.

11. COMMUNICATIONS IN WRITING

Applicable law requires that part of the information or communications we send to You be in writing. Therefore, You accept that we may exchange communications electronically when using this communication system, both by Ecompro Media S.L.U. and by You. We will contact You using these means, either by email and/or SMS, and provide You with information by posting notices. For contractual purposes, You agree that all contracts, notifications, information, and other communications sent by the aforementioned means comply with legal requirements equivalent to written documents. This condition shall not affect Your rights recognized by law.

12. OUR RIGHT TO MODIFY THESE TERMS

Ecompro Media S.L.U. reserves the right to review and amend these Terms at any time. In any event, You shall be subject to the Terms in force at the time You place each order.

13. PLACE FOR SUBMISSION OF CLAIMS

You may address any claims You deem appropriate to the following address: C/ Dublín 1, Las Rozas, Madrid, 28232, Spain.

14. APPLICABLE LAW AND JURISDICTION

These Terms shall be governed by and interpreted in accordance with the laws of Spain.

In cases where You act as a business entity with a profit-making purpose and in relation to Your commercial, business, trade, or professional activity, You expressly waive any jurisdiction that may correspond to You and expressly submit to the Courts and Tribunals of Madrid (Spain) to resolve any dispute that may arise in the interpretation or execution of these contractual Terms.

In cases where the user qualifies as a consumer in accordance with Article 3 of the General Law for the Protection of Consumers and Users, jurisdiction shall lie with the Courts and Tribunals of the consumer’s place of residence.

15. ONLINE DISPUTE RESOLUTION IN CONSUMER MATTERS

In compliance with Law 7/2017, we inform You that, as a consumer, You may access the European Online Dispute Resolution Platform (ODR) available at the following link: https://cec.consumo.gob.es/CEC/web/home/index.htm