General Conditions of Sale

1. GENERAL INFORMATION

The ownership of this website, eastavtienda.com, (hereinafter Website) is held by: EASTAV GLOBAL, S.L.U., with NIF: B-90300898 and registered in: Commercial Registry of Seville; and whose registration data are: Volume 6308 Folio 60, Sheet SE-112185, and whose contact details are:

Address:
P.I. Hemp III — Avda. de la Comunicación, 47
41300 San José de la Rinconada (Seville)
Spain
Contact phone: 955083058
Contact email: ventas@eastav.com

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (eastavtienda.com) and the purchase or purchase of products and/or services on it (hereinafter, Terms).

For the purposes of these Conditions, it is understood that the activity that EASTAV GLOBAL carries out through the Website includes:

Training in Rope Access, Sale of EPI's, Construction Projects.

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 EASTAV GLOBAL privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User consents to be bound by these Conditions and by everything mentioned above, so if you do not agree with all of them, you should not use this Website.

In addition, we inform you that these Conditions may be modified. The User is responsible for consulting them each time they access, navigate and/or use the Website, since those that are in force at the time when the purchase of products and/or services is requested will be applicable.

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


2. THE USER

Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), and therefore, from the beginning of browsing the Website, all the Conditions established here, as well as their subsequent modifications, are accepted, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.

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

  • Use this Website only for legally valid inquiries and purchases or purchases.
  • Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered to have been made, it could be cancelled and the relevant authorities would be informed.
  • Provide true and lawful contact details, for example, email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users resident in Spain. EASTAV GLOBAL does not guarantee that the Website complies with the laws of other countries, either totally or partially. EASTAV GLOBAL declines any responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

The User may formalize, at their choice, with EASTAV GLOBAL the contract for the purchase and sale of the desired products and/or services in any of the languages in which these Conditions are available on this Website.


3. BUYING OR ACQUIRING PROCESS

Duly registered Users can purchase on the Website by the established means and forms. They must follow the eastavtienda.com online purchase and/or purchase procedure, during which several products and/or services can be selected and added to the cart, basket or final shopping space and, finally, click on “Buy and Pay”.

In addition, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase details may be modified.

The User will then receive an email confirming that EASTAV GLOBAL has received their order or request for the purchase and/or provision of the service, that is, the order confirmation. And, if applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal space connecting to the Website.

Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email, and where appropriate, through their personal space connecting to the Website. In addition, the User can, if they so wish, obtain a copy of their paper invoice, by requesting it from EASTAV GLOBAL using the contact spaces on the Website or through the contact details provided above.

The User acknowledges that they are aware, at the time of purchase, of certain particular conditions of sale that concern the product and/or service in question and which are shown together with the presentation or, where appropriate, an image of it on their website page, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which the services will be carried out and/or the cost of the services; and acknowledges that the placing of the purchase order or purchase materializes the full and complete acceptance of the particular conditions of sale applicable to each case.

In addition, the User can consult exhaustively the Special Conditions of Sale that govern this Website at the following link: https://eastavtienda.com/index.php?id_cms=3&controller=cms

Unless otherwise expressly indicated, EASTAV GLOBAL is not the manufacturer of the products sold or that may be marketed on the Website. Although EASTAV GLOBAL makes great efforts to ensure that the information shown on the Website is correct, sometimes the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and/or instructions that accompany the product.

Communications, purchase orders and payments that intervene during transactions made on the Website may be archived and kept in EASTAV GLOBAL's computerized records in order to constitute a means of proof of transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that apply in this regard, and in particular taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals physical with regard to the processing of personal data and the free movement of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and the 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 EASTAV GLOBAL through the Website are subject to the availability of the products and/or to no circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the products and/or the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, EASTAV GLOBAL undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will also apply in cases where the provision of a service would become unfeasible.


5. PRICES AND PAYMENT

The prices shown on the Website are final, in Euros (€) and include taxes, unless due to legal requirement, especially with regard to VAT, a different issue is indicated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, EASTAV GLOBAL performs delivery and/or shipping services through: MRW, TIPSA, Correos...

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

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 payment methods will be: Credit or debit card, PayPal, and Bank Transfer.

EASTAV GLOBAL 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 bank that issued them. If that bank does not authorize payment, EASTAV GLOBAL will not be responsible for any delay or non-delivery and will not be able to formalize any contract with the User.

Once EASTAV GLOBAL 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 card will be charged when the shipping confirmation and/or confirmation of the service being provided is sent to the User in the established form and, where appropriate, place.

If the payment method is PayPal, the charge will be made when EASTAV GLOBAL sends a confirmation of the order for the purchase or purchase of products and/or services to the User.

In any case, by clicking on “Buy and Pay” the User confirms that the payment method used is theirs.

Purchase or purchase orders in which the User selects bank transfer as a means of payment will be reserved for 5 calendar days from the confirmation of the order to allow sufficient time for the bank transfer to be taken into account by the payment system used by EASTAV GLOBAL for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, EASTAV GLOBAL will not be able to validate the order, which will be cancelled.


6. DELIVERY

In cases where it is appropriate to physically deliver the contracted good, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe.

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 products listed in each purchase confirmation will be delivered within the deadline indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of confirmation of the order.

If for any reason, attributable to it, EASTAV GLOBAL is unable to meet the delivery date, it will contact the User to inform them of this circumstance and, the User may choose to proceed with the purchase by setting a new delivery date or cancel the order with a 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 may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is located 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, he must contact EASTAV GLOBAL to arrange delivery another day.

If 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to EASTAV GLOBAL, EASTAV GLOBAL will understand that the User wishes to withdraw from the contract and this will be considered terminated. As a result of the termination of the contract, all payments received from the User will be returned to him, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

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

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

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

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 where the Spanish VAT applies if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.

In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of November 28, 2006 on the common system of VAT, purchase orders will be located, for delivery and/or provision, in that member State of the European Union where the address contained in the purchase order is located and, therefore, the applicable VAT will be that in force in that member State.

For orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. The User must bear in mind that in these territories there may be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with current regulations, and that these could be on their side.

For other locations, other than the previous ones, where purchase orders will be located, for delivery and/or provision, the regulations in force at all times will apply; the User must bear in mind that this could result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these could be on their side. For more information, the User must contact the customs office at the destination.


7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they can modify them by contacting EASTAV GLOBAL through the contact spaces provided on the Website, and, where appropriate, through those authorized to contact customer service, and/or using the contact details provided in the first clause (General Information). In addition, this information could also be corrected by the User through their personal space connecting to the Website.

In any case, the User, before clicking on “Buy and Pay”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.

In the same way, the User is referred to consult the Legal Notice and General Conditions of Use and, in particular, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, on the protection of individuals with regard to the processing of personal data and the free movement of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.


8. RETURNS

In cases where the User purchases products on or through the owner's Website, they have a series of rights, as listed and described below:

Right of Withdrawal

The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within 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 purchased on the EASTAV GLOBAL Website or if 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 a service contract , 14 calendar days from the day of the conclusion of the contract.

To exercise this right of withdrawal, the User must notify EASTAV GLOBAL of their decision. You may do so, where appropriate, through the contact spaces provided on the Website or through:

P.I. Hemp III — Avda. de la Comunicación, 47
41300 San José de la Rinconada (Seville)
Spain
Customer Service Phone: 955 083 058
E-pošta: eastav@eastav.com

The User, regardless of the means chosen to communicate their decision, must state clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that EASTAV GLOBAL makes available as an attached part of these Conditions, however, its use is not mandatory.

To meet the withdrawal deadline, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, EASTAV GLOBAL 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 least expensive mode offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which EASTAV GLOBAL is informed of the User's decision to withdraw.

EASTAV GLOBAL will reimburse the User using the same payment method that they used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, EASTAV GLOBAL may withhold such reimbursement until it has received the products or items from the purchase, or until the User presents proof of their return, whichever condition is met first.

The User can return or send the products to EASTAV GLOBAL at:

EASTAV GLOBAL, S.L.U. Facilities
P.I. Hemp III — Avda. de la Comunicación, 47
41300 San José de la Rinconada (Seville)
Spain
Customer Service Phone: 955 083 058
E-pošta: eastav@eastav.com

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

The User acknowledges knowing that he must bear the direct cost of returning (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 manipulation other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as stated in article 103 of Royal Legislative Decree 1/2007, of November 16, approving the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed at the factory; products that for hygiene or health reasons are sealed and have been unsealed after delivery.

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

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

In addition, 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.

The Model Withdrawal Form can be downloaded at the following link:

www.eastav.com/withdrawal model

Return of faulty products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they must contact EASTAV GLOBAL immediately and let them know the existing disagreement (defect/error) by the same means or using the contact details 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 period of time, if the refund or, where appropriate, the replacement of the same is appropriate.

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

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 any costs that the User may have incurred to make the return. The refund will be made using the same payment method 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 a consumer and a user, will always be subject to the rights recognized in the legislation in force at all times.

Guarantees

The User, as a consumer and user, enjoys guarantees for the products they can purchase through this Website, under the legally established terms for each type of product, and EASTAV GLOBAL is therefore responsible for the lack of conformity that occurs within two years of delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they conform to the description made by EASTAV GLOBAL and possess the qualities presented therein; they are suitable for the uses for which products of the same type are normally intended; and they present the usual quality and performance 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 Return of Defective Products or Shipping Error section. However, some of the products sold on the Website may have inhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore they will form part of the individual appearance of the product, and will not be a defect.

On the other hand, it could be the case that the User purchases a product of a brand or manufactured by a third party on the Website. In this case, and considering that the User is a defective product, the User also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal warranty directly against them for two years following the delivery of said products. To do this, the User must have kept all the information related to the warranty of the products.

However, to learn more about the After-Sales Service that EASTAV GLOBAL provides to Users of the Website, you can consult it here: www.eastav.com/postventa.


9. EXONERATION FROM LIABILITY

Unless otherwise provided by law, EASTAV GLOBAL will not accept any responsibility for the following losses, regardless of their origin:

  • any losses that were not attributable to any default on your part;
  • business losses (including lost profits, revenues, contracts, expected savings, data, loss of goodwill, or unnecessary expenses incurred); or
  • any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the purchase and sale of the products between both parties was formalized.

Likewise, EASTAV GLOBAL also limits its liability in the following cases:

  • EASTAV GLOBAL applies all measures to provide a faithful display of the product on the Website, however it is not responsible for the slightest differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser being used or others of this nature.
  • EASTAV GLOBAL will act with the utmost diligence to make available to the company responsible for transporting the product subject to the purchase order. However, it is not responsible for damages resulting from a transport malfunction, especially for causes such as strikes, road traffic jams, and in general any other specific to 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 over the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available. EASTAV GLOBAL makes every effort at its disposal to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes that are not attributable to it, unforeseeable circumstances or force majeure.
  • EASTAV GLOBAL will not be responsible for the misuse and/or wear and tear of the products that have been used by the User. At the same time, EASTAV GLOBAL 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, EASTAV GLOBAL will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, but not limited to:
    • Strikes, lockouts or other protest measures.
    • Civil commotion, revolt, invasion, terrorist threat or 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, ships, airplanes, motor transports or other means of transport, public or private.
    • Inability to use public or private telecommunications systems.
    • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended for the period in which the cause of force majeure continues, and EASTAV GLOBAL will have an extension of the deadline to fulfill them for a period of time equal to the duration of the cause of force majeure. EASTAV GLOBAL will use all reasonable means to find a solution that will allow it to fulfill 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 EASTAV GLOBAL are electronic (email or notices published on the Website).

For contractual purposes, the User consents to using this electronic means of communication and recognizes that all contracts, notifications, information and other communications that EASTAV GLOBAL sends electronically meet the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and/or communicate with EASTAV GLOBAL using the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

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


11. RESIGNATION

No waiver by EASTAV GLOBAL of a specific right or legal action or the lack of a requirement by EASTAV GLOBAL for strict compliance by the User with any of its obligations will imply a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt the User from complying with their obligations.

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


12. NULLITY

If any of these Conditions are declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by such declaration of nullity.


13. FULL AGREEMENT

These Conditions and any document to which express reference is made in them constitute the entire agreement existing between the User and EASTAV GLOBAL in relation to the object of sale and replace any other previous agreement, agreement or promise agreed orally or in writing by the same parties.

The User and EASTAV GLOBAL acknowledge that they have 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.


14. DATA PROTECTION

The information or personal data that the User provides to EASTAV GLOBAL in the course of a transaction on the Website will be treated in accordance with the provisions of 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 such information and data and declares that all the information or data provided is true.


15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and contracts for the purchase of products through it will be governed by Spanish legislation.

Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or to the interpretation and execution of these Conditions, or to the sales contracts between EASTAV GLOBAL and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.


16. COMPLAINTS AND GRIEVANCES

The User can send to EASTAV GLOBAL their complaints, claims or any other comment they wish to make using the contact details provided at the beginning of these Conditions (General Information).

In addition, EASTAV GLOBAL has official complaint forms available to consumers and users, which they can request from EASTAV GLOBAL at any time, using the contact details provided at the beginning of these Conditions (General Information).

In addition, if a dispute arises from the conclusion of this purchase contract between EASTAV GLOBAL and the User, as a consumer, the User can request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on the resolution of online consumer disputes 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/.


Last modified: July 1, 2023

‍