General Terms and Conditions for Online Purchases and Use of the ETXEONDO Website
These terms and conditions for service apply to www.etxeondo.com (the “Website”). They also cover the use of any type of information, documents, graphics, images, videos, elements, music and/or services from any of these websites.
The Website belongs to and is operated by, or in representation of, ESTAMPACIONES ARTESANAS, S.A., Polígono Laskibar, Local 1-1a, 20271, Irura, Gipuzkoa, Spain, holder of Tax ID Number (NIF in Spanish): A20087813 (“ETXEONDO”).
By submitting a purchase order via this Website, you are establishing a sales contract between you (as a consumer) and ETXEONDO. That contract will be regulated by the present terms and conditions, as well as in a specific manner, by the general purchasing conditions detailed below.
Terms and Conditions for Online Purchases and Use of the Website
The present general terms and conditions are applicable to:
- Orders made by consumers in Europe for products available at the Website; and
- The use of all information, documents, graphics, images, videos, characteristics, music, and other services from the Website.
2.1. Requirements for Placing Orders
To place an order at the Website, you must:
- Be at least 16 years of age.
- Be a consumer, not a distributor.
2.2. Submittal of the Order
You will be legally bound by your order once you have clicked on the “Purchase” button at the end of the ordering process. By clicking on the “Purchase” button you are submitting an order to ETXEONDO, which produces an obligation to pay the amount displayed on the final screen at the end of the online purchasing process. Once ETXEONDO has received your order, an automatic confirmation of receipt will be displayed on the Website, which will contain your order number and the details regarding your purchase. At this point you will have formalized the purchasing contract.
A copy of the automatic order confirmation will be sent to your email address, as will confirmation for any modifications you make to the order later and that ETXEONDO accepts. ETXEONDO recommends that you should print or download a copy of this confirmation so you can refer to it in the future.
2.3. Terms and Conditions for the Order
Filling of all orders placed at the Website will be subject to availability. ETXEONDO expressly reserves the right to refuse to accept your order, or to cancel the sales contract even after the automatic order confirmation has been generated, in the following situations (among others), and with ETXEONDO being released from any liability for damages, losses, or costs (although all payments made will be refunded):
- If the product is unavailable / out of stock;
- If your billing information is incorrect or cannot be verified;
- If your order is flagged by ETXEONDO’s security systems as an unusual order or an order susceptible to fraud;
- If you are under 16 years of age;
- If you are a distributor;
- If there is an obvious error in the price offered;
- If ETXEONDO is unable to make deliveries to the address provided;
- If obvious spelling errors, errors in prices, or any other type of obvious errors appear in the information on the Website.
Furthermore, ETXEONDO reserves the right to cancel any large orders submitted using automated techniques (bots or scripts) that restrict the ability of other users to gain access to our offers and products.
2.4. Verification of Information
When you submit your order to ETXEONDO, ETXEONDO will be allowed to perform some verifications on it prior to its processing. These verifications may include verification of your address and/or payment method (sufficient funds), as well as monitoring for possible fraud. Regarding monitoring for fraud: ETXEONDO carries out partially automated verifications on all purchases in order to identify transactions that are unusual or suspicious, or transactions that can be identified as susceptible to fraud. Further investigations will be carried out in relation to all suspicions of fraud at the Website, and in cases where necessary, legal actions will be taken.
3. Quality and Maintenance of the Products
It is possible that there will be minor variations in the color of the products, or other variations, caused by digitization of images, or by the technologies used for viewing, or for other technical reasons. ETXEONDO will not be liable for any such variations or discrepancies.
ETXEONDO recommends paying close attention to the washing and maintenance instructions printed on the product labels. ETXEONDO will not be liable for any damages derived from improper handling or treatment of the products, including any handling or treatment in a manner contrary to the instructions.
Although ETXEONDO makes every possible effort to ensure that all information, descriptions, and prices appearing on the Website are accurate, errors may still exist. If ETXEONDO discovers an error in the price of any product you have ordered, ETXEONDO will notify you of this as soon as possible, and will give you the option to either reconfirm your order at the correct price or cancel your order. If ETXEONDO is unable to contact you, the order will be treated as if canceled. If you cancel the order but have already paid for the products, you will receive a full refund. When applicable, the prices include Value-Added Tax (VAT). Shipping costs will be paid as an additional charge.
After receiving your order but before it is authorized, ETXEONDO will carry out a standard verification on your card used for payment, in order to ensure that there are sufficient funds to carry out the transaction. Your products will not be shipped until this verification has been performed prior to authorization. The charge will be made to your card once the payment has been processed.
6. Shipping and Delivery
Deliveries will be made from Monday through Friday. ETXEONDO does not send out shipments on certain holidays. ETXEONDO can only ship orders to delivery addresses that are private residences or offices located in one of the countries on the list appearing at the Website.
6.2. Split Deliveries
Whenever possible, ETXEONDO will try to ship all products ordered at the same time as a single shipment. However, ETXEONDO reserves the right to split up delivery of your order.
6.3. Inspection of the Delivery
When your delivery arrives, check to see whether any damage has occurred to the package. If you notice any damage to the products, do not accept the delivery.
6.4. Shipping Rates
These rates are subject to modification, and they will be displayed in the summary of your purchase. However, once your specific purchase has been formalized, the rates will not be changed.
A free shipping option may be available.
7. Returns and Cancellations
7.1. Canceling your Order Prior to Delivery
Once your purchase has been formalized, it will no longer be possible to cancel it. However, under the legislation in effect you can exercise your right to withdraw from the purchase contract, by sending an email to [firstname.lastname@example.org].
7.2. Returning Orders after Delivery – Defective Products
You will have the right to return any products after they have been delivered if they are found to be defective or do not match with your order when received. You will be able to do this within a period of 2 months after you have discovered the defect. This will not affect your rights under the law. If your claim is found to be justified, you will receive a refund for the purchase price and shipping costs. For practical information on how to make a return, visit the Help section of the Website.
7.3. Exercising your Right to Withdrawal
If for any reason you are not satisfied with the products you have ordered, you may return the products that were delivered to you within a period of 30 calendar days, without the need to provide any reason, and as long as the products have not been washed or used in any way.
It will not be possible to return the following types of products once they have been altered: sealed sound or video recordings, or sealed computer software or audiovisual products, once the seal on the packaging has been broken.
If you notify ETXEONDO that you want to return a product, ETXEONDO will refund all payments received, including the shipping costs (except any supplementary costs derived from your selection of a shipping method that is not the most economical standard delivery we offer, as long as the applicable legislation allows this), and in any case, within a period of no more than 15 days from the date upon which you have notified ETXEONDO of your decision to exercise your right to withdrawal. ETXEONDO will be able to wait to issue this refund until it has received the products being returned, or until it has been demonstrated to ETXEONDO that the products being returned have been shipped, whichever occurs first.
7.4. Exchange of Products
It is not possible to exchange products, although you do have the option to return your products. If you want to receive a product in a different color or size, you will have to place a new order at the Website.
7.5. Information on Refunds
Refunds will be made using the same form of payment used for the original purchase. If you made the original payment by bank transfer, you must provide Customer Service with this banking information when initiating the return, so that your payment can be refunded directly into your account. You will receive your refund once the product has been returned and processed.
Unless the return is taking place due to defective products or products that did not match with your order, you will have to pay the return shipping costs.
To receive practical information about how to perform returns and about the refund periods, you can contact ETXEONDO at the following email address [email@example.com]. To avoid any unnecessary delays, read the information in the Help section carefully and follow all of the instructions.
If ETXEONDO fails to comply with these general terms and conditions, it will be liable for any damages or losses suffered when these are the predictable result of our failure to comply with these general terms and conditions, or when they result from ETXEONDO’s negligence. Such damages or losses are considered as predictable if they are an obvious result of ETXEONDO’s failure to comply, or if they were acknowledged by you and ETXEONDO at the time when the contract was formalized, and only to the extent that such consideration is permitted by the applicable legislation.
Although ETXEONDO has used great care when creating the Website, the information, texts, documents, graphics, images, videos, music, and other services it includes may contain errors or may be incorrect or incomplete. ETXEONDO will not be liable for any damages or losses derived from the use of (or inability to use) the Website, including damages caused by viruses or other material that is harmful from a technological perspective, and which may be able to infect your computer equipment or its software, data, or other materials you own, when caused by your use of the Website, or by downloading any contents from it, or by the existence of any incorrect or incomplete elements on the Website. Although we use encryption software for security, we cannot guarantee the security of any information or payments transmitted via the Internet or via email. ETXEONDO will not be liable for any damages or losses suffered as a result of the use of electronic communications.
If you have suffered any damages or losses as a result of ETXEONDO’s activities related to purchasing our products via the Website, ETXEONDO’s liability will be limited to:
- Damages or losses to the ETXEONDO products or to other materials;
- Reasonable and demonstrable costs you may have incurred in order to determine the cause and amount of the damages or losses described under section a);
- Reasonable and demonstrable costs you may have incurred in order to prevent or mitigate the damages or losses described under section a);
The maximum compensation provided for damages or losses as described above will be (as applicable) the purchase price of the products involved, to the extent that this is allowed by the applicable legislation.
ETXEONDO will not be liable for any damages or losses that may be incurred by a third party when derived from use of any of ETXEONDO’s products. ETXEONDO will not be liable for any damages or losses that you may have incurred when derived from use of any of our products.
None of the contents found in these general terms and conditions release ETXEONDO from liability, or limit ETXEONDO’s liability, in relation to any death or personal injury produced by our negligence, fraud, or fraudulent statements, or any other liability that cannot be waived or limited according to the laws of Spain.
To the extent that the applicable laws allow it, ETXEONDO refuses to accept any other conditions, guarantees, declarations, or other terms that could be applicable, whether explicitly or implicitly, to the Website or to any of its contents.
ETXEONDO only makes the Website available for use by private households. You are obligated to refrain from using the Website for any commercial or business-related purposes, and we cannot be held liable to you for any lost profits or revenues, loss or interruption of commercial activities, or loss of commercial opportunities.
9. Intellectual Property Rights
ETXEONDO is the owner of all intellectual property rights for the Website and for all contents and materials published on it. All such contents and materials are protected by laws related to authorship rights on a worldwide basis. All such rights are reserved.
You may print a copy of and/or download portions of any page or pages from the Website, but only as required in order to place an order with ETXEONDO, or in order to use the Website as a means for making your purchases.
You may not, in any way, modify any printed or digital copies of any materials that have been printed or downloaded, or use any images, photographs, videos, audio recordings, or graphics in an independent manner without the corresponding text also appearing.
ETXEONDO’s ownership of all contents on the Website must always be acknowledged.
You may not use any part of the contents of the Website for commercial purposes, unless a license to do so has first been obtained from ETXEONDO.
If you print, copy, or download any part of the Website in a manner that violates the present general terms and conditions, you will immediately lose your right to use the Website and must, upon our request, return or destroy all copies of the materials you have produced.
10. Availability of the Website
ETXEONDO makes no guarantee that the Website, or any of its contents, will always be available, or will be available in an uninterrupted manner. Access to the Website is granted only on a temporary basis. Without any need to provide notice in advance, ETXEONDO may suspend, withdraw, or interrupt access to the entire Website or to any part of it, or may modify the entire Website or any part of it. ETXEONDO will not be subject to liability if, for any reason, the Website becomes unavailable at any given time or for any period of time.
11. Your Account and Password
If you choose to register at the Website, you must agree to treat your username and password for your account as confidential information, and must not reveal these to any other parties.
ETXEONDO reserves the right to deactivate, at any time, any username or password, whether selected by you or assigned by ETXEONDO, if ETXEONDO reasonably believes that you have violated any of the provisions found in the present terms and conditions for use.
If you become aware or suspect that anyone besides yourself knows your username or password, you must notify Customer Service in relation to this at ESTAMPACIONES ARTESANAS, S.A., Polígono Laskibar, Local 1-1a, 20271, Irura, Gipuzkoa, Spain, holder of Tax ID Number (NIF in Spanish): A20087813, or by clicking here.
12. Modifications to the General Terms and Conditions
ETXEONDO may occasionally revise these general terms and conditions. When you submit an order for a product or products, the general terms and conditions in effect at that time will be applicable to the contract established in that way between you and ETXEONDO.
ETXEONDO will inform you whenever these general terms and conditions are revised, and will post a notification regarding such changes to these general terms and conditions on the upper part of this page, including the pertinent date.
13. Other Important Terms and Conditions
- ETXEONDO will be allowed to transfer its rights and obligations by means of a contract established with any other organization, but this will not affect your rights or our obligations as established under the present general terms and conditions.
- You will only be able to transfer your own rights and obligations as established under the present general terms and conditions if this is first authorized by ETXEONDO in writing.
- Each of the paragraphs from the present general terms and conditions is applicable in an independent manner. If any court or other competent authority rules that any of these paragraphs are void or unenforceable, the rest of the paragraphs will still maintain their full validity and applicability.
- If ETXEONDO does not insist upon compliance with any of your obligations as established under the present general terms and conditions, or if it does not make use of any of its own rights against you, or if it delays in doing so, this will not mean that it has waived the rights it holds against you, or that you do not need to comply with your own obligations. If you fail to comply with any of the present terms and conditions and ETXEONDO decides to waive its rights in relation to such a breach, this will only be done in writing, and it does imply that ETXEONDO is automatically waving its rights in relation to any subsequent breaches you may commit.
14. Applicable Legislation
The present general terms and conditions, as well as any disputes that may arise in relation to the present general terms and conditions, including those regarding their validity, or any disputes involving use of the Website or any purchase made via the Website, will be regulated by the laws of Spain.