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TERMS & CONDITIONS
These General Terms and Conditions (hereinafter, the "Terms and Conditions") shall regulate and apply to the navigation of the web page www.chimmychurry.eu (owned by ECOVISTA S.A.) and all the acts that may be conducted by virtue of the use thereof.
1. Acceptance of the Terms and Conditions
The navigation and use of the web page www.chimmychurry.es (hereinafter, the “WEBSITE”) imply knowledge and acceptance of the terms and conditions. In case of disagreement, the User shall refrain from using the Website and/or the services offered therein. "User" of the Website shall mean both registered users and visitors.
The Terms and Conditions may be substituted or suffer modifications at any time and at the sole discretion of ECOVISTA S.A., and the Users’ consent shall not be required. The transactions that were initiated prior to those modifications shall be governed by the conditions in force at that time, unless the new modifications are more convenient for the User.
ECOVISTA S.A. shall post a notice in the Website warning the Users of these changes during a reasonable period of time. Notwithstanding the above, the Users are responsible for reading these Terms and Conditions every time they visit the Website to check whether they have suffered modifications.
3. Interruption of the Service: Disclaimer
ECOVISTA S.A. reserves the right to interrupt, suspend or modify the services offered in this Website at any time, whether permanently or temporarily, without requiring the Users’ acceptance or any advance notice whatsoever. ACCESS TO THE WEBSITE SHALL NOT BE GUARANTEED BY ECOVISTA S.A. Notwithstanding the above, if said suspension or interruption is not caused by reasons of force majeure or act of God, CC Group S.A. shall provide the services that may be pending at the moment of the suspension or interruption.
ECOVISTA S.A. shall not guarantee that the Website is virus free, OR free of any other element that may damage or alter the normal operation of a computer. It shall be the User´s sole responsibility and obligation to have the proper tools to detect, clean and/or prevent any type of elements and/or possible damages of this nature.
REGISTRATION IS FREE OF COST AND MANDATORY IN ORDER TO HAVE ACCESS TO THE SERVICES OFFERED IN THE WEBSITE. It is mandatory to complete all the fields in the form with valid and true data, in a precise and accurate manner. For a correct operation of the system, the Users need to maintain their data updated. ECOVISTA S.A. may proceed to verify the User’s identity and/or the data entered. ECOVISTA S.A. shall not be responsible for the veracity or accuracy of the data provided by the Users. Furthermore, ECOVISTA S.A. reserves the right to temporarily or permanently suspend the Users in the event of noncompliance with the Terms and Conditions, as well as to reject applications. The Users shall have access to their Personal Account (the "Account") with a User name and personal password of their choice. In the event that the User forgets these data, ECOVISTA S.A. has a service to help the User recover that information.
THE USER NAME AND PASSWORD ARE PROVIDED BY EACH USER AND THEY SHALL BE RESPONSIBLE FOR THEIR USE AND TRANSMISSION, BEARING THE CONSEQUENCES OF THEIR DISSEMINATION.
5. Personal Data
IN ORDER TO REQUEST THE SERVICES OFFERED IN THE WEBSITE, THE USERS MUST PROVIDE CERTAIN PERSONAL DATA (full name, address, email address, ID) WHICH WILL BE STORED IN A PROTECTED DATA BASE IN ACCORDANCE WITH THE LAWS IN FORCE.
The data referring to credit cards are encrypted, in order to ensure their absolute confidentiality and to prevent them from being seen by other people. By registering in the Website and being part of the General Customer Base, the Users accept that ECOVISTA S.A. may contact them by mail, telephone or electronic means to send information that the Company considers, at its sole discretion, to be of interest to them, including advertising and information on sales and promotions. If the Users do not wish to be contacted for these purposes, they may indicate this to ECOVISTA S.A., who will then interrupt this type of communications as soon as possible.
The Website may use a tracking system through "cookies", so that the access to information, when browsing from page to page, may be done in a faster manner. It also helps in some cases to identify Users, without having to request the access password repeatedly.
These cookies are small files sent by the visited page that are stored in the computer´s hard drive, occupying limited space.
The Users are informed that by using the options in their browser they may limit or restrict at will the storage of these "cookies", although it is not advisable to restrict them completely.
The system shall be able to collect information on their preferences and interests. In that case, the information shall be used exclusively for statistical purposes to improve the services provided at the Website. ECOVISTA S.A. shall apply, to the largest extent possible, information dissociation procedures to render the owners of the data unidentifiable.
7. Availability of the products offered
THE SALE OF THE PRODUCTS IS SUBJECT TO AVAILABILITY; CONSEQUENTLY, if the product(s) selected is (are) out of stock or delayed, ECOVISTA S.A. shall contact the User and invite him/her to choose one of the following options:
- Continue waiting for the delivery of the product selected (in case of delay);
- Cancel the purchase and reimburse the amount through the original means of payment;
- Choose an alternative product offered by ECOVISTA S.A. for this particular case.
When the User chooses to cancel the purchase, the amount paid shall be reimbursed through the means of payment that was originally selected. If the product was paid in US dollars, the amount shall be reimbursed at the exchange rate that is in effect on the day of the cancellation.
If the User chooses the alternative product offered by ECOVISTA S.A., this product must have the same or better characteristics. In no case shall the User be asked to pay supplementary amounts or to bear the cost of the difference, unless the alternative product offered by ECOVISTA S.A. and selected by the User is largely better and more expensive than the product originally ordered by the User.
IMPORTANT: For the situations contemplated in this section, the User shall have ten days to select one of the options described. If the User does not make a selection, ECOVISTA S.A. shall assume that the User has decided to cancel the purchase and shall proceed to reimbursing the paid amount through the original means of payment.
8. Reimbursement of the paid amount
In the cases mentioned above, when the User has opted to be reimbursed, the User should take into account that the reimbursement may take a few days, due to administrative issues and timelines. When the reimbursement is made through a bank deposit, the holder of the bank account must be the owner of the User Account from where the transaction has been made. If that is not the case, the express authorization of the owner of the User Account shall be required as a necessary condition for the deposit.
The product sales and promotions that are advertised shall be valid from the date indicated and until the date of termination of the special sale. Their terms and conditions shall be communicated at the Website, and shall always be subject to the stock availability of the products offered.
10. Intellectual Property
All the content referring to intellectual and industrial property displayed in this website is legitimate and the reproduction, distribution, dissemination and communication to the public, including their making available modality, of all or part of the content of this web page for commercial purposes by any medium and through any technical means is expressly prohibited. All rights reserved.