GENERAL CONDITIONS
INFORMATION PRIOR TO THE CONTRACTUAL PROCESS
The present web page www.ergonomika.es is property of ERGONO SL with CIF B67463992 and fiscal address in C/ Montsant, 10 - Sant Fruitós de Bages, Barcelona (08272), acting commercially under the brand ERGONOMIKA. The General Contracting Conditions regulate the distance selling relationship between ERGONOMIKA SL and the user or customer, in accordance with the legal stipulations, in particular, Law 7/1998, of April 13, on General Contracting Conditions, Law 3/2014, of 27 March, which amends the revised text of the General Law for the Protection of Consumers and Users, the current and applicable regulations on Personal Data Protection, Law 7/1996, of 15 January, on the Regulation of Retail Trade, and Law 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce.
ERGONO SL reserves the right to make any modifications it deems appropriate, without prior notice, in the General Conditions. Such modifications may be made through their websites, by any means admissible in law and must be complied with during the time they are published on the web and until they are not validly modified by subsequent ones. However, ERGONO SL reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Conditions when it deems appropriate, announcing them in a timely manner.
The purpose of the website is to advertise, offer and sell all kinds of ergonomic seating products and accessories for well-being at work.
The duration of the contract shall be linked to the delivery of the product without prejudice to the right of withdrawal. You can also subscribe to the newsletter to receive offers concerning our products or general information that may be of interest to you.
As a user or customer expressly declares to know, understand and accept the conditions of use and these general conditions of contracting. Likewise, you declare to be of legal age and have the legal capacity to access the websites of ERGONO SL and contracting through them.
To purchase our products, you can go to the corresponding section of our online store.
It is a prerequisite that you register as a user of the website to make the purchase online. You can access the corresponding section for registration on the website itself. In accordance with the provisions of Law 15/1999 on the Protection of Personal Data, ERGONO SL informs users that personal data collected during the registration process and subsequent purchase will be entered into a file under its responsibility, in order to process such actions by the user and manage subsequent actions arising therefrom. Likewise, ERGONO SL informs of the possibility of exercising the rights of access, rectification, cancellation and opposition by writing to the address C/ Montsant, 10 - Sant Fruitós de Bages, Barcelona (08272) or via email to info@ergonomika.cat.
Unless you inform us otherwise, we will assume that your data has not been modified, that you agree to notify us of any change and that we have your consent to use it in order to maintain the relationship between the parties.
During the purchase process you must identify yourself with the user name and password provided. These data will not be public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, not being able to transfer them to another. You can modify the registered information at any time, in your customer area. In this same section you will have access to a history of your orders. This is only a consultation section, but its management is allowed, and the user can delete those records that he/she considers it is not necessary to view.
Once the purchase process is completed, the customer will receive a confirmation of the purchase by e-mail. It is essential that during the purchase process the user indicates a valid email address. If within 24 hours from the completion of the order you do not receive the confirmation, please contact ERGONO SL by email info@ergonomika.es.
All the contents of the website are in Spanish.
The customer, upon receipt of the product at the delivery address provided, will receive an invoice or copy of the order.
PRICES
Each product offered will have its price indicated (including VAT). The prices indicated on the website will be those in force at any given time.
ERGONO SL reserves the right to make price modifications and protects itself from price increases for reasons such as increases in distributors' price lists, new taxes or similar situations.
OFFERS AND VALIDITY
In the event that a product is on offer, the offer price and the validity of the offer shall always be indicated next to the essential characteristics of the product.
In compliance with current regulations, ERGONO SL provides information on all items for sale, their characteristics and prices. However, ERGONO SL reserves the right to withdraw, replace or change the products offered through its website by simply changing the content of the same. Thus, the products offered at all times by the web will be governed by the General Conditions of Contract in force in each case. Likewise, the company shall have the right to stop offering, without prior notice and at any time, access to the aforementioned products.
PROHIBITION OF SALES OUTSIDE OUR DISTRIBUTION NETWORK
Our products are intended for sale only in our distribution network (ERGONOMIKA physical stores and online store www.ergonomika.es). Therefore, any sale of our products through an unauthorized channel is strictly prohibited, so that in addition to being an attack on the image of the brand and products, will legitimize us to demand civil and, where appropriate, criminal liability of the perpetrators.
SHIPPING AND HANDLING
Most of our products do not have shipping costs. In case a product has shipping costs, the cost of shipping will be calculated in the shopping cart according to the characteristics (weight and volume) of the product and the shipping address.
ERGONO SL only delivers to Spain (except Canary Islands), Andorra and Portugal.
Shipments to Andorra: The shipping cost for shipments to Andorra will be charged to the customer. These costs are divided into customs costs (133€), postage (74€) and customs clearance which will be subtracted from the VAT refund.
Herman Miller chairs shipped to Andorra must be picked up at the customer's nearest pickup point.
DELIVERY
The goods will be delivered to the address designated by the sender, except in the absence of the addressee. In case of absence of the addressee, our logistics operator will try to contact the customer on the spot and arrange a second collection. After a second unsuccessful delivery attempt, the customer will have to pay the shipping costs of the same, in case of claiming the product.
The customer is responsible for the accuracy of the data communicated to ERGONO SL declines any responsibility for any delay or impossibility during the management of the order, in particular in the act of delivery, due to error or inadequacy of the data communicated by the customer.
ASSEMBLY
The product will be delivered assembled or disassembled depending on the model, this information will be specified in the description of each product.
DAMAGE IN SHIPPING
If at the time of delivery is appreciated in a visible and clear way, without the need to manipulate the shipping packaging or the product itself, that a product has defects caused by damage caused by transport or is appreciated, in the same way, an error in the goods received, the customer must record it on the delivery note and communicate it to ERGONO SL, by email to atc@ergonomika.es as soon as possible after receipt of the order and never more than 2 working days from receipt, in order to proceed to claim the warranty to the transport agency in case of damage to the product or urge the return of the product or products in case of error in the goods received.
DELIVERY TIMES
Each product in our catalog is defined with a specific delivery time, which will depend on the type of product, the manufacturer, or the stock in our stock. ERGONO SL undertakes to comply with delivery times as long as there is no stock out of stock, in which case ERGONO SL undertakes to contact the customer as soon as possible and inform him of the incident detected, and to make every effort to supply the item purchased or propose an alternative item.
If the customer does not accept ERGONO SL's proposals and suggestions we will cancel his order in relation to the items we are unable to supply and we will refund any sums of money that he has paid us for such items. The refund of these sums of money will be the limit of our liability to the customer.
Failure to meet the delivery date shall not be considered as failure to deliver due to absence of the addressee, change of address, unknown address, incomplete data of the shipping address or force majeure. In order to proceed with the delivery of the goods, the signature of the delivery note by the addressee shall be required.
In the event that a customer purchases several products in the same order with different delivery times, he/she will receive each product within its corresponding delivery time.
DELIVERY DAYS
The services shall be provided on working days and from Monday to Saturday. Holidays at the place of destination shall be excluded in the time computation of the contracted service. The contractually agreed deadlines for the delivery of the shipments are understood without prejudice to the delays that could be caused by force majeure or fortuitous event (storms, snow, road closures, strikes, procedures or other actions of the Administration and/or Customs, delays of the airlines and/or shipping companies, etc.).
For chairs labeled "Special Edition" the delivery times provided by the manufacturer are approximate, orders have an estimated delivery time indicated in working days.
PRODUCT RETURNS
All ERGONO SL products that have been purchased through www.ergonomika.es can be returned or exchanged within 14 working days from the date of delivery of the purchase, after this period no exchange or refund is allowed. The items to be returned must include the original packaging and be in perfect condition and unused. The product must be sent together with the return form and a copy of the delivery note or invoice, duly completed.
Customized products (labeled "Special Edition") are returnable, with the condition that 40% of the total order will be invoiced because they are custom-made products and therefore are not in regular rotation in our warehouses.
Once the goods have been received, we will check the condition of the goods at our facilities to be able to refund 100% of the amount of your order.
Transport costs of returns shall be borne by the customer. In the event that the returned products have any damage, the customer must pay compensation to ERGONO SL the amount corresponding to such damage.
If you would like to make a return, please contact our customer service at atc@ergonomika.es.
No returns are accepted without prior authorization from ERGONO SL.
PRODUCT WARRANTY
If the customer detects any defect in the product, it must be notified as soon as possible to atc@ergonomika.es including proof of purchase, description of the problem and attaching photos where the defect of the product can be seen in a visible way. ERGONO SL is responsible for sending this information to the manufacturer until 3 years after the customer makes the purchase. After these 3 years, until the end of the specific warranty period of each manufacturer, it will be the customer who must manage the warranty with the manufacturer. In all cases, the manufacturer is responsible for processing the product warranty.
Transport and service costs in case of repair under warranty are to be borne by the customer.
Excluded from its coverage are the characteristics of the product, typical of its nature, as well as the damages produced by a bad use of the same according to the law of guarantee of consumer goods. This warranty does not include deficiencies caused by negligence, blows, improper use or handling or incorrect assembly. Nor will it be considered when the materials are subject to wear and tear due to normal use.
The warranty will be void if any of the information on the warranty or proof of purchase is modified, altered or replaced.
PAYMENT METHODS
Payment for orders placed on www.ergonomika.es can be made in several ways:
- Payment by PayPal.
Paypal allows you to send payments online securely and conveniently. The PayPal network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. Paypal offers a service specially designed for those who are not satisfied with traditional payment mechanisms. More information at Paypal. http://www.paypal.com.
This payment method is valid only on the web.
- Visa or Mastercard credit card.
Payment by credit or debit card is made through the secure payment gateway of:
a) Stripe: Through this payment method, ERGONOMIKA never collects or manipulates any customer data related to your card number. All data is processed directly by Stripe, so that ERGONOMIKA can always offer the greatest security, transparency and confidentiality in the transaction.
b) Banco Sabadell: payment system in a secure environment (Virtual POS).
The order will not be processed until the payment has been authorized by the bank.
CLAIM
If the customer wishes to file a complaint, the ERGONO SL establishment is located at C/ Montsant, 10 - Sant Fruitós de Bages, Barcelona (08272) or via e-mail info@ergonomika.es.
JURISDICTION
Also, ERGONO SL reserves the right to file civil or criminal actions it deems appropriate for the misuse of its website and content or for breach of these conditions.
The relationship between the user and the provider shall be governed by the regulations in force and applicable in the Spanish territory. Should any dispute arise, the parties may submit their disputes to arbitration or go to the ordinary jurisdiction in compliance with the rules on jurisdiction and competence in this regard. ERGONO SL is domiciled in BARCELONA, Spain.
MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
Taking into account the possible evolutions of the website, ERGONOMIKA reserves the right to adapt or modify at any time the present general conditions of sale. The new general conditions of sale will be accessible by the customer through the website and will be applied only in sales after the modification.