General terms and conditions
This section establishes the contracting and acquisition of the products offered through the website www.elbusca.es (hereinafter “the website”), owned by the entity JUAN GOMEZ SORIANO with NIF 26213693H (hereinafter “the responsible party”).
By accepting this contract, the consumer and/or user (hereinafter referred to as “customer”) accepts the following:
1.- What is a person with sufficient capacity to contract.
2.- That he/she has read, understands and accepts without reservation each and every one of the points of these general conditions.
3.- That he/she assumes all the obligations established in this respect.
The Data Controller does not intend to process data relating to minors. The Responsible Party only sells to persons of legal age in accordance with Spanish law (article 315 of the Civil Code).
These conditions shall be valid for an indefinite period of time and shall be applicable to all contracts made through the web portal.
The Responsible reserves the right to modify the contractual offer, consisting of these general terms and conditions and the list of products and their prices at any time, although such modifications will not be made to contracts already concluded by the consumer and/or user. Therefore, it is recommended to read it before proceeding to the purchase of any product offered.
Identities of the parties
On the one hand, JUAN GOMEZ SORIANO, owner of the website www.elbusca.es with NIF 26213693H, as supplier of the products contracted by the consumer and/or user, with registered office at Avda. País Valencià Nº 7, CP 03509, Finestrat, Alicante (ESPAÑA). Email address atcliente@elbusca.es.
On the other hand, the client/user, whose purpose is to be a consumer and/or user of the same and/or to contract the products of the website.
Communication and Contact
For the purposes of communications, the Controller makes the following means available to the client:
Email: atcliente@elbusca.es
Postal address: Avda. País Valencià Nº 7, CP 03509, Finestrat, Alicante (ESPAÑA).
Contact and user service form;
Communications made between the client and the Controller by such means shall be considered effective and valid for all purposes.
Client Responsibility
The customer undertakes to make lawful use of the website and the products provided therein, respecting current legislation and refraining from harming the rights and interests of third parties and of The Responsible Party.
The customer is responsible for the veracity of the data provided to the website and is therefore liable for the consequences that may arise from providing false or erroneous data on this website.
The customer undertakes not to carry out actions contrary to the law, morality and public order. Likewise, it undertakes not to carry out actions that may impede, damage or deteriorate the normal functioning of the services or that may harm or cause damage to the goods and rights of the Responsible Party, its suppliers and users in general.
The customer must respect and accept the general contracting conditions and the legal and privacy notices established on this website.
Failure to comply with the above may result in the withdrawal or cancellation of the products offered by the Responsible Party without prior notice and without entitlement to any compensation, as well as the commencement of legal action to which the Responsible Party may be entitled.
Responsibility
The Responsible Party undertakes to comply with the obligations set out in these general terms and conditions.
For any information or queries, the customer can use the form provided for this purpose on the website itself or via e-mail to the e-mail address atcliente@elbusca.es indicating the order number or stating their query.
Language
The language in which the relationship with the client is perfected will be Spanish.
Object of the contract
The purpose of this contract is to regulate the relationship that exists between the Controller and the client at the moment when the latter gives his or her consent during the contracting process by accepting the corresponding box.
The contractual purchase and sale relationship involves the delivery of one or more contracted products in exchange for a specific price, with the aim of both providing information on the products offered and enabling the purchase of the same through the portal.
Procurement Procedure
The online contracting of the products on the website can be carried out in accordance with the provisions of these general terms and conditions. The User undertakes, in general, to use the website in accordance with the provisions of its General Conditions and not to carry out actions contrary to the law, morality and public order. Likewise, the user undertakes not to carry out any actions that may impede, damage or deteriorate the normal operation of the services or that may harm or cause damage to the goods and rights of the website, its suppliers and users in general.
Products offered
The products listed in the shop shall correspond as closely as possible to the products offered. The prices indicated are in euros and include VAT, unless otherwise indicated. The prices will be governed by our current price list, except in the case of typographical errors, and we reserve the right to modify them without prior notice. The responsible party undertakes not to allow any transaction that is illegal or considered fraudulent and reserves the right to cancel or refuse any order from a User-Customer with whom it has a dispute regarding the payment of a previous order.
Orders placed on the Internet via the website involve contractual data between the User-Customer and the shop, which will be confirmed and collected by both parties prior to shipment. The User-Customer declares that he/she is aware of and accepts these general terms and conditions of sale before confirming his/her orders. Confirmation of an order therefore implies acceptance of these General Terms and Conditions of Sale. Unless proven otherwise, the data recorded by the shop constitutes proof of all transactions between the controller and its customers.
The main characteristics of each PRODUCT are described in their corresponding data sheets or sections. (Characteristics, price, offers, discounts, etc.).
Offers or discounts shall be duly marked and identified as such, indicating the previous price and the current price of the offer.
Price and Time Validity of Products
The price of each product is reflected in the current price list on our website.
The customer accepts that the economic valuation of some of the products may vary in real time. As a result, the price to be applied will be the price in force on the date the order is placed. However, this final price will be communicated to the customer in the electronic purchasing process before the customer proceeds to formalise their acceptance of the purchase.
The prices indicated for each product include Value Added Tax (VAT) and are always expressed in Euro currency (€).
VAT rates may vary depending on the country of destination and the currency applied.
The prices indicated on the products, unless expressly stated otherwise, do not include shipping costs, shipping insurance or any other additional services and annexes to the service purchased.
The customer may check and calculate the total price of the service with the exact breakdowns before proceeding to formalise payment in the purchase process enabled on the website.
Payment Methods and Methods of Payment
Secure payment
The Controller uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorised access to data. To achieve these purposes, the user/customer agrees that the provider obtains data for the purpose of authentication of access controls.
All contracting processes or processes involving the entry of personal data (name, bank details, addresses) shall always be transmitted via secure communication protocol (HTTPS://) in such a way that no third party has access to the information transmitted electronically.
Methods of payment
The new digital payment methodologies and requirements established by the PSD2 Directive have been taken into account and are applied.
The customer will be able to pay the amount of his order by choosing the new digital payment systems;
– NEW DIGITAL PAYMENTS
As a new methodology and SCA reinforcement system of digital payment by authentication, you (customer) will be able to choose to apply two of the following three methods;
– An electronic device or ID card. “Something I have”.
– A personal key. “Something I know”.
– Encryption by fingerprint, facial or iris recognition. “Something I am
At least one of the three methods must meet the qualities described below:
I. Preserve the confidentiality of the other authentication elements.
II. It shall not be replicable or reusable.
III. May not be stolen over the Internet.
EXCEPTIONS:
There are some exceptions that do not require strong authentication methods, they are the following;
Payments below €30 do not require customer authentication. However, if several payments below that amount are made that exceed €100 or exceed the amount of 5 transactions, the bank will require authentication.
Payments that are made on a recurring or fixed basis will be exempted after application of the SCA for the first of them. Recurring transactions initiated prior to the PSD2 obligation will not have to be authenticated.
Trusted merchants where the user has added to his “whitelist”.
Payments where one of the parties is located outside the European Economic Area.
● Payments made in person would also be exempt from the regulation, unless the payment is made via contactless technology and exceeds €50.
● Payments made with corporate cards.
Telephone sales.
Transactions for which payment has been initiated by telephone or email.
Which payment method can I use to make my purchase?
The following payment methods are available: Visa, Visa Electron, Mastercard, Paypal or cash on delivery.
For what reason can my credit card be rejected?
Your card may be rejected for one of the following reasons:
The card may be expired. Check that your card has not exceeded the expiry date.
The card may have reached its limit. Check with your bank that the card has not exceeded the amount allowed for purchases.
It may be that some of the information entered is incorrect. Check that you have filled in all the necessary fields correctly.
Is it safe to use my credit card on the website?
Yes, the data is transmitted in SSL encrypted form. For payment with Visa and Mastercard only CES (Secure Electronic Commerce) transactions will be accepted. After verifying that the card is a member of the CES system, the system will contact the issuing bank for the buyer to authorise the purchase. When the bank confirms the authenticity, the card will be charged. Otherwise the order will be cancelled.
Guarantees
The measures implemented provide a number of safeguards, including the following;
● If something fails during the authentication process, it must not be possible to know which authentication element was incorrect.
● The number of failed attempts to temporarily or permanently block the user shall be limited to a maximum of 5 attempts in a given time.
● Communication sessions shall be encrypted and protected against tampering by unauthorised persons.
● After authentication, the user shall not remain inactive for more than 5 minutes.
Product Delivery Times
The product will be considered delivered to the customer when it is at the customer’s disposal and the customer signs or accepts receipt of the same to the transport agency/post office.
Shipping costs may vary depending on the location to which it is sent and the amount of the basket. These calculations will be made automatically by the shopping basket without the need for intervention by the user.
We do ship to mainland Spain, the Canary Islands, Balearic Islands, Ceuta and Melilla.
*Deliveries abroad will have a different and special rate.
Shipments are delivered to the address indicated by the user in the purchase process, once payment has been verified. The delivery service is carried out in collaboration with different logistics operators of recognised prestige within approximately 24-72 hours, the maximum delivery time being the thirty days established by default in the Law. Orders will not be delivered to PO Boxes or non-permanent addresses. In the event of a delay in the delivery of the order due to stock rotation, the customer will be informed promptly.
Delivery Services
Home delivery:
The transport agency will deliver the order to the address indicated by the user, giving prior notice of the day and approximate time of delivery by means of a message or call to the user’s mobile phone. If the customer is not present at home at the time of delivery, he/she will be called back to arrange a second delivery at no additional cost. The User-Customer is aware of the transfer of their data to the delivery company for the purposes described above.
Please check the delivery details carefully before making your purchase. The responsible party is not responsible for delivery problems resulting from incorrect information provided by the user.
Right of Withdrawal and Returns
Customer returns
You have 15 days from receipt of the order to make an EXCHANGE for another size or garment; to do this, you must communicate this change to our email address atcliente@elbusca.es or by telephone at 966877873.
If you wish to return the garment for cash, we require you to notify us within 24 hours of receiving your order.
I want to exchange my garment for another size, what should I do?
Within your return period, you can do so by calling 966877873 and they will tell you how to make your exchange.
I have received my product, but I want to return it, how do I proceed?
We give you several options for your return:
-Exchange it for another product. Return costs at our expense.
-Return the product for your money in cash. In this option we demand the essential requirement of notifying us within 24 hours of receiving your order.
To do this, you must return the product to the following address: elbusca.es. Avda Pais Valencià Nº 7 – 03509, Finestrat, (Alicante): By sending it by courier service (at the customer’s choice if he/she decides to choose this option).
Return costs to be paid by the customer.
Once the return order has been received at our facilities and verified, we will contact you to proceed with the return. The amount will be refunded within a maximum period of 7 days in the same method of payment that you made your order.
How should the product be returned?
Products must be returned in the same condition in which they were received including their original packaging. No exchange will be made if the item has been used beyond mere opening or if it has been damaged in any way.
Can everything be returned?
Swimwear, swimwear, bodysuits for hygiene reasons and accessories (handbags, earrings, pendants, bracelets, headdresses, pamelas, belts and headbands) cannot be returned.
Party wear and footwear cannot be returned more than 24 hours after receipt of your order. This can be exchanged for another size or for a discount voucher for the same amount of your garment for future purchases with no expiry date.
You will have to notify your return within 24 hours via email to atcliente@elbusca.es
Returns in case of damaged, defective or incorrect products or with incorrect or incomplete information:
In the event that the return is motivated by defects in the goods or shipping error, you must call 966877873 or write an email to devoluciones@elbusca.es.es to report this fact and we will change the product without shipping cost for you. If when you receive the package you notice that it is damaged due to transport, you must indicate it on the delivery note that the carrier gives you and contact the telephone number 966877873 or devoluciones@elbusca.es within 24 hours of receipt, so that you can make the appropriate claim. If you prefer to cancel the order, the amount of the value of the product plus shipping costs will be paid. No return costs will be paid for these reasons.
Cancellation of Orders
If the cancellation is made before the goods leave our shop, the customer will not be charged any additional costs and the order will be cancelled immediately. If the goods have already left for their destination, the customer shall bear the return shipping costs.
It is expressly informed that the consumer will have to pay the shipping costs of returning the goods when exercising his right of withdrawal.
Article 103 of the TRLGDCU establishes the exceptions to the consumer’s right of withdrawal:
a) The provision of services, once the service has been fully performed, when performance has begun, with the prior express consent of the consumer and user and with the acknowledgement by him that he is aware that, once the contract has been fully performed by the trader, he will have lost his right of withdrawal.
b) The supply of goods or services the price of which is dependent on fluctuations in the financial market which are beyond the trader’s control and which may occur during the withdrawal period.
c) The supply of goods made to the specifications of the consumer and user or clearly personalised.
d) The supply of goods that are likely to deteriorate or expire quickly.
e) The supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
f) The supply of goods which after delivery and taking into account their nature have become inseparably mixed with other goods.
g) The supply of alcoholic beverages whose price has been agreed at the time of concluding the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.
(h) Contracts where the consumer and user has specifically requested the trader to visit him for urgent repairs or maintenance; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair, the right of withdrawal should apply to those additional services or goods.
(i) The supply of sealed audio or video recordings or sealed software which have been unsealed by the consumer and user after delivery.
(j) The supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
(k) contracts concluded by means of public auctions
(l) The supply of accommodation services for purposes other than the provision of housing, transport of goods, car rental, catering or services related to leisure activities, if the contracts provide for a specific date or period of performance.
m) The supply of digital content which is not provided on a tangible medium where performance has begun with the prior express consent of the consumer and user with the knowledge that he/she loses his/her right of withdrawal as a result.
Withdrawal and Procedure:
To exercise their right of withdrawal, the consumer and/or user has a period of 15 calendar days from receipt of the product, by completing the form provided for this purpose in the “customer service” section.
Whether by one means or another, your communication must contain the following information:
– Your identification details: full name and address
– Order number appearing on the invoice sent to you with the purchased goods
– Description of the goods purchased
– Your wish to withdraw from the contract of sale.
– Bank account where you want the price and costs to be refunded to you
– Date of communication
– If you send your request by non-electronic means (e.g. by post), it must be signed.
From the date on which you inform us of your decision to withdraw from the contract, the consumer and/or user has a period of 15 calendar days to return the purchased goods to the Responsible Party in perfect condition, together with a copy of the purchase invoice.
The Responsible Party shall promptly notify the consumer and/or user by e-mail of the acknowledgement of receipt of the withdrawal, with instructions on how to send it to the consumer and/or user. Once the product has been received or the consumer and/or user has provided reliable proof of the return of the goods, the Responsible Party shall deliver the sums paid by the consumer and/or user without undue delay.
Garantías Aplicables
La garantía contractual ofrecida es la que se establece en el Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios. El responsable, responderá de las faltas de conformidad que se manifiesten en el plazo de dos años desde la entrega, siempre y cuando el cliente haya informado al Responsable de dicha falta de conformidad en el plazo de dos meses desde que tuvo conocimiento de ella. En caso de producto defectuoso, el vendedor procederá, según corresponda, a la reparación, sustitución, rebaja del precio o resolución del contrato.
Force Majeure
Neither of the contracting parties shall have any liability whatsoever for any failure due to force majeure or breach of these conditions due to unforeseen or extraneous circumstances, such as acts of God, war, terrorism, embargoes, actions of civil or military authorities, fire, flood, accidents, strikes, or shortages of transport facilities, fuel, energy, labour or materials. The termination of the contract shall be postponed until the end of the force majeure situation.
Claim Form
At the address Avda. Pais Valencià Nº 7, CP 03509, Finestrat, Alicante (SPAIN), the consumer and/or user has at their disposal complaint forms, in accordance with the competent regulations on this matter. Notwithstanding the above, the consumer and/or user may, in any case, request the submission of the same by means of the contact form established for this purpose on the website or at the e-mail address atclientes@elbusca.es or customer service form.
Jurisdiction and Applicable Law
The parties submit, at their choice, to the courts and tribunals of the user’s domicile for the resolution of conflicts, renouncing any other jurisdiction.
