ELOISE

Terms of service

  1. PREAMBLE

  2. This document contains the General Conditions of Use that regulate the access and use of the website www.eloisespectacles.com (hereinafter the "Website") and that of any of the subdomains or web pages depending on it, as well as the contents and services that the owner of the Website makes available to its users (the "Users") and establish the terms and conditions governing the Website.

    ELOISE SPECTACLES SL (hereinafter ELOISE SPECTACLES), the owner of the Site is a Spanish limited liability company domiciled in Tarragona, in Via Augusta 101, 3rd floor, postal code 43007, registered in the Mercantile Registry of Tarragona, in the volume 2829, page 58, sheet no. T-47161, inscription 1a, with CIF number B-55635775

    Please read these Conditions carefully before clicking on the "Authorize payment" button to place the order. By placing an order through it, you consent to be bound by these Conditions, so if you are not in accordance with all the Conditions, you should not place any order.

  3. USE OF THE WEBSITE

  4. These Conditions are the only conditions applicable to the use of this website and replace any other, unless expressly agreed in writing by ELOISE SPECTACLES.

    You declare that, when placing your order, you have read and accept without reservation these Conditions.

    You agree that: 

    - You can only make use of the website to make queries or legally valid orders.

    - You can not make any speculative, false or fraudulent request. If we have reasonable grounds to consider that an order of this nature has been made, we will be authorized to cancel it and inform the pertinent authorities.

    - You are also obliged to provide us with certainty and correct your email address, postal address and / or other contact information and consent that we may use this information to contact you if necessary (see our Privacy Statement ). If you do not provide us with all the information we need, we will not be able to process your order.

    - By placing an order through the Website, you guarantee that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.


  5. ORDER CONFIRMATION

  6. The User must place their order through the Internet on the Website www.eloisespectacles.com, accessible 24 hours a day, 7 days a week, except in cases of disability.

    The data communicated by the User and registered by ELOISE SPECTACLES during the order constitute proof of the transactions made between ELOISE SPECTACLES and the User. After the validation of the order by the User, ELOISE SPECTACLES will send you a confirmation email to notify you that the order has been made correctly. The orders will only be binding for ELOISE SPECTACLES once they have been accepted by the same. Said acceptance will be announced through the conformation communicated to the client.

    The User is obliged to check the order confirmation and notify ELOISE SPECTACLES, immediately, of any error that may have suffered. ELOISE SPECTACLES is not responsible for the information provided in the order of the order and therefore will not be held responsible for the impossibility of delivering products when the order lacks error in the data provided, in this sense the User expressly exonerates ELOISE SPECTACLES for the responsibility that is derived from this end knowing that it is not their responsibility but the User's own.

  7. AVAILABILITY OF THE PRODUCTS
  8. All orders are subject to the availability of the products and, in this sense, if there are difficulties in their supply, or if there are no items in stock, we reserve the right to provide information about substitute products of quality and value equal or superior that You will be able to order. If you do not wish to place an order for these substitute products, we will reimburse you for any amount that you may have paid.


  9. PRODUCT WARRANTY
  10. All the Products contained in the Website are originals of ELOISE SPECTACLES. All of them have a guarantee of two (2) years according to the criteria and conditions described in the Royal Legislative Decree, 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.

    It will be understood that the Products are in accordance with the Conditions of Use provided that they comply with all the requirements expressed below:

    • They conform to the description made by ELOISE SPECTACLES and have the qualities of the Product that ELOISE SPECTACLES has presented to the User in the form of sample or model

    • Are suitable for the uses that are ordinarily destined for Products of the same type

    • Be fit for any special use required by the User when he has informed ELOISE SPECTACLES, provided that ELOISE SPECTACLES has admitted that the product is suitable for such use.

    • Presenten the usual quality and features of a product of the same type that the user can expect, given the nature of the product

    In the event that it is proven that the Product does not meet the specifications, ELOISE SPECTACLES will proceed, when appropriate, to repair, replace, reduce the price or terminate the contract, such actions being free for the User.

    ELOISE SPECTACLES is not responsible for any damage to the Products that may result from misuse of the same, as well as acts or omissions of the User that do not conform to the specifications of each Product or damages caused by third parties that are not linked to ELOISE SPECTACLES.

    ELOISE SPECTACLES puts the greatest care in the realization of the presentation and description of the Products. However, the photographs of the Products are presented in an illustrative manner. To know the precise characteristics of each Product you should check the corresponding descriptive data that accompany each Product.

  11. NEGATIVE TO PROCESS AN ORDER
  12. ELOISE SPECTACLES reserves the right to withdraw any Product from this website at any time and / or to remove or modify any material or content thereof. Although we will do everything possible to always process all orders, there may be exceptional circumstances that force us to reject the processing of an order after sending the order confirmation, and we reserve the right to do so at any time, at our sole discretion.

    ELOISE SPECTACLES will not be liable to you or to any third party for removing any product from this website, regardless of whether said product has been sold or not, remove or modify any material or content of the website, or for refuse to process an order once we have sent the order confirmation


  13. RIGHT TO DISCONTINUE FROM PURCHASE
  14. In accordance with the applicable regulations, in the event that the User is hiring as a consumer, he / she may withdraw from the contract (except in the cases established by law) and return or freely change the Products delivered at any time within a period of fourteen ( 14) calendar days from the date of delivery thereof (hereinafter the "Term of Withdrawal").

    Once the relevant inspection of the returned Product has been carried out to the effect that the requirements established in section c) below are met and in the event that the User does not decide to make a change, ELOISE SPECTACLES will reimburse the User for the amount of the Product, except for the Shipping costs, which will be borne by the User as included in the following table:

    Product Collection by ELOISE SPECTACLES Shipment of the Product by the User
    Change 15€ 10€
    Return 10€ No expenses

    After the Term of Withdrawal, no changes or returns of Products will be accepted. Changes will only be accepted for those Products that could have been defective in accordance with the provisions of section b) below.

    b)Return or replacement of defective Products


    En el caso de que el Usuario considere que el Producto no se ajusta a las especificaciones establecidas para dicho Producto, deberá ponerse en contacto con ELOISE SPECTACLES de manera inmediata a través de un correo electrónico a la dirección de contacto info@eloisespectacles.com facilitando los datos del Pedido, del Producto, así como informando con fotografías del defecto que tiene y de si opta por la devolución o la sustitución por un Producto idéntico.

    The User may return the Products, in the place where they were delivered, to a messenger that ELOISE SPECTACLES will send or return the Product by its own means. Once the relevant inspection of the returned Product has been carried out, ELOISE SPECTACLES will send, within a reasonable period of time, an email to the User informing him of the return or replacement of the Product (the "Return or Substitution Decision"). In such case, the return or replacement of the Product will be made as soon as possible and, in any case, within fourteen (14) calendar days following the date of sending the Return or Replacement Decision.

    In the event that the return or replacement is appropriate, ELOISE SPECTACLES will reimburse the User in full for the price of the Product, including shipping costs. If the User has opted for the replacement, ELOISE SPECTACLES will cover all shipping costs.

    c)Provisions common to returns

    The User must meet the following requirements to make use of the right of withdrawal, as well as to be able to make returns and substitutions of Products:

    - To organize the collection of the Product, the User must first contact ELOISE SPECTACLES by sending an email to the contact address info@eloisespectacles.com

    - The User may accredit the exercise of the right of withdrawal in any manner permitted by law, considering in any case validly exercised by returning the Product

    - The Product must be returned in the same condition as it was received, including the packaging, case and chamois. ELOISE SPECTACLES will not reimburse any amount if the Product, packaging, case and / or chamois have been worn or have suffered any damage, so the User must be careful with the Product while it is in his possession.

    - The refund will be made in the same means of payment that the User used to pay for the Product.

    You may withdraw from the Contract at any time within a period of 7 days from the date of receipt of the products and without having to claim any cause. However, ELOISE SPECTACLES will not accept returns whose written notification by the User occurs after 7 calendar days from the date of receipt of the product.

    In the case of acceptance by ELOISE SPECTACLES of the return of the item (due to compliance with all the validity requirements), the User shall bear the direct costs of said return, the return costs generated by the return not being subject to restitution. the initial order or return.

    You will not have the right to withdraw from the Contract whose purpose is the supply of any personalized product.

    This provision does not affect the rights recognized to the consumer by current legislation.


  15. DELIVERY

  16. Notwithstanding what is established in Clause 4 above, and unless extraordinary circumstances occur, once the Shipping Confirmation is sent, the Products will be delivered to the address indicated by the User when making the Order in the approximate period of between one and seven (1-7) working days since they leave the warehouse of ELOISE SPECTACLES.

    ELOISE SPECTACLES assumes no responsibility when the delivery of the Product does not occur as a result of the data provided by the User being false, inaccurate or incomplete or when the delivery can not be made for reasons beyond the delivery company, assigned to such effect, such as the absence of the User or the retention of the Product in Customs.

    Delivery times are approximate, although ELOISE SPECTACLES tries to adjust to them.

    ELOISE SPECTACLES will always inform the User of the expected delivery times for each product offered on the website. In addition, once the order has been formalized, the User may consult, when necessary, the status of his order in the "MY ACCOUNT" section.

    If for any reason ELOISE SPECTACLES could not meet the delivery date, we will inform you of this circumstance and we will give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with the full refund of the price paid. Keep in mind in any case that we do not deliver on Saturdays or Sundays.

    For the purposes of these Conditions, it will be understood that the "delivery" has taken place or that the product (s) have been "delivered" at the moment of signing the receipt thereof at the agreed delivery address.


  17. IMPOSSIBILITY OF DELIVERY
  18. If it is impossible to make the delivery, the assigned transport company will try to find a safe place to leave the package. If we can not find a safe place, your product (s) will be returned to our warehouse. The assigned transportation company will leave you a note explaining where your package is and how to pick it up or have it sent again. If you are not going to be in the place of delivery at the agreed time, we kindly ask you to contact the transport company assigned to arrange delivery on another day.

    Please bear in mind that the storage and re-shipment of your product (s) may have an additional cost.


  19. TRANSMISSION OF RISK AND PROPERTY

  20. The risks of the Products will be at your charge from the moment of delivery.

    You will acquire the ownership of the products when we receive the full payment of all the amounts owed in relation to them, including the shipping costs, or at the time of delivery if it were to take place at a later time.


  21. PRICE AND METHOD OF PAYMENT

  22. The price of the products will be the one stipulated at all times on our website, except in case of manifest error. Although we try to make sure that all prices listed on the page 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 to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be reimbursed in full for the amounts that have been paid.

    ELOISE SPECTACLES will not be obliged to supply the product (s) at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognized by you as a price incorrect.

    Prices on the Website include VAT and shipping costs in all countries of the European Union. For other different destinations, please ask for a quote to: info@eloisespectacles.com

    Prices may change at any time, but (except as stated above) the possible changes will not affect the orders with respect to which we have already sent a Confirmation of Shipment.

    Once you have chosen the products you want to buy and have added them to the basket, the next step will be to process the order and make the payment. To do it:

    • Click on the "View Cart" button at the top of the page.

    • Click on the "Process Order" button.

    • Fill in or check the contact information, the details of your order, the address to which you want the order to be sent and the address where the invoice will have to be sent.

    Then choose the payment method that best suits you and click "Authorize Payment"

    The User may make the payment through any of the following systems: 

    Payment by card (Visa, MasterCard and American Express): In the case of choosing this method, the User can conveniently and securely make purchases with his card through the payment platform of La Caixa. If the User uses this payment method, his order will not be validated until the payment is made in the indicated account, with the authorization of the competent payment centers. If the payment is not authorized, the User's order can not be accepted and will be canceled for that reason.

    In the event that the data of the buyer and the cardholder do not correspond, ELOISE SPECTACLES reserves the right to contact the User to confirm their identity or to contact the bank to ensure that there are no notifications of subtraction of the bank card.

    Charges will be made on the bank card at the time the purchase details are confirmed. In case it has not been possible to perform for any reason, we will contact you through the email address you provided in the register to inform you of the incident.

    Payments made with a bank card will not accrue additional expenses.

    It must be taken into account that the payment gateway of La Caixa, provided by ELOISE SPECTACLES, has the best security measures to avoid interceptions in communications. However, any transfer of data through the Internet has the risk of being intercepted by violating security systems. ELOISE SPECTACLES does not guarantee that this can not occur, not taking responsibility if it should happen.

    Pay Pal: the User may make the amount of his order effective through his Pay-Pal account. Your purchase will be considered made in the same terms as in the case of making the payment with a bank card. In any case, it is necessary that the data of the Pay-Pal account correspond to the buyer's data, otherwise ELOISE SPECTACLES reserves the right to contact the buyer to confirm his identity.

    Bank transfer: if the User chooses this means of payment, he will receive an e-mail with the necessary bank details to make the transfer for the value of the total amount of the order. Once ELOISE SPECTACLES has received the transfer in your account, it will proceed to validate the order and to send it. The bank fees accrued as a result of the realization of the bank transfer will depend on each entity and the conditions of the same and will run, in any case, on behalf of the User.

    ELOISE SPECTACLES states that it does not have access to confidential data related to the means of payment used, and therefore does not store them either. Only La Caixa and Pay-Pal have access to this data in the form of payment and collection management and that we are inaccessible to other third parties.


  23. SHIPPING COSTS
  24. Shipping costs include transportation, insurance and customs clearance at source. For deliveries in countries outside the European Union, customs duties at destination or other taxes (tariffs) are not included; it will be the recipient who will have to pay them in cash to receive the merchandise.

    The recipient will be responsible for all importation costs and taxes generated at the destination customs, whether the goods are delivered or not taken over.

    An attempt will be made to send the order in the shortest time possible, but the recipient must take into account the provisions of the country of destination for the importation of the requested items, since ELOISE SPECTACLES has no responsibility over them. Neither ELOISE SPECTACLES shall be liable for the effects produced by strikes, armed conflicts or other circumstances beyond its control.

    ELOISE SPECTACLES will not be responsible for the delays in the customs clearance or if the local authorities decide to confiscate any item contained in a shipment.


  25. VALUE ADDED TAX

  26. In accordance with current regulations, any purchase made through the website will be subject to Value Added Tax (VAT).


  27. RESPONSIBILITY AND EXEMPTION OF LIABILITY

  28. ELOISE SPECTACLES is exempt from any liability related to:

    • - The operation of the Website, including causes of force majeure, or any others beyond the control of ELOISE SPECTACLES, which is not fully operational, or lacks eventually the minimum functionality to manage the relevant service.

    • - The possible errors or security deficiencies that could occur due to the use, by the Users, of a browser of a non-updated or insecure version, as well as by the activation of the password conservation devices or identification codes of the Registered User. in the browser or the damages, errors or inaccuracies that may arise from the malfunction of the same.

    • - For direct and indirect damages that may be caused by the information transmitted or communicated on the Website or in its electronic communications, including, without limitation, technical or human errors in the published data.

    • - The damages, including but not limited to: damages, losses or direct or indirect costs, inherent or consequential, arising in relation to this Website or its use or impossibility of use by any of the parties, or in relation to with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer viruses or system or line failures.

    The User will be liable for damages of any kind for unlawful or fraudulent acts as well as those damages that ELOISE SPECTACLES or its Users may suffer as a consequence, directly or indirectly, of the User's breach of these Terms of Use, ELOISE SPECTACLES reserves those actions to which it was entitled before the relevant judicial or police authorities.

    Although it uses its best efforts, ELOISE SPECTACLES can not guarantee the Users the continuous and uninterrupted access and use of its Website.


  29. INTELLECTUAL PROPERTY

  30. You acknowledge and consent that all copyright, trademark and other intellectual property rights over the products, materials or content provided as part of the Website correspond to ELOISE SPECTACLES at all times or to those who granted us a license for its use. You may use such material only in the manner in which we expressly authorize it ELOISE SPECTACLES or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy information about your order or contact information.


  31. INDUSTRIAL PROPERTY

  32. The brands, trade names, signs of establishments, denominations, logos, slogans or any other distinctive sign displayed on the Website belonging to ELOISE SPECTACLES, and very specifically, the word "ELOISE SPECTACLES", without prior authorization may not be used. and in writing by ELOISE SPECTACLES.


  33. LINKS TO THIRD PARTY WEB SITES

  34. The links contained in the Website, referred to advertising or other content, and whose ownership or responsibility correspond to third parties other than ELOISE SPECTACLES, are not the responsibility of ELOISE SPECTACLES, who under no circumstances undertakes to control or approve the services , contents, data, files, products and any kind of material existing on the page or web pages of third parties. Therefore, ELOISE SPECTACLES will not respond, under any circumstance, to the legality of the contents of said page / s, being the exclusive responsibility of the third party everything that concerns the content of that link, especially the respect to the law, moral , good customs and public order.

    The existence of links does not imply a relationship of any kind between ELOISE SPECTACLES and the owner of the web page on which it is established.


  35. WRITTEN COMMUNICATIONS

  36. The applicable regulations require that part of the information or communications that we send to you be in writing. By using this website, you agree that most communications with ELOISE SPECTACLES are electronic. We will contact you by email or we will provide information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law


  37. NOTIFICATIONS

  38. The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send communications either to the e-mail or to the postal address provided by you when placing an order.

    It will be understood that notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after sending an email, or three days after the date of postage of any letter. To prove that the notification has been made, it will be sufficient to prove, in the case of a letter, that it had the correct address, was properly sealed and that it was duly delivered in the mail or in a mailbox and, in the case of an email , that it was sent to the email address specified by the recipient.


  39. ASSIGNMENT OF RIGHTS AND OBLIGATIONS
  40. The Contract between you and ELOISE SPECTACLES is binding both for you and for ELOISE SPECTACLES, as well as for our respective successors, assignees and assignees.

    You may not transmit, assign, encumber or in any other way transfer a Contract or any of the rights or obligations derived from it in your favor or for You, without having obtained our prior written consent.

    We may transfer, assign, encumber, subcontract or in any other way transfer a Contract or any of the rights or obligations derived from it in favor of

    ELOISE SPECTACLES at any time during the term of the Contract. To avoid any doubt, such transmissions, assignments, encumbrances or other transfers will not affect the rights you have as a consumer recognized by law or will annul, reduce or limit in any other way the guarantees, both express and implied, that we could have given you.


  41. EVENTS OUTSIDE OF OUR CONTROL

  42. We will not be responsible for any breach or delay in the fulfillment of any of the obligations that we assume under a Contract, whose cause is due to events that are beyond our reasonable control ("Force Majeure").

    Causes of Force Majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and will include, but is not limited to, the following:


    • Strikes, lockouts or other industrial action
    • Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (whether declared or not) or threat or war preparations
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster
    • Impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private
    • Inability to use public or private telecommunication systems
    • Acts, decrees, legislation, regulations or restrictions of other government
    • Strike, failures or accidents of maritime or fluvial transport, postal or any other type of transport

    It will be understood that our obligation of compliance under any Contract will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the term to fulfill our obligation during that period. We will use all reasonable means to end the Cause of Force Majeure or to find a solution through which we can fulfill our obligations under the Contract despite the Cause of Force Majeure.


  43. RESIGNATION

  44. If, during the term of a Contract, we cease to insist on strict compliance with any of the obligations assumed under it or any of these Conditions, or if we fail to exercise any of the rights or resources that we are entitled to exercise or To interpose by virtue of said Contract or these Conditions, such fact shall not constitute a waiver of said rights or remedies nor shall it exempt you from complying with such obligations.

    The waivers we make to demand compliance will not constitute a waiver on our part to demand further compliance.

    No waiver by us of any of the present Conditions and conditions will take effect, unless it is expressly stipulated that it is a waiver and is communicated to you in writing in accordance with the provisions of the section of Notifications above.


  45. DIVISIBILITY

  46. If any of these Conditions or any provision of a Contract are considered invalid, illegal or unenforceable to any extent by the competent authority, will be separated from the remaining Conditions, conditions and provisions that will remain valid to the extent permitted by the law.


  47. INTEGRITY OF THE CONTRACT

  48. These Conditions and any document expressly referred to in them constitute the entire agreement between you and ELOISE SPECTACLES in relation to the object of the Contract and supersede any other agreement, agreement or prior promise agreed between you and ELOISE SPECTACLES verbally or in writing.

    You and ELOISE SPECTACLES acknowledge having agreed to enter into this Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations conducted by the two before said Contract, except that which appears expressly mentioned in these Conditions.

    Neither You nor ELOISE SPECTACLES will have recourse against any uncertain statement made by the other party, verbal or written, prior to the date of the Contract (unless that fraudulently made uncertain statement was made) and the only remedy available. the other party will be for breach of contract in accordance with the provisions of these Conditions.


  49. RIGHT TO MODIFY THESE CONDITIONS

  50. ELOISE SPECTACLES has the right to review and modify these Conditions at any time.

    You will be subject to the policies and Conditions in force at the time you place each order, unless by law or decision of government agencies we should make changes to those policies, Conditions or Privacy statement, in which case, the possible changes will also affect the orders that you had previously made.


  51. APPLICABLE LEGISLATION AND JURISDICTION

  52. Contracts for the purchase of products through the Website will be governed by Spanish legislation. Any dispute that arises or relates to such contracts will be submitted to the jurisdiction of the courts and tribunals of Tarragona. If you are hiring as a consumer, nothing in this clause will affect the rights that are recognized by current legislation.

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