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Terms of Use and Conditions

AGREEMENT OF SALE AND PURCHASE
IN LE PRESENT ONLINE SHOP
this agreement is a proposal (offer) made by LENOE S.L.U., located at Сalle Juli Garreta, 8, 17250 Platja d´Aro, Girona, Spain, registration No., tax ID No. and VAT taxpayer No. ESB12328647, hereafter referred to as the Seller, to the Buyer that is a legal entity or an individual, and specifies the procedure for purchase of goods through the Seller's online shop on the following terms:

1. GENERAL PROVISIONS

1.1. These terms of sale govern the procedure for the offer and sale of goods in the online shop at www.lepresent.es.
1.2. The goods on www.lepresent.es are owned by the Seller and are intended for distance selling through the Internet solely to end users.
1.3. Each Buyer shall receive a hard copy of an extract from this agreement as part of commercial documents (or, at the Buyer's option, it may be handed over to them in the Seller's office).

2. SELLER'S TERMS

2.1. In order to place an order, the Buyer shall make sure that all information submitted by them is ultimately accurate, and shall bear personal responsibility to ensure that no claims are filed by third parties.
2.2. The use of the web resources of the shop for the review and selection of the goods as well as placement of the order are offered to the Buyer free of charge.

3. CONCLUSION OF THE AGREEMENT

3.1. The Buyer may complete an order at the website of the online shop themselves or use the services of a manager at the phone numbers shown on the website, in accordance with the provisions hereof.
3.2. While placing an order in the online shop, the Buyer shall provide the following information: name and surname (for individuals) or full company name (for legal entities) of the Buyer of the goods; delivery address (or indicate that they want to pick the order up themselves directly at the Seller's warehouse); the Buyer's email.
3.3. When an individual or a legal entity accepts the terms hereof and acknowledges their acceptance of the proposal, they become the Buyer.
3.4. The fact of payment of the order in the amount and in accordance with the terms hereof shall be deemed as the acceptance of the proposal. Acceptance of the proposal regarding the purchase of goods shall be deemed both as a direct permit to have the Buyer's credit standing verified and, as required, to have the Buyer's personal data transferred by LENOE S.L.U. to third parties or have them received by third parties. including, without limitation, verification of their personal data, validity of the credit card/the fact of payment, initial verification of the credit card/the fact of payment and securing a permit to carry out purchase operations. The Buyer shall permit the Seller to use their personal data in order to verify them for the purpose of fraud prevention. The personal data may be transmitted to a credit bureau or fraud management bodies, with due account of the data contained in the retained copies of invoices completed for the purpose of performance hereunder.

4. INFORMATION ABOUT THE GOODS

4.1. The Seller is not engaged in sale of second-hand or defective goods where the quality of the goods does not comply with the requirements of the international market of similar goods.
4.2. All information resources of the online shop are for reference only and may contain incomplete information about the properties or characteristics of goods, including color, size or form. If one has questions regarding the properties or characteristics of the goods one should prior to placement of an order contact the Seller at the phone number as shown in the website and ask for clarification of the information on the goods that the Buyer is interested in.
4.3. At the request of the Buyer, a manager of the Online Shop shall provide (by phone or email) any additional information as required by the Buyer to enable the Buyer to make a decision regarding the purchase of the goods.

5. PURCHASE PROCEDURE

5.1. The Buyer may place an order by calling the phone numbers shown on the website or place an order themselves at the website of the online shop.
5.2. A tax invoice shall only be issued once the Buyer completes the form on the website, or once the manager of the online shop accepts the order.
5.3. Once the order is placed, the Seller shall issue to the Buyer's email the respective confirmation regarding the acceptance of the order, and a tax invoice indicating the description and the full price of the order, which is an integral part hereof. The payment of the invoice by the Buyer shall be deemed as the acknowledgment by the Buyer of the correctness of completion of the order.
5.4. If any goods that the Buyer orders are unavailable, the Buyer may select other goods instead or cancel the order.
5.5. The delivery time as indicated in Delivery section is counted in business days starting from the order placement date.

6. COST OF THE GOODS

6.1. The cost of the goods in the online shop is shown in Euro (€) per piece.
6.2. The cost shown on the website may be changed unilaterally.
The cost of paid goods cannot be changed.
6.3. The total order value includes the catalog cost of the goods and the cost of delivery if provided in the delivery method selected by the Buyer.

7. PAYMENT

7.1. The payment procedure is described on the website on Payment page. If required, the payment form and due date may be negotiated by the Buyer and a manager of the online shop.
7.2. The Buyer shall pay the order in any form as suggested by the online shop.
7.3. Wire transfer shall be effected within three business days and in accordance with the tax invoice issued. Following the wire transfer, the payment obligation of the Buyer in respect of the posted price shall be deemed fulfilled upon the day when the respective amount is credited on the account as advised by the Seller.
7.4. All payments and fees as agreed by the parties shall be made in Euro (€).
7.5. The Buyer that makes a purchase in a country where DDP applies shall pay the customs duties and taxes. These costs are included into the final purchase cost.
DHL or a customs officer shall issue a tax invoice regarding the payment of customs duties or taxes. Prior to making a purchase please contact the customs office close to you and learn about the cost of the goods shipped.
7.6. Buyers making purchases in a country where DDU applies shall only pay the purchase and delivery costs.
7.7. We reserve the right to decline an order in the following cases:
• it is impossible to obtain a permit to pay the items;
• restrictions are imposed on delivery of specific items;
• ordered items are not available;
• the items do not comply with quality standards (and are thus discontinued);
• the Buyer does not meet the legal capacity criteria as set out in the Service Conditions.

8. DELIVERY

8.1. The payment procedure is described on the website on Delivery page. The procedure and terms of payment of any ordered item are a subject of negotiation between the Buyer and a manager of the online shop.
8.2. The cost of shipment of goods under each order is calculated with due account of the weight of all ordered goods, the delivery address and the cost of services of the carrier and shall be paid by the Buyer separately.
8.3. The Buyer shall accept the selected and agreed goods both in terms of quantity and range.
8.4. Upon receipt of the goods, the Buyer shall in presence of the representative of the Seller (or the carrier) check the compliance of the shipping documents and make sure that the shipped goods match the order in terms of names, quantity, quality and integrity of the items.
8.5. Unless the Buyer or the Buyer's representative has no claims regarding the appearance or integrity of the goods upon receipt thereof, they shall acknowledge that they have no claims and sign the waybill to confirm the proper fulfillment of the order.

9. RETURN OF GOODS

9.1. If the Buyer is located in the EU, they may cancel their order in accordance with the procedures and terms of consumer contracts (notice, cancellation and additional payments) as in effect in 2013 (ICACRS) by issuing a written notice to the Seller no later than 7 days upon receipt of the goods, in accordance with cl. 9.2.
9.2. The Buyer may decline any item at any time until and after the delivery of the goods during 7 calendar days upon receipt thereof, and no fine shall apply in such case. At the same time, the Buyer is not obliged to indicate the reason for declining the goods.
9.3. To return goods, the Buyer shall fill out the form which may be found on the website. The time period for filling out the form is 7 days following the receipt of the order.
9.4. The Seller shall receive any goods returned during 30 days following the day when the Buyer receives the order.
9.5. The Buyer may select any carrier to deliver the goods that they return, at their option; the delivery of the above goods shall be at the Buyer's expense.
9.6. The Buyer shall ensure correct filling out of the documents and attach all documents required for customs clearance to the transport package. According to the requirements of the customs services, all documents shall be filled out in the English language to be used by the customs authorities of both the shipping country (for export customs clearance) and the customs authorities of Spain (for import customs clearance). The Seller recommends to the Buyer to contact local customs authorities and/or any carriers selected by them to make sure that the package of documents is compliant with the current requirements. The Seller shall not be held liable for any delay of packages at a customs point due to absence or incompleteness of the shipping documents. Due to this, the Seller insists that the Buyer selected a carrier that provides an option to track the shipment. The Buyer shall make sure that the package is reliably delivered by the selected delivery method during 30 (thirty) days following the receipt of the order by the Buyer.
9.7. The goods that are post-consumer, have wear, washing (drying) track or are damaged, cannot be returned. The goods to be returned shall have identification labels on. Goods shall be returned to the Seller in original packaging.
9.8. The Seller shall immediately initiate the procedure for the return of payment to the Buyer after running the verification to ensure that the Buyer has fully observed the terms and provisions hereof.
9.9. The Seller shall repay the amount paid by the Buyer for the goods and their delivery to the Buyer only where the goods do not match the main characteristics posted, have production defects or have been delivered by mistake.
9.10. Unless the return of the goods is made in accordance with the terms set out above, the Buyer forfeits a right to have a repayment of any amount paid to the Seller, and the Buyer may have the goods returned to them at their own expense and in the same condition as they were when they were sent back to the Seller. Unless the Buyer wants to receive the goods back in the same condition as they were when they were sent back to the Seller, the Seller may keep the goods and not repay the amount paid by the Buyer.
9.11. If the recipient of the goods is not the same entity/individual that is stated in the order and that paid the ordered items, the Seller shall repay the amount paid for the returned items to the entity/person that paid the order.

10. RIGHTS AND OBLIGATIONS OF THE PARTIES. LIABILITY

10.1. The Seller reserves the right not to process any orders that are made in a procedure other than that stated in the operating policies of the Seller.
10.2. The Seller shall reserve the right to only accept orders made by persons of full age.
10.3. The Seller shall:
• observe the terms hereof;
• deliver the goods to the Buyer according to the form selected by the Buyer in the online shop and filled out by the Buyer in respect of the order being placed, provided that the Buyer unconditionally observes the terms and conditions hereof;
• bear full responsibility before the Buyer for the fulfillment of the order up to the day when the order is delivered to the Buyer.
10.4. The Seller shall neither be held liable nor be involved as a defendant in court nor repay any losses incurred by the Buyer due to actions or omissions by third parties.
10.5. The Seller may alter the services terms, and the Buyer shall check the purchase terms in each case prior to making a purchase. The Seller shall in its turn notify the Buyer of any alterations or amendments to be made to the agreement. Unless the Buyer agrees with the alterations or amendments to be made to the agreement, they shall not continue to use the website. Where the agreement is altered or amended after any order placed has been processed, the new terms or procedures shall not apply to such order, except where the application of such alterations or amendments is required by virtue of the applicable laws of Spain. In such case, the applicability of the above alterations or amendments shall be confirmed by a reference to the respective official act.
10.6. The Buyer may place an order for any item available in the online shop.
10.7. The Buyer shall:
• place orders in the online shop in strict compliance with section 3 hereof;
• timely pay and accept an order placed in accordance with the applicable terms hereof and in accordance with cl. 8.3 hereof.
10.8. The Parties shall be liable for a failure to perform or improper performance of the obligations hereunder pursuant to the applicable laws of Spain.
10.9. The Seller shall not be held liable for any loss incurred by the Buyer as a result of improper use of the goods ordered in the online shop.
10.10. In case of force majeure the parties shall be released from liability for failure to perform or improper fulfillment of the obligations arising out of this agreement for the duration of such force majeure event.

FORCE MAJEURE

1. In case of force majeure confirmed by the respective documentation which prevents full or partial fulfillment of obligations by either party hereto, for example, fire, acts of God, war, blockade, bans on export/import or other circumstances beyond the parties' control, the period for the performance of the obligations shall be extended for the duration of such circumstances.
2. If the force majeure lasts for more than three months, each party may declare this agreement void, and in this case the parties may not require indemnity of any losses incurred by them.
3. A party that is unable to perform its obligations hereunder due to force majeure shall immediately notify the other party of the commencement and termination of the circumstances that prevent it from performance of the contractual obligations. The party that fails to notify the other party of the commencement of such circumstances forfeits the right to refer to them as the grounds for the release of liability arising from this agreement.
4. A certificate issued by a competent authority or body of Spain shall serve as the sufficient proof of the commencement or termination of such circumstances.

11. CONFIDENTIALITY

The information regarding the processing of the personal data of the Buyer, as in effect in the Seller's company, can be found on Procedure and Terms of Use webpage.

12. FINAL PROVISIONS

12.1. If you have any questions or claims please contact the Service Centre of the online shop by email at info@lepresent.es.
12.2. This agreement shall come into effect once the Buyer accepts this proposal and shall continue in effect until both parties have fulfilled all provisions contained herein.
12.3. Any and all disputes or controversies which may arise under this agreement or in connection with it shall be resolved by negotiations. If the parties fail to resolve such disputes or controversies, they shall go to court to have their interests protected.
12.4. The Seller reserves the right to extend or reduce the range or quantity of goods on its website, restrict access to purchase of any item, or suspend or stop selling any item at its option.

13. LEGAL ADDRESS AND BANK DETAILS OF THE SELLER

Сalle Juli Garreta, 8, 17250 Platja d´Aro, Girona, Spain, registration No., tax ID No. and VAT taxpayer No. ESB12328647.