GENERAL CONDITIONS OF THE WEBSITE WWW.EKILIKUA.NET
The following general terms and conditions (hereinafter refered as General Terms and Conditions), regulate the
access and use of the Website under the domain name www.ekilikua.net (hereinafter referred as the Website),
owned by "Ekilikua Home, S.L." (hereinafter to as Ekilikua), are available and provided to users (hereinafter
referred to as User/s).
Should you have any doubts or queries as to the use of and access of the Website or these General l Conditions, you
can send an e-mail with your request and contact details to firstname.lastname@example.org. You can also contact us by ordinary
mail, sending your request and contact details to contact details to "Ekilikua Home, S.L.", Avenida del Mediterráneo
86, 03725 Teulada (Alicante).
2.- Conformity with the present General Conditions.
By using the Website,this implies that the User agrees to be bound by all the General Conditions in accordance
with current rules every time the User accesses the Website. Therefore, Should the user not agree with any of the
conditions set forth herein, the User must refrain from using this Website.
Thus the General Conditions must be read carefully each time the User intends to use the Website.
In any case, Ekilikua reserves the right to modify, without prior notification or consent required and at any time,
these General Conditions, as well as the configuration of the Websites, location and any other general or specific
terms or regulations of use ,instructions or notices that may be applicable. Likewise,Ekilikua reserves the right to
suspend, interrupt or stop operating the Website at any time.
By "use of the Website", we mean any User who accesses and browses the Website regardless of whether or not
they fill in the registration forms.
3.- Conditions of Access and Use of the Website and its Contents.
Access to the Website and/or the Contents included therein does not imply any type of guarantee regarding the
suitability of the Website and/or the Contents included therein for the particular or specific purposes of the Users.
Ekilikua may set additional limitations and/or conditions for the use of and/or access to the Website and/or to the
Contents, which must be observed by Users in all cases.
3.1- Accessing and Using the Website.
Except as otherwise provided, the use of the Website shall be free of charge, notwithstanding the connection
charge through the corresponding telecommunications network contracted by the User.
The User acknowledges that he/she is of legal age /over eighteen years of age, and is also aware and voluntarily and
expressly accepts that the use of the Website is carried out in all cases under his/her sole and exclusive
The User agrees to comply with all the General Terms and Conditions, as well as to comply with any special warnings
or additional instructions contained in these General Terms and Conditions referenced on the Website and to
always act in accordance with the law, good customs and the requirements of good faith, using his or her utmost
care, taking into account the nature and consideration of the service he/she enjoys. To this end, he/she shall refrain
from using the Website in any way that may impede, damage or deteriorate the normal operation of the site, the
property or goods or rights of Ekilikua, its suppliers, distributors, other Users or any third party in general.
Specifically, and without this implying any restriction whatsoever to the obligation assumed by the User in in
accordance with the previous section, the User is to use the Website in accordance with this policy:
a) not to post, store or transmit onto the Website, any information or material that is defamatory, libellous, obscene,
threatening, xenophobic, pornographic, in support of terrorism, incites violence, racially or ethnically objectionable,
sex, ideology, religion or any material that could constitute or encouraage conduct that would be considered a
criminal offense ,give rise to civil liability or violate any law the form, public order, fundamental rights, public
freedoms, honour, privacy or the image of third parties and in general current legislation.
b) not to post , store or transmit onto the Website any computer programme, data, virus, code or any other
electronic or physical instrument or device that may cause damage ,hack or interfere with the Websit or its contents
or any of the services, or any of the equipment, systems or networks of Ekilikua, any User, Ekilikua Suppliers or
Distributors or any third party in general, capable of causing any type of alteration or preventing the normal
operation of the same.
c) not to enter, store or transmit onto the Website any content that infringes intellectual or industrial property
regulations or the rights of third parties, or in general any content that does not hold, in accordance with the law,
the right to make it available to any third parties.
3.2- Website contents and Access.
The Contents of the Website are provided for the User with information from both its own and third party sources.
Ekilikua is committed to ensure that the Contents are of the highest possible quality and are reasonably updated,
but does not guarantee the usefulness, accuracy, completeness, relevance and/or timeliness of the Contents.
4-Intellectual and Industrial Property Rights.
These General Conditions do not grant any intellectual or industrial property rights over the Website or any of its
constituent elements, and the User is expressly prohibited from reproducing, transforming, distributing, publicly
communicating, making available, extracting, reusing, resending or using any of them in any way, by any means or
procedure, except in cases where this is legally permitted or authorised by the owner of the corresponding rights.
The User may view and obtain a temporary private copy of the Contents for his or her exclusive personal and private
use on his or her computer systems (software and hardware), provided that this is not for the purpose of carrying
out commercial or professional activities. The User must refrain from obtaining, or attempting to obtain, the
Contents by means or procedures other than those which in each case have been made available or indicated for
this purpose or those which are normally used on the Internet (provided that the latter do not entail a risk of
damage or disablement of the Website). The User must at all times respect at all times all intellectual and industrial
properiatary rights over the Website, owned by Ekilikua or third parties.
4.- Exclusion of Guarantees and Liability.
4.1-Exclusion of Guarantees and Liability for the useof the website/Disclaimers/Limitation of Liabilities
Ekilikua does not make any endorsement ,warranties about the availability and continuity of the operation of the
Website and the services or its Content, or that the content of the Website is up to date, and thus being exempt
from all liabitlty for any possible damages of whatever nature that could arise from such circumstasnces.Ekilikua
will carry out, provided that no circumstances make it impossible or difficult to do so and as soon as it becomes
aware of any errors, disconnections and/or lack of updating of the content, all those tasks aimed at rectifying the
errors, re-establishing communication and/or updating the aforementioned content.
Likewise, Ekilikua does not guarantee either the technical reliability of its Website or access to its different pages,
and is likewise not liable for any damages of any kind that may arise as a result.
Furthermore, under no circumstances shall Ekilikua be liable for any possible errors or security deficiencies that
may occur due to the user using a browser with an outdated or insecure version or for any damage, errors or
inaccuracies that may arise from the malfunction of the browser.
In order to reduce the risk of the introduction of viruses on the Website, it uses virus detection programmes to
control all the Contents it hosts on the Website. However, Ekilikua does not guarantee the absence of viruses or
other elements on the Website introduced by third parties unrelated to Ekilikua that may cause alterations in the
physical or logical systems of users or in the electronic documents and files stored in their systems. Consequently,
Ekilikua will ,in no case, be liable for any damages of any kind that may arise from the presence of viruses or other
elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users.
Ekilikua takes various protective measures to protect the Website, the data collected and the Contents against
computer attacks by third parties. However, Ekilikua does not guarantee that unauthorised third parties can access
the type of use or browsing of the Website by the user and neither the conditions, features and circumstances in
which it is carried out. Consequently, Under no circumstances shall Ekilikua be liable for any damages,loss,liability
that may arise from such unauthorised access.
Ekilikua shall not be liable under any circumstances for the use that users and/or third parties may make of the
Website or the Contents, nor for any damages that may arise from above mentioned misuse.
4.2.- Waiver of Guarantees and Liability for Contents.
Ekilikua does not edit the Contents of third parties hosted on the Website and, consequently, does not warrant nor
makes any representation regarding the legality, reliability, usefulness, truthfulness, accuracy, completeness and
timeliness of said Content, nor for the Content owned by Ekilikua.
Under no circumstances shall Ekilikua be liable for any damages that may arise from: (i) the lack of lawfulness,
truthfulness, accuracy, completeness and/or timeliness of the Contents originated by third parties and its own; (ii)
the unsuitability for any purpose and the disappointment of the expectations generated by the Contents; (iii)
decisions or actions taken or avoided by the user relying on the information or data provided or provided in the
Contents, including, without limitation,any loss of benefits or business interruption.
Those persons who intend to set hyperlinks between their Web page and the Website must observe and comply
with the following conditions:
i) Prior authorisation shall not be necessary when the Hyperlink only allows access to the home page of the Website,
but may not reproduce it in any way. Any other form of Hyperlink will require the express and unequivocal written
authorisation of Ekilikua.
ii) The web page on which the Hyperlink is set may only contain what is strictly necessary to identify the destination
of the Hyperlink.
iii) The website on which the Hyperlink is established must not contain unlawful information or content that
contravenes morals and generally accepted good conduct,as well as to public order, nor shall it contain content in
breach of the rights of any third parties.
iv) Ekilikua reserves the right to block hyperlinks to the Website that do not have express prior authorisation, even if
they comply with the provisions of this point of the General Conditions.
6.- Breaches of Terms and Conditions /Actions in the event of non-compliance.
Ekilikua reserves the right to take whatever legal action available at law to demand the liabilities arising from the
breach of any of the provisions of these General Conditions of the Website by a user.
7.- Partial Nullity.
The declaration of nullity ,invalidity or non –effectiveness of any of the clauses contained in these General
Conditions shall not invalidate the validity or efficacy of the remaining clauses, which shall remain binding between
Law and Jurisdiction.
These General Conditions shall be governed and construed in accordance with Spanish law.Any dispute relating to
the conditions of use and access to this Website contained in this document of General Conditions of the Website,
the parties expressly waive any other jurisdiction that may correspond to them, unless otherwise determined by law
by the Courts of Dénia.
For the purposes of making the appropriate notifications, Ekilikua designates as its contact address the address
specified in the legal notice.
The e-mail address provided by the User during the registration process on the Website will be used by Ekilikua for
the purpose of of sending notifications to the User.
The User is obliged to keep the data duly updated for the purpose of notification referred to in this clause.
All Notifications made by Ekilikua to the User will be considered validly made if they have been carrid out
using the data and through the aforementioned means. Ekilikua shall not be liable for any damage that may be
caused by the User's failure to comply with their obligation to keep their contact details up to date.
GENERAL CONTRACTING TERMS AND CONDITIONS OF WWW.EKILIKUA.NET
1-Identification of the parties.
On the one hand, the commercial company "Ekilikua Home, S.L.", hereinafter Ekilikua, with registered office at
Avenida del Mediterráneo 86, 03725 Teulada (Alicante),with a CIF number B-54917000 and registered
in the Mercantile Registry of Alicante, Volume 3929, Folio 30, Section 8, Sheet A - 148989, I/A 1, and holder of the
domain www.ekilikua.net, hereinafter referred as the Website,and on the other hand, the User who contracts the
services ,products available in the Website, and whose identification data are those provided directly by the User
through the incorporation of ithe User´s data in the different application forms available at Ekilikua to access any of
the services/products listed in the Website.
2.- Applicable Law.
These General Conditions of Contract are subject to Spanish law, to the provisions of Law 7/1998, of April 13th, on
General Contracting conditions, in Royal Legislative Decree 1/2007, of November 16th, which approves the revised
text of the General Law for the Defence of Consumers and Users and other complementary laws,in Royal Decree
1906/1999, of December 17th, which regulates Telephone or Electronic Contracting with General Conditions,
Organic Law 15/1999, of December 13th, on the Protection of Personal Data, Law 7/1996, of January 15th, on the
Regulation of Retail Trade, and Law 34/2002, of July 11th, on Information Society Services and Electronic
3.- Objective and Application Domain.
The present General Contracting Conditions that govern the provision of services, are aimed at regulating the access
and the system/regulations for acquiring the products provided by Ekilikua to the User via the Website, which is
the legal framework within which the contractuel relationship is established.
The aforementioned General contracting Terms and Conditions may be consulted, printed and stored by
the User prior to the start of the contracting procedure.
These General Terms and Conditions of Contract regulate the legal relationship arising from the contracting
processes agreed on by the User through the Ekilikua Website. The User expressly accepts full and unreserved
compliance to these terms and conditions in the version published by Ekilikua at the time the User accesses the
Website and has been able to access these General contracting Terms and Conditions or contracts the
products/services in which the User´s is interested in.
The User is committed to read the General Contracting Terms and Conditions carefully each time he/she contracts
a product, as they could have been modified since the last time he/she accessed the Website.
By accepting these General Contracting Terms and Conditions, the User declares:
- That he/she is a person with the capacity to contract.
- That he/she has read and accepts these General Contracting Terms and Conditions .
The User will always and in any case have access, prior to the start of the procedure for contracting the products, to
the General contracting Terms and Conditions, which may be stored and/or reproduced on a storage medium.
Ekilikua provides the User with a contact e-mail address, email@example.com, via the contact form application in order
to answer any queries regarding these General Contracting Terms and Conditions .
Ekilikua may modify these General Contracting Terms and Conditions, without affecting the products purchased by
Users prior to the modification, provided that there is sufficient cause or reason to do so. It is understood that there
is sufficient cause or reason for the modification, including but not limited to, when the purpose of the modification
- Extend the range or number of products made available to the User or improve the existing ones.
- Adapt the products that are the object of this contract to the advances that may occur due to the development of
new information technologies.
- Modify, replace or update the prices of the products/services listed in the Website.
7.- Contracting Conditions.
These General contracting Terms and Conditions apply to any contracting of products/services through the Website.
7.1.- Ekilikua's obligations.
Ekilikua is commmitted to comply with the following contractual obligations arising from the commercial
relationship with the User as a result of contracting products/services by the User.
- To provide the User, with the maximum warranties the products/services requested by the User in accordance
with the provisions of the General Contracting Conditions and without breaching good contractual faith.
- To expressly inform the User of the existence of these General Contracting Terms and Conditions prior to the start
of the contracting procedure.
- To inform the User prior to the contracting process and in a concrete, clear, precise and unequivocal manner, of the
specific characteristics of the products /services ordered, such as the price of the products and the taxes that may
- Provide the User a copy of the text of the General contracting Conditions. Likewise, and for those products that do
require so, the applicable Particular Conditions will be made available to the User prior to contracting.
- Send the User proof of payment or invoice for the products /services contracted with Ekilikua. This
invoice will be accessed by the User for downloading.
- Comply with the provisions of the regulations about consumers and users rights.
7.2.- Obligations of the User.
The User agrees on the following contractual obligations:
- To fully comply with the provisions of these General Contracting Terms and Conditions when contracting the
products listed in the Website.
- To complete the registration forms prior to the start of the contracting procedure with accurate and current
information in order to be able to access any of the products /services listed in the Website.
. Likewise, the User guarantees and shall be responsible for keeping the information fully updated as long as the
User remains as a User of the Website.
- Fill out the product access forms with accurate and up-to-date information, as this data is necessary for Ekilikua to
issue, where applicable, the invoice and collect the payment for the contracted products .
- Provide the bank details requested by Ekilikua correctly for the payment of the products contracted in accordance
with the payment method chosen and the current rates published by Ekilikua on the website at the time of
- Omit sending messages that might prevent or hinder the normal operation of the services offered by the Website.
The User will be solely and totally responsible for r the content of the messages he/she writes or sends, as well as
for the data he/she provides.
8.- Availability of Products.
Ekilikua informs the User about the number of available units of the products offered is kept up to date and held in
stock and available for sale. Under no circumstances will Ekilikua intentionally offer more units than there are
available for sale.
In the event of any stock shortage or unavailability of a product, Ekilikua will send an e-mail informing the User of
this and the period within which the chosen product will be available for sale again, unless it is definitively
In the event that the product is temporarily or definitively unavailable after the order has been placed, the User will
be informed by e-mail and may choose between receiving another product with similar characteristics or cancelling
Partial cancellation of the order due to the lack of availability shall not imply the cancellation of the entire order,
unless the User declares so. The above mentioned applies without prejudice to the right of withdrawal.
The prices applicable to the contracting of the products by the User will be those appearing on the Website at the
time the User accesses the specific product and proceeds to initiate the contracting process.
Should there be an error in pricing of the products that the User has contracted, the User will be informed as soon
as possible and will be given the option of reconfirming the order at the correct price or cancelling it. If we are
unable to contact the User, the order will be considered cancelled and any amounts paid will be refunded in full.
We shall not be obliged to supply the User with the product(s) at the incorrect lower price (even if the Dispatch
Confirmation has been sent).
Ekilikua reserves the right to modify the price list published on the Website, as it sees fit. In any case, the above shall
not apply to those products contracted prior to the modification.
10.- Payment Mode.
The following mode of payment are available:
- Payment by credit card.
11.- Contracting with Ekilikua and Order Acceptance.
Until the order is accepted by Ekilikua (even if it has already been charged to the User s account) no contract will
exist between the User and Ekilikua. If the order is not accepted and the User has already been charged , the
amount will be refunded in full.
After clicking on "buy" the user will receive an email as acknowledgement of receipt. This does not imply that the
order has been accepted, as it is itself a request from the User to make a purchase. Orders are subject to verification
and acceptance by us. We will confirm acceptance by sending an email informing the User that the purchase has
been made (Purchase Confirmation).
The Contract between the User and us shall be established only at this stage .
The contract will relate only to those products listed in the Purchase Confirmation . We are not obliged to supply
THE User with any other product that is not listed on the Purchase Confirmation.
Ekilikua may refrain from processing purchases which do not present sufficient guarantees of solvency, or which
prove to be incomplete or incorrect or in the event that the products are not available, without liability to the User
or to third parties. In any case, we commit to inform the User and if the product has already been paid, we shall
make a refund , in accordance with our refund policy, for the amount paid in advance .
12-Transfer of risk and ownership.
The User acquires ownership over the products at the time of full payment of all amounts. Since the possibility of
shipping the product is not contemplated, the responsibility for the products will fall on the buyer at the time he
withdraws the product or products purchased from the store.
To all products listed on the website are subject to applicable taxes.(Value Added Tax.)
14.-Accountability of the parties.
14.1- Accountability of Ekilikua.
The content of this Website is presented for the sole purpose of promoting Ekilikua products, without any other
warranties of any kind.
The User is warned that the use of electronic systems involve certain risks. Ekilikua shall only be liable for any
damage that the User may suffer as a result of accessing the Website or purchasing products.
In particular, Ekilikua is exempt from any liability for possible damages:
- that may be caused by the lack of availability and/or continuity of the Website.
- that may be caused to the User in the event of the impossibility of providing the service that is the object of the
present General contracting Terms and Conditions due to unforeseen circumstances, force majeure or other causes
not attributable to Ekilikua. For these purposes, the following are considered beyond its control, by way of example
and without limitation and not only limited to, (i) the modem, (ii) the User's computer system, (iii) the browsing
software, (iv) viruses, (v) interconnection of telephone and electrical networks, (vi) ADSL, ISDN, and/or any other
means of telecommunications used by the User.
- (iii) the inadequate functioning of the Website if this is due to maintenance work, incidences, a defective or
malfunction of the User's terminal or its deficient capacity to support the necessary systems to use the service.
Ekilikua does not guarantee the absence of viruses or other elements on the Website that may cause alterations in
its computer system, nor the usefulness, accuracy, updating or infallibility of the contents or services not controlled
by them.Ekilikua will take appropriate measures to ensure a rapid response, but cannot be liable for delays that are
due to telecommunications services, nor warrants a specific delivery time for the products.
14.2.- Accountability of the User.
The User will be solely responsible for the consequences arising from the communication of data that is not true, as
well as data belonging to persons other than the User.
Adopting the necessary security measures, both personal and material, to maintain the confidentiality of their user
name and password, as well as immediately notify Ekilikua of the loss, misplacement, theft, robbery or illegitimate
access with their user name.
In the event of non-compliance by the User with their contractual obligations, Ekilikua reserves the right to take
appropriate legal action, as well as the right to restrict access to the products offered on the Website.
15.-Right of withdrawal and Its process.
In accordance with Royal Legislative Decree 1/2007, of November 16th, which approves the Revised Text of the
General Law for the Defence of Consumers and Users, should there be any reason the User is not satisfied with the
order, the User has a time period of 14 working calendar days starting from the date the User get possession of the
goods , to withdraw from the contract without the need for justification and without any penalty. This period shall
be deemed to have been complied with if the goods are returned before the expiry of this period.
In the event that the purchase involves the delivery of multiple goods ordered by the consumer and user in the same
order and delivered separately, the withdrawal period shall expire within 14 working days after the buyer, or a
third party appointed by the User ,not the the carrier, acquires natural possession of the last of the goods.
The right of withdrawal may be carried out on one, several or on all of the items purchased.
Before exercising the right of withdrawal or canceling an order, the User must contact us through the telephone
number 627396265 or firstname.lastname@example.org.The right of withdrawal will be applicable as long as the contracted
products are returned in the same conditions in which the User received them, together with their complete original
packaging, labels and together with any accessory related to them. A copy of the purchase invoice for the product
being returned must also be attached. The User shall be responsible for proving that the products have been
returned. Ekilikua will not be responsible for losses, delays or shipments to the wrong address of any product that
the User wishes to return to us.Ekilikua will determine if the products are in the same condition in which they were
sent to the user. Products that have been returned damaged, incomplete, deteriorated, used or dirty due to the fault
of the User ,shall not be refunded and will be made available to the buyer. In case of being returned by shipment
they will be forwarded with appropriate delivery rate.In accordance with Royal Legislative Decree 1/2007, of
November 16th, which modifies the revised text of the General Law for the Defense of Consumers and Users and
other complementary laws, the consumer assumes the direct cost of returning the goods, except in case of fault or
Products returned by shipment will be sent in a single delivery. Ekilikua reserves the right not to accept products that
belong to a single order, returned and delivered at different times.
Once we have received the item and we have checked that it meets the above conditions, we will refund the full
amount of the purchase of the product (in the case of a return by carrier, the costs of the shipping will not be
refunded), without undue delay and, in any event, no later than 14 working days from the date on which we are
informed by the User the decision to withdraw from this contract). We will proceed to effect such refund using the
same means of payment as the User´s for the initial transaction, in any event, the User will not incur any costs as a
result of the refund.
In any case, the right of withdrawal shall not apply when the contract refers to the exceptions stipulated in art. 103
of Royal Legislative Decree 1/2007, of November 16th, which amends the revised text of the General Law for the
Defence of Consumers and Users and other complementary laws.
17.- Returns Policy in case of Delivery of Defective or Erroneous Products.
If the User receives an erroneous or defective product, please contact us immediately, within 24 hours, at the
following email address: email@example.com,point out the error or defect along with the User´s personal details.
We will carefully examine the returned product and will inform the User´s by e-mail within a reasonable period of
time whether the product is to be returned or replaced (if applicable). The return or replacement of the item will be
made as soon as possible and in any event within 14 working days from the date on which we send you an e-mail
confirming the return or replacement of the item.
The amounts paid for those products that are returned because of a defect, fault or incorrect delivery, will be
refunded in full, not including delivery costs if applicable. The refund will be made using the same payment method
as the User´s at the time of purchase.
18.- Information and Warranties of the products.
Ekilikua states and warrants that its Internet platforms are technically prepared for the sale of products and services.
Ekilikua makes every effort to ensure that the information provided is correct.
The products offered on the Website may be subject to minor variations in terms of specifications, colours or other
The products listed in the Website are guaranteed by the manufacturer for a period of two years from the date of
This warranty does not include defects caused by neglect, knocks, misuse or improper manipulation by the User, are
not included in this guarantee.
In those cases in which the use of the guarantee is justified, the defective product will be replaced or returned in
accordance with the legally established terms.
In order to make the appropriate notifications, Ekilikua provides the address specified in the legal notice as the
The e-mail address provided by the User during the registration process on the Website will be used by Ekilikua for
the purpose of sending notifications to the User.
The User is obliged to keep the data referred to, in this clause,duly updated for the purposes of notifications.
All Notifications made by Ekilikua to the User will be considered validly made if they have been made using the data
and through the aforementioned means. Ekilikua accepts no liability for any damage that may be caused by the
User's failure to keep their contact details up to date.
20.- Nullity and Ineffectiveness of the Clauses.
If any clause included in these General Conditions of Contract is declared totally or partially null or ineffective, such
nullity will affect only said provision or the part of it that is null or ineffective, supersedes in everything else the
General Conditions of Contract.
21.- Duration of the General Contracting Conditions.
The period of validity of these General Contracting Conditions will be the time that they remain published on the
Website and will be applicable from the moment the User proceeds to the contracting of any of the products.
22.- Competent Jurisdiction.
In the event that the User uses the products, in order to integrate them into their own production processes, both
parties, expressly waiving the jurisdiction that may correspond to them, submit themselves , for the resolution of
conflicts, to the Courts of Dénia.
While every effort has been made to make this website as complete and as accurate as possible, its
content should only be used as a general guide and not as an original source of information. Comments,
suggestions or corrections relating to possible errors both typographical and content would be much
Ekilikua may make improvements and/or changes in this web site at any time.