On the one hand, etnnic.com and on the other hand, You as User, mutually recognizing each other's legal capacity to use and contract and to be bound in the respective capacities in which they act, agree to the following GTC applicable to the use of the site and the services offered through it.
The services offered through the Site are for your exclusive use and under no circumstances may you resell or distribute them to third parties.
On the Site you will find a description of each of the services or products that etnnic.com offers.
By virtue of these Terms and Conditions, the Company makes the Site available for your use.
Access to and use of the Service therefore requires the opening of an account with etnnic.com and the use of a username and password.
You agree to safeguard the keys and to make personal use of them and, if you become aware that a third party has had access to them or has accessed the Site or Service on your behalf and without your consent, you must immediately inform etnnic.com of this circumstance. Failure to notify etnnic.com of this circumstance will give etnnic.com the power to terminate the Contract unilaterally and without any compensation to you.
The User shall be entirely responsible for the access and correct use of the Website subject to the laws in force in Spain, as well as the principles of good faith, morality and public order, and with the commitment to diligently observe any additional instructions that, in relation to such use and access, may be given by etnnic.com.
The User is obliged to make reasonable use of the Website and its contents, according to the possibilities and purposes for which it is intended. etnnic.com shall not assume any liability, either directly or indirectly, arising from the misuse of the Website or its contents by the User, who shall assume in any case, under his sole responsibility, the consequences, damages or actions that may arise from his access or use of the Website or the contents hosted, as well as their reproduction or communication.
Access to or use of the Website and its content for illegal or unauthorised purposes is strictly prohibited and, more specifically and without the following list being exhaustive in nature: the violation in any way of the fundamental rights to honour, image and personal and family privacy of third parties and, in particular, of minors, the violation of the duty of secrecy in communications, the infringement of industrial and intellectual property rights or of the regulations governing the protection of personal data. The User also undertakes not to publish, disclose, advertise or distribute any material or information that is illegal, obscene, pornographic, abusive, defamatory, misleading, racist, or in any way contrary to morality or public order, as well as not to introduce any computer virus, defective files, or any other computer program that may cause damage or alterations to the contents, programs or systems of etnnic.com.
It is also forbidden to use the Website to send unsolicited mass and/or repetitive e-mails, advertising or commercial communications or to collect data for the same purpose.
etnnic.com shall be entitled to remove content that is presumed or declared illegal, either at its sole discretion, or at the request of a third party or competent authority. Such removal shall not entitle the user to any compensation.
In order to provide the Service, the User acknowledges and accepts that he/she must activate the Service on the Site. The date of activation of the Service shall be considered, for all purposes, as the date of acceptance of these GTC.
To place an order, you must follow the online ordering procedure. You will receive an email acknowledging receipt of your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming that the product is being dispatched (the Dispatch Confirmation).
The contract for the purchase of a product will only be concluded when we send you the Shipping Confirmation.
Only those products listed on the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any other products that may have been ordered until we confirm the dispatch of those products to you in a separate Dispatch Confirmation.
5.1. Obligations of the User: From the date of Activation of the Service, the User shall be obliged to:
5.1.1. Immediately inform etnnic.com of any change in the data provided.
5.1.2. Not to transfer this Agreement to third parties without the express prior written consent of etnnic.com. The User shall be solely responsible for the use of the Site and the Service in accordance with current legislation and these GTC, and must control the use of the same by their dependents, as well as any person to whom they have authorised.
5.1.3. Accept that data transmitted over the Internet network is not protected, and that the use of the Site and the provision of the Service may present (unlikely but existing) risks of interception by third parties, given that security measures on the Internet are impregnable.
5.1.4. Agree that etnnic.com shall not be liable for any loss or damage, including loss of profit, that you have to endure due to failures or crashes in telecommunications structures that are not the responsibility of etnnic.com.
5.1.5. Authorize etnnic.com to make, at its own discretion and at intervals it deems appropriate, backup copies (backups) of the data stored by you, for restitution in case of loss or corruption.
5.1.6. Agree to be solely responsible for your data that someone on your behalf, or third parties upload or host on the Site that etnnic.com makes available to you.
5.1.7. To authorise the provision of the Service covered by this Contract to third party companies subcontracted by etnnic.com.
5.1.8. To use the contents in a diligent, correct and lawful manner and, in particular, you undertake to refrain from: (i) Use the contents for purposes or effects contrary to law, morality and generally accepted good customs or public order; (ii) Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the holder of the corresponding rights or this is legally permitted; (iii) Use the contents and, in particular, information of any kind obtained through the page or the services to send advertising, communications for the purposes of direct sales or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to refrain from commercialising or disclosing such information in any way.
5.2. etnnic.com's obligations: From the date of Activation of the Service, etnnic.com shall be obliged to:
5.2.1. To allow you access to the Site and to provide you with the Service set out in these GTC.
5.2.2. To provide the User Attention service through the e-mail address: firstname.lastname@example.org, or any other that may be indicated from time to time.
5.2.3. Maintain the Service operational for your use, except for temporary interruptions due to maintenance operations. These interruptions will be communicated to you, as far as possible, with sufficient notice. The aforementioned obligation will not be enforceable on etnnic.com in the event of force majeure or if the network that serves as the basis for the provision of the same is down and is beyond its control. etnnic.com cannot guarantee the User's continuous and uninterrupted access to the Service, as the provision of the same depends on the network infrastructure of third party operators outside the scope of control of etnnic.com.
5.2.4. Maintain and guarantee the secrecy of communications, within the aforementioned technical limitations, unless required to do so by the competent judicial or administrative authority, in accordance with the provisions of current legislation, in which case it reserves the right to provide the information required by the same without prior notice.
5.2.5. To deal with complaints about the operation, price, billing, quality and any other issue that may arise in relation to the use of the Site and the provision of the Service. Such complaints must be addressed to etnnic.com within ONE (1) MONTH from the time of becoming aware of the event that gave rise to them, by contacting the User Support Service, which etnnic.com makes available to you in these GTC, in writing to the registered office of etnnic.com.
The price of the products will be as stated on the Website from time to time, except in the case of obvious error. Although we try to ensure that all prices shown on the Website are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any amounts paid will be refunded in full.
We shall not be obliged to supply the product(s) to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the pricing error is obvious and unmistakable and could reasonably have been recognised by the User as the incorrect price.
The prices on the website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in the Shipping Costs clause.
Prices may change at any time, but (except as set out above) any changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
Once the User has made their purchases, all the items they wish to buy will have been added to their basket and the next step will be to process the order and make payment, in accordance with the instructions provided on the website.
There are 3 methods of payment, through the PayPal server, by credit or debit card, or by bank transfer.
All product orders are subject to product availability and, in this regard, if supply difficulties occur, or if there are no items left in stock, the buyer may choose one of the 3 substitution options listed in the order process.
etnnic.com reserves the right to withdraw any Product from this Website at any time and/or to remove or modify any material or content on this Website. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process any order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion. We shall not be liable to you or to any third party for removing any product from this Website, whether or not such product has been sold, removing or modifying any material or content on the Website, or for refusing to process an order after we have sent you the Order Confirmation.
If the User is contracting as a consumer, he/she may withdraw from the Contract at any time within seven (7) days from the date of receipt of the products.
In this case, you will be refunded the price paid for such products in accordance with the provisions of the Returns clause.
The User's right to withdraw from the Contract shall only apply to products that are returned in the same condition in which they were received. You must also include all instructions, documents and packaging of the products. No refund will be made if the product has been used or damaged, so the User must be careful with the product(s) while they are in his/her possession.
Products which are made to the consumer's specifications or which are clearly personalised or which by their nature cannot be returned or which are likely to deteriorate or expire rapidly shall be excluded from the right of withdrawal.
10.1. The user will have fourteen (14) working days, meaning working days in the place where the delivery was made and from the day following receipt of the products covered by the contract, to inform etnnic.com of their intention to return one or all of the products corresponding to the order placed. To proceed with the return of the same, the user must send an email to the email address email@example.com indicating:
Once etnnic.com has received your request, it will contact the customer to arrange the means of delivery of the products and will make the refund of the amount paid by the User within a maximum period of thirty (30) days from receipt of the product.
If payment was made by credit card [debit] or PayPal, etnnic.com will pay the refund amount. In the event that payment for the products purchased was made by bank transfer, you must provide us with a current account number in order to make the payment to that account.
10.2. Returns due to defective goods or errors in the processing of your order, will be made free of charge, etnnic.com refunding the full price of the products plus shipping costs of the products.
10.3. In the event that the return is motivated by any cause other than those mentioned above, etnnic.com will refund the full price of the products; however, the user must pay the shipping costs / collection of products.
10.3. Under no circumstances will returns be made of products made to the consumer's specifications or clearly personalised or which by their nature cannot be returned or which may deteriorate or expire quickly or any other product which has been used, unsealed, opened or which is not included in its original packaging.
etnnic.com may change, suspend or discontinue any aspect of the Site, including access to certain features, databases, products, services or content on the Site (as defined below), at any time. etnnic.com may also place limits on certain features and services, or restrict access to all or parts of the Site without notice. etnnic.com will correct any errors that are discovered and reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions that may be present even after an order has been placed.
The Site may contain links and suggestions for visiting other Internet sites, resources and sponsors throughout the World Wide Web. Links to and from the Site to other sites maintained by third parties do not constitute an endorsement by etnnic.com or its subsidiaries or affiliates of resources or content of other companies.
etnnic.com may, at any time, modify these Terms and Conditions or introduce new conditions of use, by giving thirty (30) days' notice on the Site. These modifications will only be applicable as of their entry into force.
In the event of any regulatory action, legal or regulatory measure that, in etnnicshop.com's reasonable opinion, prohibits, substantially restricts or makes commercially impractical the provision of the Services that are the subject of this Agreement, etnnicshop.com shall be entitled to: (i) modify the Services or the terms and conditions of this Agreement in order to adapt to the new situation, (ii) terminate the Agreement.
etnnicshop.com shall be exempt from any liability arising from the actions described in these clauses, provided that it publishes the modifications on the website at least thirty (30) days prior to the date on which such modifications are to take effect, unless it is required by law to do so immediately.
In the event that changes are made to the Service or the GTC, and you do not express your opposition in writing to these changes within the period established in the previous section and you continue to use the Service, the new conditions will be understood to be accepted.
If any of these Conditions or any provision of a Contract is held to be invalid, illegal or unenforceable to any extent by any competent authority, it shall be severed from the remaining Conditions, terms and provisions which shall continue to be valid to the fullest extent permitted by law.
This Agreement, as well as the validity and execution of the same, shall be interpreted and executed in accordance with Spanish law. The Parties shall submit their disputes to the jurisdiction of the Courts of Barcelona.
In the event that any provision of this Agreement is declared wholly or partially void, invalid or unenforceable by reason of a change in law, such provision shall be rewritten to reflect, to the extent possible, the original intent of the Parties in accordance with applicable law, with the remainder of the Agreement remaining in full force and effect.
ETNNIC is owned by ETNNIC PERSONAL MOBILITY CYCLES, S.L., with NIF B75210906 is an On Line shop dedicated to the provision of services on the Internet with registered office at Av/Araba 32 FB, Arrasate (GIPUZKOA). This notice determines the conditions of purchase and delivery between this service accessible at the internet address www.etnnic.com and the users of the WEB.