General sales conditions

1. GENERAL INFORMATION

The ownership of this website, emovili.com (hereinafter Website) is held by: EMOVILI SPAIN, S.L. (hereinafter EMOVILI) with CIF B86616042, with registered office at Avenida de Valdelaparra No. 27, Edif I, 3rd floor, 28108 Alcobendas, Madrid and Industrial Registry number 203661, and whose contact details are:

Address: Avenida de Valdelaparra No. 27, Edif.I planta 3ªD, 28108 Alcobendas

Contact telephone: 900 827 421

Contact email: contacto@emovili.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity that EMOVILI develops through the Website includes:

The design, sale, installation and start-up, under the “turnkey” mode, as well as the maintenance, of domestic and industrial installations of charging stations for electric and photovoltaic vehicles that generate electricity for self-consumption.

In addition to reading these conditions, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy policy and EMOVILI data protection. By using this Website or by making and / or requesting the acquisition of a product and / or services through it, the User consents to be bound by these Conditions and by all the aforementioned, so, therefore, if you do not agree with everything you should not use this Website.

Likewise, it is reported that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and/or uses the Website since those that are in force at the time the purchase of products and/or services are requested will be applicable.

For all the questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, when appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website, confers the condition of user (hereinafter, indistinctly, individually as User or jointly as Users), for which they are accepted, from the start of browsing the Website, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations, as the case may be.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to:

Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be cancelled and the relevant authorities informed.
Provide truthful and lawful contact information, for example, email address, postal address and/or other information.
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.

The Website is aimed mainly at Users residing in Spain. EMOVILI does not ensure that the Website complies with the laws of other countries, either totally or partially. EMOVILI declines all responsibility that may arise from said access, nor does it ensure shipments or provision of services outside of Spain.

3. PURCHASE OR ACQUISITION PROCESS

Users can buy on the Website by the established means and forms. They must follow the EMOVILI online purchase and/or acquisition procedure.

Likewise, the User must fill in and/or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase details can be modified.

Next, the User will receive an email confirming that EMOVILI has received their order or request for purchase and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped.

Once the purchase procedure has been concluded, the User consents that the Website generates an electronic invoice that will be sent to the User via email. Likewise, Users may, if they so wish, obtain a copy of their paper invoice, requesting it from EMOVILI using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being up to date, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and that are shown next to the presentation, or where appropriate, its image on its page of the Website, and acknowledges that the realization of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

In addition, the User can exhaustively consult the Particular Conditions of Sale that govern this Website at the following link: https://www.emovili.com/politica-de-privacidad/

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of EMOVILI to constitute a means of proof of the transactions – in any case, respecting reasonable conditions of security and current regulatory laws that are applicable in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in the Regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights of Users in accordance with the privacy policy of this Website.

4. AVAILABILITY

All purchase orders received by EMOVILI through the Website are subject to the availability of the products and/or to the fact that no circumstance or force majeure (clause nine of these Conditions) affects their supply and/or provision of the services. If there are difficulties in the supply of the products or there are no products in stock, EMOVILI undertakes to contact the User and reimburse any amount that may have been paid as an amount.

5. PRICES AND PAYMENT

The prices displayed on the Website are the final ones, in Euros (€) and include taxes, unless due to legal requirements, especially those related to VAT, different terms are indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, EMOVILI performs delivery and/or shipping services through: www.emovili.com

In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.

Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, PayPal or bank transfer.

EMOVILI uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).

Credit cards will be subject to checks and authorizations by the issuing bank. If said entity does not authorize payment, EMOVILI will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.

Once EMOVILI receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the User is sent the shipping confirmation and/or confirmation of the service provided in the form and, where appropriate, the established place.

In any case, by clicking on “I accept the purchase conditions” Users confirm that the payment method used is theirs.

6. DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted good, the deliveries will be made in the scope of the following territory: Spain (Peninsula and Balearic Islands).

Except for those cases in which there are unforeseen or extraordinary circumstances, or where appropriate, derived from the customization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 8 calendar days from the date of order confirmation.

If for any reason, attributable to it, EMOVILI could not meet the delivery date, it will contact the User to inform him of this circumstance and, he may choose to proceed with the purchase by establishing a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, they must contact EMOVILI to arrange delivery on another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to EMOVILI, EMOVILI will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User’s own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when EMOVILI receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount to be paid by EMOVILI.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in the Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be legally in force at all times depending on the specific article in question.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is made aware that if they detect that an error has occurred when entering the necessary data to proceed with their purchase request on the Website, they may modify them by contacting EMOVILI through the contact spaces provided. on the Website and, where appropriate, through those authorized to contact customer service, and / or using the contact information provided in the first clause (General information).

In any case, the User, before clicking on “I accept the conditions”, has access to the space where their purchase requests are noted and can make modifications.

In the same way, the User is sent to exercise their right to rectify the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons in the Regarding the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In the cases in which the User purchases products on or through the owner’s Website, they are assisted by a series of rights, as listed and described below:

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website, and therefore has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the EMOVILI Website or in the event that the goods that make up his order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of being of a service contract, 14 calendar days from the day of the contract.

To exercise this right of withdrawal, Users must notify EMOVILI of their decision. You can do so, where appropriate, through the means of contact available on the Website.

The User must express clearly and unequivocally that it is their intention to withdraw from the purchase contract.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, EMOVILI will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which EMOVILI is informed of the User’s decision to withdraw.

EMOVILI will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, EMOVILI could retain said refund until the products or items of the purchase have been received, or until the User presents proof of their return, depending on which condition is met first.

The User can return or send the products to EMOVILI at: www.emovili.com

And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date EMOVILI was informed of the withdrawal decision.

The User acknowledges knowing that he must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges knowing that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by EMOVILI, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they should contact EMOVILI immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement of the same. .

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and the costs that the User may have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, EMOVILI responding, therefore, for the lack of conformity, the same that manifests itself within a period of 2 years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by EMOVILI and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined; and they present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or error in shipping. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and that therefore will form part of the individual appearance of the product, and not they will be a defect.

9. DISCLAIMER OF LIABILITY

Unless legal provision to the contrary, EMOVILI will not accept any responsibility for the following losses, regardless of their origin:

  • Any losses that were not attributable to any breach on your part;
    Business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
  • Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between both parties was formalized.

Likewise, EMOVILI also limits its liability in the following cases:

  • EMOVILI applies all the measures concerning to provide a faithful display of the product on the Website, however it is not responsible for the minimum differences or inaccuracies that may exist due to the lack of resolution of the screen, or problems of the browser that is used or others of this nature.
  • EMOVILI will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it will not be responsible for damages arising from a malfunction of transport, especially for accusations such as strikes, road retentions, and in general any other typical of the sector, which result in delays, losses or theft of the product.
  • Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. EMOVILI uses all the means at its disposal to carry out the process of purchase, payment and shipping / delivery of the products, however it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
  • EMOVILI will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, EMOVILI will not be responsible for an erroneous return made by the User. It is the User’s responsibility to return the correct product.

In general, EMOVILI will not be responsible for any breach or delay in the fulfilment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, they are due to force majeure and this may include, but not limited to:

  • Strikes, lockouts or other vindictive actions
  • Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, boats, airplanes, motor transport or other public or private means of transport.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the force majeure continues, and EMOVILI will have an extension in the term to fulfil them for a period of time equal to the duration of the force majeure cause. EMOVILI will use all reasonable means to find a solution that allows it to comply with its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with EMOVILI are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that EMOVILI sends electronically meet the legal requirements of being in writing. This condition will not affect the User’s rights as recognized by law.

The User can send notifications and/or communicate with EMOVILI through the contact information provided in these Conditions and, where appropriate, through the means of contact on the Website.

Likewise, unless otherwise stipulated, EMOVILI may contact and/or notify the User by email or at the postal address provided.

11. WAIVER

No waiver by EMOVILI of a specific right or legal action or the lack of requirement by EMOVILI of strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate to the User of the fulfilment of their obligations.

No resignation by EMOVILI to any of these Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a resignation and it is formalized and communicated to the User in writing.

12. FULL AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and EMOVILI in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parts.

The User and EMOVILI acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

13. DATA PROTECTION

The information or personal data that the User provides to EMOVILI in the course of a transaction on the Website, will be treated in accordance with those established in the Privacy or data protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided are true.

14. COMPLAINTS AND CLAIMS

The User can send EMOVILI their complaints, claims or any comments they wish to make through the contact information provided at the beginning of these Conditions (General Information).

In addition, EMOVILI has official complaint forms available to consumers and users, and which they can request at contacto@emovili.com at any time, using the contact information provided at the beginning of these Conditions (General Information).

Likewise, if a dispute arises from the conclusion of this purchase contract between EMOVILI and the User, the User as a consumer may request an out-of-court resolution of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.