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1. INTRODUCTION

The present Terms and Conditions will regulate the terms and conditions in every purchase made by the Customer to ESGOA ATTITUDE, S.C. (hereinafter “ESGOA”), with CIF: J88117874 and registered office in Avenida de Baviera 14, Madrid (28028) and telephone 639.871.142, through the web of the company ESGOA (hereinafter, “The Web”) or in case of future activations in the mobile web, mobile app or application of the purchase catalogue (jointly hereinafter referred as “the Platform”).

Both, when the Customer makes a purchase or registers in the service, the company will understand that the Customer agrees with the present Terms and Conditions, Privacy Policy and Cookie Policy, included in the web. The Customer will be responsible of the Terms and Conditions permanent revision of the present conditions to ensure the changes that may be required by ESGOA.

2. CONDITIONS IN THE CONTRACT BETWEEN THE PARTIES

  1. The contract will be formalized between the Customer and ESGOA, being the processing of Customer’s data aligned with the Privacy Policy published by ESGOA.
  2. Purchases must be only made by a legal person over 18 years old, who is not in guardianship and who is of sound mind to understand and close an agreement or contract.
  3. People acting as sole representative of companies or partnerships or Postal Service Companies are not allowed to make purchases.
  4. The use of the web and the purchase process in the same way, compromise the Customer to:
  • Use the Platform only for consulting or purchasing processes which are legal.
  • Do not make any false or fraudulent purchase. If ESGOA considers that a fraudulent purchase has been made, the company reserves the right to cancel the purchase and inform the authorities.
  • Facilitate the Customer’s email, address, postal code and other personal details through clear and transparent information. Additionally, the Customer must be aware that ESGOA may use the data mentioned previously to contact with the Customer if necessary.

3. PURCHASE

  1. In order to make a purchase, once the products have been selected and introduced in the “shopping cart”, the Customer should follow the purchasing process online and click in “Authorized payment”. After confirming the payment in the web payment gateway, the Customer will receive an email from ESGOA with your order ticket (“Order confirmation”). Additionally, ESGOA will send an email to inform Customers that the product is in delivery process (“Delivery confirmation”).
  2. Any problem or mistake detected by the Customer during the purchasing process can be modified clicking “Back”.
  3. ESGOA’s Platform show confirmation windows in different sections during the purchasing process, not allowing the Customer to continue without providing certain details properly. Additionally, the web shows every detail of the product that the Customer added to the “shopping cart” during the purchasing process. Consequently, before the payment the Customer will be able to modify the order.
  4. Any problem or mistake detected by the Customer after the purchase has been made must be informed immediately to the Customer Service by a phone call or email to ESGOA in order to find a solution.
  5. In case that after the purchase the product is not available, ESGOA will reimburse the exact amount paid by the Customer.

4. PRICE, PAYMENT AND INVOICING

  1. Prices showed in the web include the value added tax (VAT); however, delivery costs are not included. Delivery costs will be added in the “shopping cart” before the Customer finishes the payment.
  2. The Price of the products may change in any moment, but paid and firm orders will not be affected in any case.
  3. The Web’s interface will send Customers to the payment gateway in the right moment during their purchasing process. The payment gateway will show the back payment gateway working with ESGOA in that moment. ESGOA will not control the payment gateway. Consequently, Customers will submit their Personal Data (bank and credit card details) to the payment gateway holder, in order to make a purchase of products sold by ESGOA.
  4. Orders being delivered to Canary Islands, Ceuta and Melilla will not aply the value added tax (VAT). These cities are in territory where VAT is not applied. This way, only taxes and customer duties included in the current regulations can be applied.
  5. In case that the Customer requests the purchase invoice to ESGOA, the ticket will be sent to the Customer’s email. The admission of these Conditions implies ESGOA’s authorization to send the purchase invoice to the Customer.

5. DELIVERIES

  1. Delivery of products will be send during calendar days and hours.
  2. The product is considered to have been sent when the Customer or a representative receive the product physically and sign the delivery note. The delivery note will include the receptor’s personal details.
  3.  If after two attempts the order is not delivered and received by the Customer or a representative, the Customer will collect the order in a specific address.
  4. If after (14) days, since the product is available to be delivered, the product is not delivered for a reason that may not be attributed to ESGOA or the delivery company, it will be understood that the Customer wish to withdraw from the contract, and the contract will be considered terminated. Consequently, after the contract is terminated, the Customer will get a refund, with the exception of the costs related to the delivery costs of the product and other delivery costs issued by the delivery company for having send the product previously in different attempts.

6. RETURNS

  1.  In order to carry out the return of a product, the Customer must, during the following (30) days after the order ticket was delivered, write an email to actitud@esgoa.com including the name of the person who made the purchase, the order number and the products that the Customer wants to return.
  2. ESGOA will respond as expeditiously as possible, indicating the Customer the following steps which are necessary to refund the product. The Customer must proceed to send the item using the method chosen by ESGOA in the next (4) days after having received the instructions to make the refund.
  3. The products must be returned in the same conditions. Meaning the product cannot have been used or washed, and the products must have their labels and the original package. Additionally, Customers must include all the free gifts attached to the purchase.
  4.  Glitter dresses or party accessories cannot be returned.
  5.  The returned package must contain a note including the following: name, email of the Customer who made the delivery, date of the purchasing process and date of the delivery.
  6.  Once ESGOA ensure that all the steps have been followed, the team will contact the customer to submit a voucher of the same amount to the Customer’s email that was included in the note. The voucher can be used in the following (6) months and it can be used to make different purchases until the whole amount is spent.
  7. The Customer must contact ESGOA by email actitud@esgoa.com to use the voucher and indicate their intention to use that voucher. In order to use the voucher, the number associated must be facilitated to ESGOA.
  8. In case that the returned product does not meet the requirements issued by ESGOA so the return can be made, the Customer will be informed and the product will be re-delivered without any additional costs.

7. RIGHT OF WITHDRAWAL

  1.  In agreement with the Act (Ley 3/2014, de 27 de marzo), for which the text to defend the rights of Consumers and Users is modified (Texto Refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias), the Customer have the right to withdraw the order giving a justified reason to deliver the product, as long as the Customer communicates the decision to ESGOA in the following (14) calendar days after the product was delivered.
  2. The intention to withdraw the product must be notified to ESGOA through email: actitud@esgoa.com and the email should include the same name of the person who made the purchase, order number, the article that wants to withdraw and a justified reason.
  3. In this case, ESGOA will reimburse the cost of the purchase (with the exception of additional costs due to Customer’s delivery preferences which are less expensive than the ordinary delivery method offered by ESGOA) without undue delay and not later than (14) calendar days since the date ESGOA has been informed of the termination of the contract.
  4. The reimbursement will be refund to the Customer thought bank transfer and ESGOA will hold the reimbursement until having received the product and having proved the conditions of the product.
  5. The refund will be made by postal to the following address: Avenida de Baviera número 14 de Madrid (28028).
  6. The products must be returned in the same conditions. Meaning the product cannot have been used or washed, and the products must have their labels and the original package. Additionally, Customers must include all the free gifts attached to the purchase.

8. CHANGE OF SIZE

  1. If the Customer wishes to change the size of any product, the Customer will have to communicate ESGOA in the next (14) calendar days after having received the product.
  2. The application to change the size of a product must be notificated to ESGOA by email to: actitud@esgoa.com. The name of the Customer who made the purchase must be included, as well as the order number and the new size.
  3. To change the size of the product will have a cost of (5) euros.
  4. ESGOA will respond as expeditiously as possible, indicating the Customer the following steps which are necessary to change the size.
  5.  The returned package must contain a note including the following: name, email of the Customer who made the delivery, telephone number, email used to make the purchase, date of purchase and date of delivery to the Customer’s address.

9. PRODUCTS WARRANTY. DEFECTIVE PRODUCTS

  1. Products sold by ESGOA have a (2) years warranty since delivery, in accordance with the provisions of the applicable legislation.
  2.  In case of receiving a defective product, the Customer will write an email to the following email address: actitud@esgoa.com, in the next (14) days after having received the product. The Customer must include a photograph to prove the damage of the product, name of the person who made the purchase and order number.
  3. ESGOA will respond as expeditiously as possible, indicating the Customer the following steps which are necessary to refund the defective product.
  4. Once ESGOA have ensured the conditions of the product and proved the damage is covered by warranty, depending on the Customer’s preferences, ESGOA will send the same item (if available) or will reimburse the cost of the product.
  5. In both cases, items must be always refunded in the same conditions. Meaning the product cannot have been used or washed, and the products must have their labels and the original package.
  6. The returned package must contain a note including the following: name, email of the Customer who made the delivery, telephone number, email used to make the purchase, date of the purchase and date of delivery in the Customer’s address.

10. RESPONSIBILITY

  1.  Except as otherwise specifically provided herein, the responsibility of ESGOA with any product purchased in the Web is limited to the price of that product.
  2.  ESGOA is not responsible for damages caused to third parties (Customers or not) as a consequence of Platform interferences caused by hackers without ESGOA’s permission.
  3.  ESGOA is not responsible for the web content of third parties which the Customer can Access though links included in the Platform.
  4. Additionally, ESGOA, will not take any responsibility for the infridgements, in terms of fortuitous events of force majeure.

11. INDUSTRIAL PROPERTY AND INTELLECTUAL PROPERTY

  1.  Trade names, brands, email addresses, etc., that may appear in the Platform belong to ESGOA or is ceding or authorised. Customers cannot make use of such without been authorised by ESGOA. Additionally, Customers or third parties cannot include links of any kind in Customer’s own webs which redirect to ESGOA’s Platform without previous permission.

12. COMPLAINTS AND CLAIMS

  1. The Customer may write complaints or suggestions to the following email address: actitud@esgoa.com, explaining what the Customer believes as appropriate.
  2. In accordance with the provisions in article 14 (Reglamento de la Unión Europea 524/2013), ESGOA counts with a link to the EU platform to solve consumer dispute resolution procedures. The Customer may access the platform if any intention of submit a complaint.
  3.  For these purposes, ESGOA informs that The European Comission facilitates a platform to solve consumer disputes online, available in the following link: http://ec.europa.eu/consumers/odr/

13. MISCELANEA

  1. The parties accept that communications by email will take full effect.
  2.  In case that communications take place by letter, it must be send by registered letter with acknowledgement of receipt, to leave written evidence of its application and reception.
  3.  The Customer may not assign, transfer, encumber or subrogate in favour of third parties, totally or partially, the rights and obligations assumed in the contract with ESGOA, without express consent.
  4. ESGOA may modify the present Conditions in any moment, modifications which may not affect already finished purchasing processes (unless otherwise stipulated by the Law).
  5. The agreement between the Customer and ESGOA shall be governed by Spanish law.
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