Terms and Conditions
There's no easy way to explain what comes next, though we've done our best to make it all clear. If there is still any aspect of these conditions that does not fit you, do not hesitate and contact us, we will be happy to chat and clarify any questions you may have about our service.
OWNERSHIP – LEGAL INFORMATION
- This website "www.elevadesk.com" (the "Web Platform") is owned by ADAPTABLE LIFE, SL known commercially as "ELEVA" ("Eleva" or "we"), a company legally constituted under Spanish law, with registered office company at C/Llauder, 7 1º 3ª (08003 BARCELONA), provided with NIF nº B-67834465 and registered in the Mercantile Registry of Tarragona, under Volume 48114, Folio 75, Sheet number B-572773 and Inscription 1ª.
- You can contact us by writing to firstname.lastname@example.org
- The purpose of this Web Platform is the online sale of Eleva products to final consumers and for domestic use. If you are a professional or company, please write to email@example.com
ACCEPTANCE AND INTEGRITY
- The access and use of our Web Platform, as well as its information, services and contents are subject to the applicable regulations and the provisions established in the conditions and policies of the Web Platform.
- The users of this Web Platform (“User/s”) acknowledge and agree to have read and understood the Conditions of Use and Sale and the Privacy and Cookies Policies. By using our Web Platform, the User expressly acknowledges and agrees to be bound by their compliance to the extent that they are applicable.
- The illegality, invalidity or ineffectiveness of any of the provisions of the conditions and policies of the Web Platform will not affect the effectiveness of the rest. Said provisions must be replaced or integrated with others that, being in accordance with the law, respond to the purpose of the replaced ones. The parties waive any claim for damages that could be requested due to this circumstance.
- Eleva reserves the right to modify the conditions and policies of the Web Platform. Therefore, it is important that the User consults them regularly. In no case, the modifications of the Terms and Conditions will be applied retroactively to transactions already carried out, since they will only apply to future transactions.
- In the event that the conditions and policies of the Web Platform are modified, Eleva will do everything possible to inform Users, so that they can comply with the new applicable conditions and accept them or refrain from using the Web Platform and cancel their subscription. registered user account. In any case, it is important that Users regularly check the Conditions of Use and Sale and the Privacy and Cookies Policies. Any subsequent access to said modifications to the Web Platform by you will be considered as an acceptance of the same.
- In the event of a conflict between the conditions and policies of the Web Platform and a previous version of these, unless otherwise specified, the present ones will prevail.
REGISTRATION AND ACCESS
To visit the Web Platform, registration will not be necessary, but it is optional. Only users of legal age who are residents of Spain may register, with the exception of the Canary Islands, Ceuta and Melilla. To complete the registration, the user must provide the information requested, this being true and accurate, and must maintain the confidentiality of their user account, which will be unique and non-transferable, as well as keep all their data updated.
USE OF THE WEB PLATFORM
- The User undertakes in general to comply with these Conditions.
- Users are fully responsible for the access and correct use of the website and its contents, subject to current legislation, as well as the principles of good faith, good customs and public order.
- Users will refrain from using the contents of the web page for illicit purposes or effects that are harmful to the rights or interests of third parties, or in any way may damage, disable, affect or deteriorate the web page, its contents and its services. . Eleva reserves the right, without prior notice, to exclude from its records those Users that it considers to be making inappropriate use of the website or that it considers to be in breach of the conditions of this document.
- The User must inform Eleva immediately if a third party uses their account without authorization.
- Eleva reserves the right to temporarily suspend the services of the Web Platform, whether for reasons of a technical, security or maintenance nature. Said act will not entail any right of compensation for the User. Eleva reserves the right to make these changes without prior notification and will not be responsible, as a result of these actions, for the elimination or failure to make the services and functionalities of the Web Platform available.
- In the event that the Web Platform contains links or hyperlinks to other internet sites, Eleva will not exercise any type of control over said sites and content. Under no circumstances, Eleva will assume any responsibility for the contents of any link belonging to a third-party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other internet sites. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
INTELLECTUAL AND INDUSTRIAL PROPERTY
Eleva by itself or as an assignee, is the owner of all the intellectual and industrial property rights of its website, as well as the elements contained therein (by way of example, images, sound, audio, video, software or texts; trademarks or logos, color combinations, structure and design...), its reproduction, distribution and public communication being expressly prohibited, including the method of making all or part of the contents of this website available, in any medium and by any technical means, without the authorization of Eleva.
The user agrees to respect the intellectual and industrial property rights owned by Eleva. The user must refrain from deleting, altering, evading or manipulating any protection device or security system that was installed on the Web page.
APPLICABLE LAW AND JURISDICTION
The relationship between Eleva and the USER will be governed by current Spanish Legislation and any dispute will be submitted to the Courts and Tribunals of the city of Barcelona (Spain).
Likewise, the User can access the online dispute resolution platform established by the European Commission to resolve disputes related to contractual obligations derived from online sales or service contracts between a consumer residing in the Union and a company established in the Union. Union. Users can obtain additional information through the following link: http://ec.europa.eu/consumers/odr/ .
TERMS OF SALE
This Web Platform only allows sales in Spanish territory, with the exception of the territories of the autonomous communities of the Canary Islands and the autonomous cities of Ceuta and Melilla.
If you reside outside of said territory and are interested in any of our products, please contact us ( firstname.lastname@example.org ).
On the other hand, you can only purchase products through this Web Platform if you are of legal age and have full legal capacity.
PRODUCTS AND PHOTOGRAPHS
The products may only be intended for domestic use. Eleva is not responsible in any case for possible claims arising from a use other than that for which the Eleva product is designed.
Eleva uses photographs and descriptions to provide an illustrative and approximate image of the products, in order to provide Users with an overview of the product, without implying their accuracy. For example, we do not guarantee that the appearance will be exactly the same as that shown in the photograph.
Once the desired product or products have been selected, the User will access the "Shopping Cart", a page where they will see all the information related to the purchase: quantity, price, shipping...
Subsequently, to complete the order, it will be necessary for the User to register as a Registered User of the Web Platform or, where appropriate, access as a Registered User with their username and password, or as a guest user without the need for registration.
Finally, the User will be asked to select the payment method. If during the purchase process there is any doubt, the User must contact Eleva through the means enabled during the purchase process.
The confirmation of the order by the User constitutes a contractual offer to purchase the product in question. The offer will be perfected at the time that Eleva confirms the order by sending a confirmation email together with the corresponding payment receipt indicating the amount delivered at the time of signing the order, breaking down applicable taxes such as VAT and other expenses. (for example, shipping costs if any) and informing about the shipping method.
Eleva reserves the right to reject firm order(s), in this case the User would be informed by email to the address provided by the latter within a maximum period of 3 business days from the date of the order placed. If the User does not place another order to replace the rejected one, Eleva will return to the User by bank transfer or other payment methods the amount initially paid on account, thus canceling the order made without the right to any indemnity or compensation.
The price of the products is the one indicated at any time on the Web Platform. The price will always be in Euros. VAT or applicable taxes will be applied to the prices.
Eleva reserves the right to modify a price if it detects that there is a material error in its indication, even after receiving the purchase offer from a User. In this case, it will notify the User so that they can decide if they want to continue with the order or cancel it.
Any expense associated with the purchase of a product, such as shipping costs or the use of a particular means of payment, will be indicated during the purchase process and, in any case, the User must confirm their acceptance before finalizing the request.
Note that the prices of Eleva products, services and transport are exclusively applicable in the Peninsula and the Balearic Islands. Other destinations (Canary Islands, Melilla, Ceuta or International) according to previous study and budget, acceptance of the same and full advance payment.
Users declare and guarantee to Eleva that they have the necessary authorizations to use the payment method selected at the time of formalizing their order, exempting Eleva from any responsibility for unauthorized use or in any illegitimate way.
Payments denied, totally or partially, by the corresponding entity will automatically lead to the cancellation of the order.
Likewise, any incident derived from the payment of the price will be a reason for not proceeding with the delivery, removing the product from the place of delivery if it has already been delivered or canceling the transport if the product is in the delivery process.
In these last two cases, the parties must arrange a second delivery which, in any case, will be free, and will be assigned based on the logistical availability of the transport network used by Eleva. In the case of needing a third delivery, Eleva will contact the client to determine the moment and the possible cost.
In the event that the User wants an invoice, they must request it from Customer Service by calling 900670186 or by sending an email to email@example.com
DISCOUNTS AND VOUCHERS
The offers, codes and discount coupons will be valid as long as they are used during the term of validity and respecting the conditions for their use (for example, minimum amount, accumulation of discounts, nominal use, etc.).
These discounts may not be reimbursed to the User in any case. Except for express exception, no discount will be cumulative with another discount or discounted product. The discounts will not be transferable to other people and their commercialization is prohibited.
Vouchers must be used in a single order. If the order is less than the amount of the voucher, the User will lose the right to use the difference in other purchases. If the order is greater than the amount of the voucher, the User will pay the difference. The vouchers will not be transferable to other people and their commercialization is prohibited.
AVAILABILITY OF THE PRODUCT
The products of the Web Platform are subject to availability. Eleva will do its best to indicate availability on the Web Platform itself. However, the User must take into account that there may be small temporary imbalances between the actual availability of stock and what is indicated on the Web Platform. In this case, it will notify the User so that they can decide if they want to continue with the transaction or cancel it.
Place and deadlines
Shipments/deliveries are made to Spain, except the Canary Islands, Ceuta and Melilla; and the following countries: Portugal, France, Italy and Germany.
Unless otherwise indicated, the shipping deadlines indicated on the Web Platform are computed from Monday to Friday and may be altered by holidays.
Thus, the terms vary depending on the product and quantity requested as reported during the purchase process. Thus, between 10 and 12 business days are expected for all products depending on geographic destination and time of purchase (day and time).
For custom measures the shipping time may be longer.
Eleva reserves the right to modify delivery times. Shipments will not be made to post office boxes.
During the purchase process, approximate delivery times are indicated. Eleva will do everything possible to comply with them. However, transportation is subject to factors beyond Eleva's control.
cancellation due to delay
If applicable, Users may cancel an order if, after thirty (30) calendar days have elapsed since the confirmation of the order by Eleva, the User has not received the products for reasons attributable to Eleva.
Absence at home and second delivery and storage expenses
The absence at the address indicated by the User will in no case be a valid cause to cancel an order during the aforementioned period. In case of absence, the User must follow the instructions of Eleva or the transport company to proceed with the delivery of the product in a subsequent attempt(s).
Eleva will not be responsible for any damage to the product resulting from a delay in delivery attributable to the User.
In this sense, note that the firm orders that have to remain stored in the Eleva or third party facilities due to the impossibility of being delivered to the User, either because they are not at home on the agreed day for delivery, incident in the payment process, improper return of the order, etc. (indicative list of cases, not limiting them), they will remain for a maximum of 3 months, after this period, the firm order will be canceled and the amount delivered on account (partial or full) will be withheld as damages.
In the event that the User requests the firm delivery of the order again or picks it up personally, Eleva may apply to the User a surcharge for each day of storage of the same as damages; in addition to the corresponding costs for second deliveries if applicable.
Limitations on delivery
Users must inform of those architectural or structural barriers that, in consideration of the measurements of the products purchased, may prevent or hinder delivery to the User's home.
RETURN POLICY (CANCELLATION)
Provided that it applies in accordance with consumer and user regulations, the consumer User who has purchased a product on the Web Platform may, within fourteen (14) calendar days from the date on which the contract with Eleva was concluded or from the moment you receive the product or the last of the products ordered in a single order, cancel the contract without it being necessary to specify the reason and without any cost being derived from it. As long as the product is in perfect condition and the original packaging intact.
However, in the case of the fourteen (14) calendar day period above, for the table, Eleva voluntarily grants a period of one hundred (100) calendar days for Users to exercise their right of withdrawal, only for Spain.
The User may request the activation of the aforementioned satisfaction guarantee as long as the product to be removed does not present any apparent defect. The 100-day trial period does not apply to orders for custom measurements or international orders (outside Spain).
This verification will be carried out by the logistics services in their warehouses. However, the logistics services could carry out the verification at the same address in case of detecting damage that prevents the change of the product.
To exercise their right of withdrawal, the consumer User must contact Eleva Customer Service and inform them of the cancellation of the contract before the expiration of the right of withdrawal. The User must provide the documentation that is required, such as a photograph of the product, the product model, payment method, copy of the invoice or purchase receipt or, failing that, the electronic confirmation of the initial order.
Likewise, the User can use, if he wishes, the following right of withdrawal template offered by the OCU that he has to send us within the term and according to the means indicated above: link to the template .
Collection and return
The transport company will contact the User to inform about the day and time of collection of the item.
The user must deliver the table with its original packaging, if this packaging is not available, €25 will be deducted from the total price to be returned.
After seven (7) business days from receipt in our warehouses of the returned item, the amount thereof will be paid by bank transfer to the account previously indicated by the User and after verifying that the items are in good condition.
Note that possible additional costs for transportation and/or special delivery in the delivery of the initial order are not refundable.
Products purchased with financing
All the consequences derived from the acquisition of the order through a financing contract entered into between the User and a financial institution are the sole and exclusive responsibility of the User.
Eleva will not be responsible for the financing operations of the products purchased. Any financing operation for the acquisition of Eleva products will be made outside of this company, being a private agreement between the User and the financial institution that he chooses. In no case will Eleva act as a lender or as a credit intermediary.
Eleva offers consumer Users the legal guarantees for each type of product offered on the Web Platform as indicated in their respective description sheets.
The legal guarantee period from June 1, 2022 is five (5) years.
In the case of a defective product, Users must notify Eleva through the same procedure enabled for withdrawal so that we can replace the product.
The guarantee only covers manufacturing defects, expressly excluding defects derived from improper use or poor maintenance. In this sense, without limitation, Eleva will not be liable for defects that are a consequence of:
- improper, incorrect or inappropriate use or treatment;
- application of inappropriate cleaning products;
- in case of use that has not been strictly domestic;
- when the product has been kept in inadequate conditions to maintain its qualities;
- of damage caused by water, humidity, fire, improper transport, lack of maintenance; either
- when the product is stained for reasons attributable to the User.
Any claim for lack of conformity must be accompanied by the purchase invoice or similar (for example, payment receipt or order confirmation email) and at least two (2) illustrative photographs. The guarantee covers manufacturing defects and the materials that make up the products. This warranty does not cover cuts or scratches, normal wear and tear, or damage caused by bumps or accidents.
In any case, we will understand that a product is compliant and therefore the guarantee does not apply if a) it conforms to the description made by Eleva and has the qualities of the product that Eleva has presented on the Web Platform; b) it is suitable for the uses to which products of the same type are ordinarily used; and c) it is suitable for any special use required by the consumer User when it has been made known to Eleva at the time of signing the contract, provided that the latter has admitted that the product is suitable for said use.
Any possible delay or failure to comply with these Conditions of Sale by Eleva will not be considered as a breach of them and will be excused to the extent that this has occurred as a result of any cause beyond the reasonable control of Eleva. Elevates, including, acts of God, power outages, natural disasters, restrictions by public authorities, inclement weather, strikes, public disturbances, pandemics, outbreaks of previous pandemics or threats of such events.
If after thirty (30) days from the start of the event of force majeure it persists in such a way that it prevents compliance with these Conditions of Sale, either party may terminate the transaction in question.
For any general query related to our Web Platform, Users can contact us directly through:
- Email: firstname.lastname@example.org
- Telephone: 900670186
- Postal mail: C/Llauder, 7 1º 3ª (08003 BARCELONA)
- Contact form enabled on the Web Platform