Terms and conditions of sale
Terms and conditions of sale
From now on, all references to “ESMOKINGSPAIN” will refer to the company GRUPO GRIGA EVOLUTION, SL with NIF B12972212. Any reference to the “CUSTOMER” will refer to any NATURAL, LEGAL PERSON or INSTITUTION with the capacity to contract the products and/or services from the COMPANY. The “PRODUCT” or PRODUCT will refer to any product or service purchased by the CUSTOMER from the COMPANY.
The Conditions of Sale, which will apply to all commercial transactions carried out between ESMOKINGSPAIN and the CUSTOMER, will be understood as a supplement to the rights and obligations established by the laws in force applicable to this type of operations. The CLIENT acknowledges having been informed, knowing and accepting these conditions from the moment of formalizing any firm order to ESMOKINGSPAIN.
ESMOKINGSPAIN reserves the right to modify, delete, add or partially or totally change the conditions of sale.
PRICES AND OFFERS
All prices are in euros. The prices shown on this website (www.esmokingspain.es), hereinafter the “WEB” and/or the “STORE” are net with corresponding VAT included, and may vary a few cents on the order/delivery note/final invoice due to rounding. . The contractual prices are those indicated in our order confirmations. The prices shown in the STORE include the paid order and packaging, but do not include transportation, charges, insurance, or other charges, except as specifically agreed.
The STORE reserves the right to modify the prices of products available in the STORE, the introduction of new products, make and withdraw special offers on the store websites or make changes to the websites. ESMOKINGSPAIN reserves the right to eventually vary prices at the time of delivery, in case of relevant cost increases by suppliers. In the event that the price variation is greater than 5%, the customer may cancel the order.
In the case of products that have a special price, or products that are on sale, orders will be executed in the order in which the orders were confirmed on our electronic sales panel. The number of products that have a special price or are on sale is limited. Special prices are valid only during a specific time period. The customer will not be able to claim a refund, which is the difference between the special price and the normal price, if the order was placed after the period available at a special price.
No offer is binding. The offer is considered accepted only once confirmed in writing by ESMOKINGSPAIN and all details have been fully specified.
The indications in our catalogues, brochures and price lists are not binding; We therefore reserve the right to make any modification that may vary the corresponding prices.
Orders are made by filling out the order form on our website correctly.
Orders can only be placed by registered persons who have an account in our STORE, or those who provide all the information necessary to carry out the transaction.
Prior to the completion or termination of any electronic commerce transaction, THE STORE will present to the consumer a summary of the order of all the products they intend to purchase, with their complete description, the individual price of each of them, the total price of the goods. or services, as well as the additional costs and expenses that you must pay for shipping or any other concept. The acceptance of this transaction is understood to be express and unequivocal once the client makes the payment.
Each order placed by the Customer is confirmed – we will send an email informing the customer that we have received the order. The store reserves the right to verify the order. If there is no contact with the buyer or the order cannot be confirmed, the store reserves the right to suspend the fulfillment of the order.
The invoice confirming the purchase of the product is included in the package with the product. If you need it, it can also be sent to an email address. Furthermore, by accepting these regulations, the buyer consents to the issuance of the corrective electronic invoice and its sending to the email address indicated in the order. Consequently, the buyer agrees that the delivery of the corrective electronic invoice to the email address indicated in the order is equivalent to confirmation of its receipt.
Items that are Available for Reservation indicate that they can be reserved but that ESMOKINGSPAIN does not have stock in its warehouse at that time and that it must be requested from the factory/central warehouse, so its shipment will take a few more days. ESMOKINGSPAIN will send a notice to the CLIENT with an estimate of the date. If more than 30 calendar days pass and the customer has not received the order, they can request a refund of the order amount.
Once the CUSTOMER's order is received and accepted by ESMOKINGSPAIN, if all the products were in stock, the package is prepared and sent postage paid (by the CUSTOMER in the order placed in the STORE) within the first 48 business hours ( understood from Monday to Friday) upon receipt and acceptance of the order. If any or all of the products were under reserve, ESMOKINGSPAIN will contact the CUSTOMER to inform them of the estimated arrival time at our warehouse and delivery of the order.
If there is any problem in executing the order, customers will be immediately informed about it. By execution of the order we mean sending the merchandise to the customer.
Shipments are made to Spain. For shipments to the Canary Islands, Gibraltar, Ceuta, Melilla, Andorra or Portugal, consult ESMOKINGSPAIN.
Shipments are made by a courier company chosen by ESMOKINGSPAIN, in this case, Correos Express, where, if the CUSTOMER provides a mobile phone, they will receive an SMS or email with the tracking of the shipment, an estimated day and time of delivery. delivery and the CUSTOMER himself may change the delivery preferences. The estimated delivery time is 24-48 hours in the Iberian Peninsula from the moment it is received by the transport company.
The STORE is not responsible for delays by the transport company, since it is a service outside of ESMOKINGSPAIN, and that we offer to the CUSTOMER to facilitate the transaction and receipt of the order.
The STORE is not responsible for damage or loss of products caused by the courier company in the event that the courier service is selected by the buyer, the store has no responsibility. The store is not responsible for shipments that have not been delivered by the courier service due to the responsibility of the customers (no contact, no one at home, incorrect delivery address) or failure of the courier service. In addition, the store is not responsible for the detention of packages by the control of authorities (for example, customs).
The courier service makes several attempts to deliver the shipment. If it is not delivered for any of the above reasons, the shipment is considered delivered.
In the event that the delivery of the order exceeds thirty (30) calendar days, for reasons attributable to THE STORE, or that there is no stock for the product purchased at the factory, the consumer may terminate the sale unilaterally and obtain the return of all sums paid without any withholding or discount. The return must be made effective within a maximum period of thirty (30) calendar days.
WAY TO PAY
The STORE offers the following payment methods:
– Card payment – we accept card payments. The charge is made to the customer's card when the store begins the execution of the order after its acceptance. Information about the acceptance of the order will be sent to the Customer by email.
– Payment by GooglePay – we accept payments by GooglePay. The instructions indicated on the platform must be followed. The charge is made to the client's account when the client has completed all the steps correctly and they are validated by their entity.
– Payment by Paypal – we accept payments by Paypal. The instructions indicated on the platform must be followed. The charge is made to the client's account when the client has completed all the steps correctly and they are validated by their entity.
– Payment by Bizum – we accept payments by Bizum. The instructions indicated on the platform must be followed. The charge is made to the client's account when the client has completed all the steps correctly and they are validated by their entity.
– Payment by transfer – we accept payments by transfer. In this case, the user/client must make the transfer to the account number indicated in the order. If the transfer is not made within 5 days, the order will be cancelled.
The STORE will not be responsible for the use of credit cards or Bizum without its authorization, when the User has not proceeded to notify the corresponding financial entities or cooperatives of the loss, misuse, subtraction or theft of the instruments granted by them to carry out transactions, or when misuse of your registration data is made.
www.eSmokingSpain.es covers the guarantees of the products it distributes according to the following clauses:
1. All our products undergo rigorous quality control before distribution to ensure maximum customer satisfaction. However, in the event of any manufacturing defect not attributable to natural deterioration or improper use, the product will be replaced with a new one or will be repaired as long as it is returned in optimal conditions with all its accessories, in its original packaging, and within the following deadlines:
THREE MONTHS FOR THE PROVOG BRAND (battery, AC adapter, USB charger)
SIX MONTHS FOR electronic cigarettes and Mods (battery, AC adapter, USB charger)
Liquids, nozzles, filters and other components that are perishable or wear out from normal use are not covered by warranty.
2. The electronic cigarette is made up of elements that are considered consumables and therefore, except for manufacturing defects, they are subject to deterioration over time.
3. The loss or deterioration of the order placed by the client during transport will not be the responsibility of the company, and therefore the transport agency will be responsible.
4. Cancellation of the guarantee, the following will be subject to loss:
The incorrect use, manipulation or maintenance by a client of an equipment.
The incorrect repair, modification or extension by the customer of a product.
5. The company will not accept any damaged material, without packaging or with obvious signs of incorrect handling.
6. All orders placed by the client are understood to be commissioned by the client.
Product returns are accepted up to 7 days from receipt of the product; having to communicate it by e-mail to the company. The customer will bear the return shipping costs, and the product must be returned in perfect condition and with the warranty seal intact. The company will return the money to the customer by the same means with which the payment was made, shipping costs will not be refunded.
Returns of liquids, inhalers, mouthpieces, filters will not be accepted for mere hygienic reasons.
Returns are not accepted due to delays in the delivery of orders that may be due to causes beyond the control of the company and stock errors. Such returns due to delays are only admitted if the order delivery time exceeds 5 business days from confirmation of payment.
To proceed with the return you must write us an e-mail at email@example.com, indicating the order number and the reason for the return. We will send you a return authorization that you must print and attach along with the returned product.
When the STORE, after a product reservation, verifies that the product is obsolete at the factory and cannot be obtained, it will notify the CUSTOMER and that part of the order will be canceled, returning the proportional part of the money to the customer corresponding to said item or it will be changed. for another product from the Store.
The STORE will not accept, under any circumstances, order cancellations by the CUSTOMER for products that are not in our stock and have been expressly ordered for the CUSTOMER.
Under no circumstances will cancellations be accepted by the CUSTOMER of orders that the STORE has registered in the transport company's system.
SECURITY, LIMITS OF LIABILITY ON THE PART OF ESMOKINGSPAIN
In the event of product failure due to alleged manufacturing defects or hidden defects, ESMOKINGSPAIN will only respond to possible claims for amounts up to the cost of the supplied product itself, and may opt for payment or replacement. UNDER NO CONCEPT AND IN NO CASE will damages be accepted that the alleged failure of the product could cause to people, goods/equipment and/or facilities.
ARBITRATION AND JURISDICTION
In the event of an irreconcilable conflict between the COMPANY and the CUSTOMER, both parties will submit to the ARBITRATION and COURTS meetings of the city of CASTELLÓN, with express waiver by the latter of any forum that may correspond to them.