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Article 1: Field of application
The terms of sale apply exclusively to current and future business relationships between DUHOKOTU SL (Flamingo Park - Fase 1 F11 - 29680 Estepona - Spain) ("Us") and the author/user ("You") of the order/payment. Any condition that does not conform to our terms of sale will be rejected, unless we have acknowledged its applicability - expressly and in writing. We may alter the present terms of sale at any time, provided that we communicate these alterations on our site.
Article 2: Order
The user may place his or her order online. The order may only be registered on the site if the user has clearly identified himself or herself:
- by entering his or her customer code (or the specific identifier of the elioka.com site), which is strictly personal;
- or by filling out the online order form enabling him or her to obtain the allocation of a customer number/name that will be sent to him or her by the Customer Service Department following his or her first order. We undertake to accept your order pursuant to these terms of sale. Please note that we will fill your order subject to our available stocks, or subject to stocks available at our suppliers. At the time of your order, we will inform you of the availability of the products that you wish to acquire. However, if, despite our best efforts, the products are unavailable after your order, we will inform you by e-mail. Any order is deemed as acceptance of the prices and description of the products available for sale. By virtue of your order, you accept all of these terms of sale made available to you on the site, and you acknowledge that you have a full knowledge thereof. As a result, you waive the right to seek application of any conflicting document, notably, your own terms of purchase, the act of purchase implying acceptance of the present terms of sale. This confirmation and all of the information that we have recorded constitute the proof of our transactions.
Article 3: Prices
Prices are guaranteed subject to available stocks. We reserve the right to change them in the event of an increase in charges, notably in the rate of VAT, and in case of a typographical or printing error. In the case of promotions, the stock will be limited in time to the quantity offered. The prices (indicated in euros) include all taxes, but do not include the costs of postage and packaging. We reserve the right to change our prices at any time, although we undertake to charge the prices in effect that are indicated to you at the time of the order. Neither Duhokotu nor any of its affiliate companies is liable for any difference between the total estimated amount of your order and the invoice amount.
Article 4: Payment
The price is due immediately on the order date. You may make payment by payment card, secure electronic payment, or bank transfer. Cards issued by banks domiciled outside Spain must be international bank cards. Secure online payment by bankcard is completely safe: it uses the SSL (Secure Socket Layer) protocol. The information sent is encrypted by a software program and cannot be read during transit over the network. The payment's security is guaranteed by Ogone, a firm specialising in online payment. Credit card numbers are not stored in our databases. In the event that you are late in making payment for an amount due, we shall be entitled to demand late payment interest at the average effective rate charged during the preceding quarter by credit institutions for consumer loans. In the event that we are able to demonstrate the existence of damages exceeding the amount of default interest as a result of your delay in making payment for the amount due, we shall be entitled to demand compensation for such damages.
Article 5: Delivery
Unless otherwise stipulated, delivery is made to the address that you have indicated in your customer profile. You shall bear the delivery risks, as of the date on which the products ordered leave our premises. Delivery times are given for information purposes only.
Article 6: Returns and reimbursement
In accordance with legal provisions, any article returned within 7 days of the order's receipt (indicating the order number to which it refers) for exchange or reimbursement shall take place without penalty. However, return expenses shall be borne by you, unless the return is due to an error on our part. Only new products that are returned complete, in good condition and in their original packaging (as we delivered them to you), will be taken back or exchanged. The products must be returned at your expense, except for an error on our part, to the following address: Duhokotu, Flamingo Park - Fase 1 F11 - 29680 Estepona - Spain. At the end of the 7-day period the delivered products shall be deemed to conform to your order and shall be deemed to be accepted by you.
Article 7: Reservation of title
The goods delivered shall remain our property until you have fulfilled all of your obligations to us, notably, until you have made full payment for the amount due, plus, if applicable, any interest. This reservation of title does not impede transfer of the risks, which shall be borne by you as of the date on which the ordered products leave our premises in accordance with the provisions of Article 5.
Article 8: Warranty on hidden defects and liability
In the event that the new products that we have delivered to you have a hidden defect, we may, depending on our preference, rectify this defect or replace the defective product with another product. If we do not want to rectify or replace this defective product, or if we are unable to do so, or if we are not able to do so within the stipulated time as a result of factors outside our control and not caused by us, you may, as you see fit, return it to us and we will reimburse you or we will send you a discount. The products offered conform to Spanish legislation in effect. We waive any liability in the event that the delivered product does not comply with the legislation of the country of delivery. Similarly, we cannot be held liable as a result of the content of the sites to which the hypertext links refer from our site. We undertake to take all of the care that characterises our industry in providing the service offered to the customer. However, we cannot be held liable if we fail to fulfil our contractual obligations as a result of an act of God or a case of force majeure, such as, among others, disasters, strikes, fires, floods, equipment defects or breakdowns, problems involving means of transport, means of communication, or situations resulting from your actions. In addition, we cannot be held liable in the event of a delay that is due to a stock outage at the supplier, nor can we be held liable for an error in the presentation of products on our site, as the photographs, texts and illustrations representing the products are not contractual.
Article 9: Protection of personal information
The personal information that you send us is only used to ensure that your order is handled properly. We use the information that we collect to serve our customers as follows: when you place an order, we need to know your name, e-mail address, personal address, and the means of payment used. This will enable us to fill your orders and to inform you on the status of your orders. In order to make your purchases on the site as appealing as possible, with your consent, we will keep the personal information, as well as any information concerning the order and the use of our services. This allows us to personalise our web site and to orient you towards articles that might be of interest to you. With your consent, it is possible that we may use this information to notify you of improvements made to the site, as well as special offers and promotions. If you prefer to stop receiving this information, you can inform us by e-mail at any time, at the following address: info@elioka.com.
If you wish to personalise your profile, we will keep your personal information on our secure server. We keep information such as your name, e-mail address, shipping address, invoice address, and payment details. This means that you need not to give us this information each time that you place an order. However, we do not keep your bankcard's references. You can access your "ACCOUNT" at any time and change its content. All of the personal information concerning you that we have collected is treated with the greatest possible confidentiality, in accordance with the provisions of our policy on the protection of personal data. At the time of your purchases, we only ask you for the information that we need to ensure the quality of our services and to process your order. We do not sell, market or rent this information to third parties. However, we may decide to do so in future with our suppliers and providers or our affiliates (as defined in our personal data protection policy) for the direct and related needs of implementing the sales contracts that we conclude with you, although you may oppose this by sending us an e-mail to info@elioka.com. If you do not wish to receive our announcements and special offers, please send us an e-mail without text to info@elioka.com. Please remember to send us a message from each of the e-mail addresses that you have communicated to us. You have a right to access and correct information concerning you. To do so, you need only access your account on our site using your e-mail address and your password. For any other questions concerning the protection of your personal information, you can send us an e-mail to info@elioka.com. By accepting these terms of sale, you acknowledge that you have taken note of our policy to protect personal information and you authorise us to collect and use this information.
Article 10: Governing law and court with jurisdiction
These terms of sale are governed by Spanish law and the Vienna Convention on contracts for the international sale of goods, excluding the United Nations right of sale. Any dispute relating to the commercial relations between you and us are subject to the exclusive jurisdiction of the Spanish courts.
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