ZERO | General Terms and Conditions

GENERAL CONDITIONS OF SALE

www.movimientozero.com

I.GENERAL INFORMATION

The ownership of this website, www.movimientozero.com, (hereinafter referred to as the Website) is held by ASOCIACIÓN JUNIOR EMPRESA WIMADD:

ASOCIACIÓN JUNIOR EMPRESA WIMADD, provided with CIF: G87418935 and registered in: NATIONAL REGISTRATION OF ASSOCIATIONS with the following registry data: GROUP 1, SECTION 1, NATIONAL NUMBER 609711, whose representative is:ASOCIACIÓN JUNIOR EMPRESA WIMADD (hereinafter, Responsible for treatment). Your contact details are as follows:

Address: CALLE, DUQUE DE ALBA, 15

28012 MADRID

Contact telephone: 622231599

Contact email: [email protected]

This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website (www.movimientozero.com) and the purchase or acquisition of products and/or services on it (hereinafter, Conditions).

For the purposes of these Conditions, it is understood that the activity carried out by ZERO through the Website comprises:

Textile products handmade in India.

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 cookies policy, and the privacy and data protection policy. By using this Website or by making and/or requesting the purchase of a product and/or service through this Website, the User consents to be bound by these Conditions and by all of the foregoing, and therefore, if he/she does not agree with all of the foregoing, he/she should not use this Website.

It is also reported that these Conditions may be modified. The User is responsible for consulting them each time he or she accesses, navigates and/or uses the Web Site 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 you may contact the holder using the contact details provided above or, where appropriate, using the contact form.

II. USER

Access, browsing and use of the Web Site confers the condition of user (hereinafter referred to indistinctly, individually as a User or jointly as Users), for which reason all the Conditions established herein, as well as their subsequent modifications, are accepted from the moment navigation of the Web Site begins, without prejudice to the application of the corresponding legal regulations that must be complied with as the case may be.

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

  • Use this Web Site only for legally valid inquiries and purchases or acquisitions.
  • Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be voided and reported to the appropriate authorities.
  • Provide true and lawful contact details, e.g. email address, postal address and/or other data (see Legal Notice and General Conditions of Use).

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

The Web Site is intended primarily for Users residing in Spain. ZERO does not guarantee that the Website complies with the legislation of other countries, either totally or partially. ZERO disclaims all liability that may arise from such access, nor does it guarantee deliveries or the provision of services outside Spain.

The User will be able to formalize, at his choice, with ZERO the contract of sale of the products and/or services desired in any of the languages in which the present Conditions are available in this Web Site.

III. PURCHASE OR ACQUISITION PROCESS

Duly registered Users may purchase from the Website by the established means and means. They must follow the procedure of purchase and/or online purchase of www.movimientozero.com, during which several products and / or services can be selected and added to the cart, basket or final space of purchase and finally click on «Add to cart and Checkout».

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

Next, the User will receive an e-mail confirming that ZERO has received your order or purchase request and/or service provision, that is to say, the confirmation of the order. And, where applicable, you will also be informed by e-mail when your purchase is being sent. Where appropriate, this information could also be made available to the User through his personal space of connection to the Website.

Once the purchase procedure has concluded, the User consents to the Web Site generating an electronic invoice that may be requested by the User via e-mail. Likewise, the User may, if he so wishes, obtain a copy of his paper invoice by requesting it from ZERO using the contact spaces on the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question and which are shown together with the presentation or, where applicable, image of the latter on the Web Site page, indicating, by way of illustration, but not exhaustive, and on a case-by-case basis: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and recognises that the placing of the purchase order or purchase materialises the full and complete acceptance of the particular sales conditions applicable to each case.

The communications, purchase orders and payments made during the transactions carried out on the Website may be archived and kept in ZERO’s computerised registers in order to constitute a means of proof of the transactions, in any case, in compliance with reasonable security conditions and the laws and regulations in force that apply in this respect, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD) and on the rights of Users under the privacy policy of this Website.

VI. AVAILABILITY

All purchase orders received by ZERO through the Website are subject to the availability of the products and/or to any circumstance or cause of force majeure (clause nine of these Conditions) affecting the supply of the same and/or the provision of services. In the event of difficulties in the supply of products or products not remaining in stock, ZERO undertakes to contact the User and reimburse any amount that may have been paid for.

Not having available stock of the product offered for www.movimientozero.com. will not entail any type of damage or compensation. The customer always has the ability to make a consultation prior to purchase on the stock before placing the order using the email [email protected], the contact form or live chat if available.

V. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless, by legal requirement, especially in relation to VAT, otherwise stated and applied.

Shipping costs are included in the final prices of the products as shown on the Website. Thus, ZERO carries out delivery and/or shipping services through: KOIKI HOME S.L. If the order is placed outside the Iberian Peninsula, payment of the shipping cost will be required, which will appear at the end of the purchase process.

In no case will the Web Site add additional costs to the price of a product or a 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 for which the User has already received an order confirmation.

Accepted means of payment will be: Credit or debit card.

ZERO uses all means to ensure the confidentiality and security of 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 authorisations by the issuing bank, if the issuing bank does not authorise payment, ZERO will not be liable for any delay or non-delivery and will not be able to enter into any contract with the User.

In any case, by clicking on «Add to Cart and Finish Order» the User confirms that the payment method used is his/her own.

VI. DELIVERY

In the cases in which it is necessary to make the physical delivery of the contracted good, the deliveries will be carried out in the following territory: Europe.

Except in those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the time specified on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of order confirmation.

If, for any reason attributable to ZERO, it is unable to comply with the delivery date, ZERO will contact the User to inform him/her of this circumstance and the User may choose to proceed with the purchase by establishing 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 and how to make it to be delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact ZERO 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 a reason not attributable to ZERO, ZERO shall understand that the User wishes to withdraw from the contract and it shall be considered resolved. As a consequence of the termination of the contract, all payments received from the User shall be returned to the User, with the exception of additional expenses resulting from the User’s own choice of a delivery method different from the least costly method 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 on which 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 shall be understood that delivery has taken place 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 shall be evidenced by signing 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 time of delivery. The User acquires ownership of the products when ZERO 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 full receipt of the amount paid by ZERO.

In accordance with the provisions of Law 88/1330 on Value Added Tax (VAT), purchase orders for delivery and/or services shall be understood to be located in the territory of application of Spanish VAT 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 any given time depending on the specific article in question.

VII. TECHNICAL METHODS FOR CORRECTING ERRORS

The User is informed that in the event that he or she detects that an error has occurred when entering data necessary to process his or her purchase request on the Website, he or she may modify such data by contacting ZERO through the contact spaces provided on the Website, and, where applicable, through those provided to contact customer service, and/or by using the contact data provided in the first clause (General Information).

In any case, the User, before clicking on «Add to cart and Finish Order», has access to the space, cart, or basket where they are noting their purchase requests and can make changes.

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain further information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data (RGPD).

VIII. RETURNS

In the cases in which the User acquired products in or through the Web Site of the holder, a series of rights assist him, as they are enumerated and described next:

Right of Withdrawal

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

This withdrawal period shall expire on the 14th calendar day of the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the goods acquired on the ZERO Website or in the event that the goods making up his order are delivered separately, on the 14th calendar day of the day on which the User or a third party authorised by the User, other than the carrier, acquired material possession of the last of those goods making up the same purchase order, or in the case of a service contract, on the 14th calendar day from the day of the conclusion of the purchase order, or in the case of a service contract, on the 14th calendar day from the day of the conclusion of the contract.

In order to exercise this right of withdrawal, the User must notify ZERO of his or her decision. He or she may do so, as the case may be, through the contact spaces provided on the Website or through:

ASOCIACIÓN JUNIOR EMPRESA WIMADD

CALLE DUQUE DE ALBA, 15 – 1º

28012, MADRID

Tel. 622231599

Email: [email protected]

The User, regardless of the means he or she chooses to communicate his or her decision, must clearly and unequivocally state that it is his or her intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that ZERO makes available as an annex to these Conditions, however, its use is not mandatory.

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

In the event of withdrawal, ZERO shall reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a different mode of delivery than the least costly mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which ZERO is informed of the decision to withdraw by the User.

ZERO 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, ZERP may withhold such refund until it has received the products or items from the purchase, or until the User provides proof of the return of the same, depending on which condition is met first.

The User may return or send the products to ZERO at:

ASOCIACIÓN JUNIOR EMPRESA WIMADD
CALLE DUQUE DE ALBA, 15 – 1º

28012, MADRID

Tel. 622231599

Email: [email protected]

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

The User acknowledges that it shall bear the direct cost of return (transport, delivery) of the goods, should any be incurred. In addition, will be responsible for the decrease in value of the products resulting from a handling other than that necessary to establish the nature, characteristics and functioning 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 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In the same sense, the provision of a service that the User may contract on this Web Site is governed by this same Law, as it establishes that the right of withdrawal shall not apply to Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgement on their part that they are aware that, once the contract has been completely executed by ZERO, 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 same, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

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

In the following link you can download the Withdrawal Form Model:

https://movimientozero.com/wp-content/uploads/2018/06/FORMULARIO-DESISTIMIENTO-ZERO.pdf

Return of defective 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 that stipulated in the contract or purchase order, and that, therefore, he should contact ZERO immediately and let it know the existing non-conformity (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 on how to proceed to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, whether the refund or, if appropriate, the replacement of the same.

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

The amount paid for those products that are returned because of a defect, when it really exists, will be reimbursed in full, including delivery costs and costs that may have incurred the user 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, will always be to the rights recognized in the legislation in force at any time for the User, as consumer and user.

Warranties

The User, as consumer and user, enjoys guarantees on the products that may be acquired through this Website, in the terms legally established for each type of product, and ZERO is therefore liable for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by ZERO and possess the qualities presented therein; they are suitable for the uses to which the products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that they are fundamentally expected from the same. 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 delivery. However, some of the products marketed on the Web Site may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User acquires on the Website a product of a brand or manufactured by a third party. In this case, and considering the User that it 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 its legal warranty right directly against them during the two years following delivery of such products. To this end, the User must have kept all information regarding the guarantee of the products.

IX. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, ZERO shall not accept any liability for the following losses, irrespective of their origin:

  • any losses that were not attributable to any default on your part;
  • business losses (including loss of profit, income, contracts, anticipated 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 was entered into between both parties.

ZERO also limits its liability in the following cases:

  • ZERO applies all measures concerning the provision of a faithful visualisation of the product on the Web Site, however, ZERO shall not be liable for any minor differences or inaccuracies that may exist due to a lack of screen resolution, or problems with the browser used or other problems of this nature.
  • ZERO shall 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, is not responsible for damages arising from a malfunction of transport, especially due to causes such as strikes, roadblocks, and generally any other own sector, resulting in delays, losses or theft of the product.
  • Technical failures which, 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 that prevent the service from being available. ZERO puts all the means at its disposal for the purpose of carrying out the process of purchase, payment and shipment/delivery of the products, however, is exempt from liability for causes that are not attributable to it, fortuitous case or force majeure.
  • ZERO shall not be liable for the misuse and/or wear and tear of products that have been used by the User. At the same time, ZERO shall not be liable for any erroneous return made by the User. It is the User’s responsibility to return the correct product.
  • In general, ZERO shall not be liable for any failure or delay in the performance of any of the obligations assumed, when the same is due to events beyond its reasonable control, that is, due to force majeure, and this may include, by way of example, but not exhaustive:
    • Strikes, lockouts or other vindictive measures.
    • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
    • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
    • Inability to use trains, boats, airplanes, motor transport or other means of transport, public or private.
    • Impossibility of using 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 during the period in which the cause of force majeure continues, and ZERO will have an extension in the term to comply with them for a period of time equal to the duration of the cause of force majeure. ZERO shall use all reasonable means to find a solution that will enable it to comply with its obligations in spite of the force majeure cause.

X. WRITTEN COMMUNICATIONS AND NOTICES

By using this Web Site, the User accepts that most communications with ZERO are electronic (electronic mail or notices published on the Web Site).

For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications sent electronically by ZERO comply with the legal requirements of being in writing. This condition shall not affect the rights granted by law to the User.

The User may send notifications and/or communicate with ZERO through the contact details provided in these Conditions and, where applicable, through the contact spaces of the Web Site.

Likewise, unless otherwise stipulated, ZERO may contact and/or notify the User by e-mail or at the postal address provided.

XI. RENUNCIATION

No waiver by ZERO of any right or specific legal action or lack of requirement by ZERO of strict compliance by the User with any of its obligations shall imply any waiver of other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.

No waiver by ZERO of any of these Conditions or of any rights or actions arising from a contract shall be effective unless expressly stated to be a waiver and formalized and communicated to the User in writing.

XII. NULLITY

If any of these Conditions are declared null and void by a final resolution issued by a competent authority, the rest of the clauses shall remain in force and shall not be affected by such declaration of nullity.

XIII. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and ZERO in relation to the object of the sale and replace any other prior agreement, agreement or promise made verbally or in writing by the same parties.

The User and ZERO 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 that which is expressly mentioned in these Conditions.

XIV. DATA PROTECTION

The information or personal data that the User provides to ZERO 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 applicable, 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.

XV. APPLICABLE LAW AND JURISDICTION

The access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

Any controversy, problem or disagreement arising from or related to access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between ZERO and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

XVI.  COMPLAINTS AND CLAIMS

Users may send ZERO their complaints, claims or any other comments they wish to make through the contact details provided at the beginning of these Conditions.

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

Likewise, if the conclusion of this purchase contract between ZERO and the User gives rise to a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC.

This method can be accessed via the following website: http://ec.europa.eu/consumers/odr.

Last modified: 3 June 2018