General conditions

Ownership of this website https://evacaravan.com/ , (hereinafter Website) is owned by: ADD SICMAP SL , with NIF: B-62145974 , and whose contact details are:

Address: C/ Vía Sèrgia, Nº92, 08302 - Mataró (Barcelona)

Contact phone number: 937903526

Contact email: support@evacaravan.com

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

For the purposes of these Terms, the activity that Eva Caravan developed through the Website includes:

Marketing and distribution of accessories and spare parts for caravans and motorhomes.

In addition to reading these Terms and Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of Eva Caravan . By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above mentioned, so if you do not agree with all of it, you should not use this Website.

Furthermore, please note that these Terms and Conditions may be modified. The User is responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time of purchase of products and/or services will apply.

For any questions the User may have regarding the Terms and Conditions, they can contact the owner using the contact details provided above or, if applicable, using the contact form.

2. THE USER

Accessing, browsing and using the Website confers the status of user (hereinafter referred to individually as User or collectively as Users), and therefore, from the moment browsing the Website begins, all the Conditions established herein are accepted, as well as their subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the proper use of the Website. This responsibility extends to:

• Use this Website only to make legally valid inquiries and purchases or acquisitions.

• Do not make any false or fraudulent purchases. If a purchase is reasonably suspected of being of this nature, it may be cancelled and the relevant authorities will be notified.

• Provide truthful and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Terms 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 residing in Spain. Eva Caravan does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Eva Caravan declines all responsibility that may arise from such access, and does not guarantee shipments or provision of services outside of Spain.

The User may, at their option, formalize with Eva Caravan the purchase agreement for the desired products and/or services in any of the languages ​​in which these Terms are available on this Website.

3. PURCHASE OR ACQUISITION PROCESS

The Users duly registered They can purchase on the Website through the established means and methods. They must follow the online purchase and/or acquisition procedure of https://evacaravan.com/ , during which various products and/or services can be selected and added to the shopping cart, basket or final purchase area and, finally, click on: " Pay now "

Likewise, 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 can be modified.

The User will then receive an email confirming that Eva Caravan We have received your order or purchase request and/or service request, that is, the order confirmation. And, if applicable, you will also be notified by email when your purchase is being shipped. In this case, this information could also be made available to the User through their personal connection space on the Website.

Once the purchase process has concluded, the User consents to the Website generating an electronic invoice that will be sent to the User via email. and, where applicable, through their personal account on the Website . The User may also, if desired, obtain a paper copy of their invoice by requesting it from Eva Caravan 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 that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and according to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and/or cost of the services; and acknowledges that the making of the purchase order or acquisition materializes the full and complete acceptance of the specific sales conditions applicable to each case.

Unless expressly stated otherwise, Eva Caravan is not the manufacturer of the products sold or that may be sold on the Website. Although Eva Caravan While every effort is made to ensure the information displayed on the Website is correct, occasionally the packaging, materials, and/or components of the products may contain additional or different information than that shown on the Website. Therefore, the User should consider not only the information provided by the Website, but also the information available on the labeling, warnings, and/or instructions accompanying the product.

4. AVAILABILITY

All purchase orders received by Eva Caravan Orders placed through the Website are subject to product availability and/or the absence of any circumstance or force majeure event (clause nine of these Terms and Conditions) affecting the supply of products and/or the provision of services. Should any difficulties arise regarding product supply or if products are out of stock, Eva Caravan The company undertakes to contact the User and refund any amount that may have been paid. This will also apply in cases where the provision of a service becomes impossible.

5. PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise required by law, especially regarding VAT.

Shipping costs are included in the final product prices as displayed on the Website. Therefore, Eva Caravan It performs delivery and/or shipping services through: NTL Trans, DB Schenker, GLS, CBL Logistics .

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 any changes will not affect orders or purchases that the User has already made. received an order confirmation .

The accepted payment methods will be: Credit or debit card, PayPal, and bank transfer

Eva Caravan We use all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL (Secure Socket Layer) payment system.

Credit cards will be subject to checks and authorizations by the issuing bank; if the bank does not authorize the payment, Eva Caravan will not be responsible for any delay or failure to deliver and will not be able to enter into any contract with the User.

Once Eva Caravan Upon receiving a purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged when the User receives the shipping confirmation and/or confirmation of the service provided, in the manner and, where applicable, at the location specified.

If the payment method is PayPal, the charge will be made at the time that Eva Caravan send a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on " Pay now " the User confirms that the payment method used is their own.

Purchase orders where the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by Eva Caravan for the Website. When the system receives the transfer, the order will be prepared and processed for shipment.

With 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 transfer reference. In case of error, Eva Caravan The order will not be validated and will be cancelled.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla)

Except in cases of unforeseen or extraordinary circumstances or those arising from product customization, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period 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 order confirmation.

If for any reason attributable to him, Eva Caravan If we are unable to meet the delivery date, we will contact you to inform you of this. You may then choose to proceed with the purchase by setting a new delivery date or cancel the order for a full refund. In any case, home deliveries are made on business days.

If delivery of the order proves impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notification explaining the order's location and how to arrange for redelivery.

If the User will not be at the delivery location during the agreed time slot, they must contact Eva Caravan to arrange delivery on another day.

If 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to us Eva Caravan , Eva Caravan It will be understood that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be refunded, with the exception of any additional costs resulting from the User's choice of a delivery method other than the least expensive standard delivery option offered by the Website, without undue delay and, in any event, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

However, the User should be aware that the transport resulting from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Terms, delivery shall be deemed to have taken place or the order to have been delivered when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signature of receipt of the order at the agreed delivery address.

The risks associated with the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Eva Caravan receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this takes place after the full amount to be paid has been received. Eva Caravan .

In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or provision of services will be considered to be located within the Spanish VAT territory if the delivery address is in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally established rate in force at any given time, depending on the specific item in question.

For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT pursuant to 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 should be aware that in these territories, customs duties and taxes may be levied and payable upon delivery, in accordance with current regulations, and that these may be the User's responsibility.

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is informed that if they detect an error in the data entered to process their purchase request on the Website, they can modify it by contacting Eva Caravan through the contact options available on the Website, and, where applicable, through those available to contact customer service, and/or using the contact information provided in clause one (General Information). This information may also be corrected by the User through their personal account on the Website.

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

Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, 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 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and in Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights.

8. RETURNS

In cases where the User acquires 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 a period of 14 calendar days without needing to provide justification.

This withdrawal period will expire 14 calendar days from the day on which the User or a third party authorized by the User, other than the carrier, acquired physical possession of the goods purchased on the Website of Eva Caravan or if the goods that make up your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired physical 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 their decision to Eva Caravan . You may do so, if applicable, through the contact options available on the Website.

Regardless of the method chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Eva Caravan It is made available to you as an attached part to these Terms, however, its use is not mandatory.

To meet the withdrawal deadline, it is sufficient that the communication clearly expressing the decision to withdraw is sent before the corresponding deadline expires.

In case of withdrawal, Eva Caravan will reimburse the User for all payments received, including shipping costs (with the exception of any additional costs incurred by the User for choosing a shipping method other than the least expensive option offered on the Website) without undue delay and, in any event, no later than 14 calendar days from the date on which Eva Caravan is informed of the User's decision to withdraw.

Eva Caravan The User will be reimbursed using the same payment method used for the initial purchase transaction. This reimbursement will not incur any additional costs for the User. However, Eva Caravan We may withhold such refund until we have received the products or items from the purchase, or until the User provides proof of their return, whichever occurs first.

The User can return or send the products to Eva Caravan in: C/ Vía Sèrgia, Nº92, 08302 - Mataró (Barcelona)

And it must do so without undue delay and, in any event, no later than 14 calendar days from the date on which Eva Caravan He was informed of the withdrawal decision.

The User acknowledges that they will be responsible for the direct costs of returning the goods (shipping, delivery), if applicable. Furthermore, they will be liable for any diminished value of the products resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not as an exhaustive list, this would include: personalized products; products that may deteriorate or expire rapidly; CDs/DVDs of music or video without their original factory seal; and products that, for reasons of hygiene or health, are sealed and have been unsealed after delivery.

The provision of any service that the User may contract on this Website is governed in the same way, since this same Law establishes that the Right of withdrawal will not apply to Users when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgment that they are aware that, once the contract has been fully executed by Eva Caravan will have lost her right of withdrawal.

In any case, no refund will be given if the product has been used beyond simply opening it, if the products are not in the same condition as when they were delivered, or if they have suffered any damage after delivery.

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

The withdrawal form template can be downloaded from the following link: http://evacaravan.com/pages/contacto

Return of defective products or shipping error

This refers to 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 Eva Caravan immediately and inform them of the existing nonconformity (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 time, whether a refund or, if applicable, a replacement is warranted.

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 you an email confirming that the refund or replacement of the non-conforming item is due.

The full amount paid for any products returned due to a defect, when such a defect is confirmed, will be refunded, including delivery charges and any costs incurred by the User in making the return. The refund will be issued via the same payment method used for the original purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be respected.

Guarantees

The User, as a consumer and user, enjoys guarantees on the products that he or she may acquire through this Website, under the terms legally established for each type of product, and is responsible Eva Caravan , therefore, for any lack of conformity that becomes apparent within two years of delivery of the product.

In this sense, products are considered to conform to the contract provided that they: match the description provided by Eva Caravan and possess the qualities presented therein; be suitable for the uses to which products of the same type are ordinarily put; and exhibit the usual quality and performance of a product of the same type and which are fundamentally expected of it. 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 shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics, provided that these derive from the type of material from 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 is possible that the User may purchase a product on the Website that is manufactured by a third party or brand. In this case, if the User believes the product to be defective, they may contact the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly with them for two years following delivery. To do so, the User must have retained all information related to the product warranty.

9. EXEMPTION FROM LIABILITY

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

• any losses that were not attributable to any breach on their part;

• Business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or unnecessary expenses incurred); or of

• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.

Likewise, Eva Caravan It also limits its liability in the following cases:

• Eva Caravan We take all necessary measures to provide a true-to-life visual representation of the product on the Website; however, we are not responsible for minor differences or inaccuracies that may exist due to screen resolution, browser issues, or other similar problems.

• Eva Caravan We will act with the utmost diligence to make the product available to the company responsible for its transport. However, we are not liable for damages resulting from transport malfunctions, especially those caused by strikes, road closures, or any other issues inherent to the sector, that may lead to delays, losses, or theft of the product.

• Technical failures that, due to unforeseen circumstances or other reasons, prevent the normal operation of the service via the internet. Lack of availability of the Website due to maintenance or other reasons that prevent access to the service. Eva Caravan It uses all means at its disposal to carry out the purchase, payment and shipping/delivery of the products, however it is exempt from liability for causes that are not attributable to it, fortuitous event or force majeure.

• Eva Caravan It will not be responsible for the misuse and/or wear and tear of products used by the User. At the same time, Eva Caravan The company will also not be responsible for incorrect returns made by the user. It is the user's responsibility to return the correct product.

• In general, Eva Caravan It will not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, which may include, but is not limited to:

• Strikes, lockouts or other protest measures.

• Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.

• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.

• Inability to use trains, ships, airplanes, motor transport 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 force majeure event continues, and Eva Caravan will have an extension of the deadline to comply with them for a period of time equal to the duration of the force majeure event. Eva Caravan It will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most communications with Eva Caravan whether electronic (email or notices posted on the Website).

For contractual purposes, the User consents to the use of this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Eva Caravan Submissions sent electronically do not comply with the legal requirement of being in writing. This condition will not affect the User's statutory rights.

The User can send notifications and/or communicate with Eva Caravan through the contact details provided in these Terms and Conditions and, where applicable, through the contact areas of the Website.

Similarly, unless otherwise stipulated, Eva Caravan You may contact and/or notify the User at their email address or at the postal address provided.

11. RESIGNATION

No resignation Eva Caravan to a specific right or legal action or the lack of a requirement by Eva Caravan The User's strict compliance with any of his obligations shall not imply a waiver of other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with his obligations.

No resignation Eva Caravan Any waiver of any of these Terms or of any rights or actions arising from a contract will be effective unless it is expressly stated to be 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 remaining clauses will remain in force, without being affected by said declaration of nullity.

13. COMPLETE AGREEMENT

These Terms and Conditions and any document expressly referenced herein constitute the entire agreement between the User and Eva Caravan in relation to the subject matter of the sale and purchase and supersede any other prior agreement, covenant or promise made orally or in writing by the same parties.

The User and Eva Caravan They acknowledge having entered into a contract without relying on any statement or promise made by the other party, except as expressly stated in these Terms and Conditions.

14. DATA PROTECTION

The personal information or data that the User provides to Eva Caravan During a transaction on the Website, your personal data will be processed in accordance with the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, you consent to the processing of this information and data and declare that all information or data you provide is truthful.

15. APPLICABLE LAW AND JURISDICTION

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

Any controversy, problem or disagreement arising out of or relating to access, browsing and/or use of the Website, or to the interpretation and execution of these Terms, or to sales contracts between Eva Caravan and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

16. COMPLAINTS AND CLAIMS

The User can send to Eva Caravan your complaints, claims or any other comments you wish to make can be sent through the contact details provided at the beginning of these Terms (General Information).

Besides, Eva Caravan It has official complaint forms available for consumers and users, which they can request from Eva Caravan at any time, using the contact details provided at the beginning of these Terms (General Information).

Likewise, if from the celebration of this purchase agreement between Eva Caravan Should a dispute arise between the User and the consumer, the User may request an out-of-court dispute resolution procedure in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC. This procedure can be accessed via the following website: https://ec.europa.eu/consumers/odr/.

This General Terms and Conditions of Purchase document was created using the generator of template for general terms and conditions of purchase online on 15/06/2022.