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Terms and Conditions

Context

Escala Lamps© reaffirms its commitment to protecting the data of its customers and visitors to this website. Thus, to guarantee compliance with the provisions of the General Data Protection Regulation (RGPD - Regulation [EU] 2016/679 of the European Parliament and of the Council of April 27, 2016), regarding the protection of natural persons in With regard to the processing of personal data and the free circulation of these data, Lamps Escala has reviewed the Terms and Conditions of use of its online store, as well as its Privacy Policy. The new wording of these texts will enter into force on May 25, 2018.

General Terms and Conditions of Use

Access and navigation on this website are subject to these General Terms and Conditions of Use, which are part of the General Conditions of Sale of the online store www.lamparasescala.com and also to the Privacy Policy and Data Protection presented by the company Alberto Escala López, with headquarters in C / Baños nº66 and 68, CP 41002, Seville, Spain, hereinafter called Escala Lamps ©, in reference to the trademark it owns.

Introduction

Sales made through the online store www.lamparasescala.com presuppose acceptance by the client of the General Conditions of Sale that are established in accordance with the legislation applicable to the electronic commerce sector in general.

Lámparas Escala se reserva el derecho de modificar estas Condiciones Generales de Venta y estará obligado a publicar cualquier modificación en esta página web; Las modificaciones introducidas no tendrán carácter retroactivo.

Escala Lamps is not responsible for the facts derived from the lack of availability of the website, whatever its duration, and reserves the right to restrict access to certain areas of the website for technical reasons or to comply with obligations legal.

Concepts and Definitions

Client - any natural person with a minimum age of 18 years who creates a client account, under the commitment that all the information related to their identification and other data necessary for the realization and processing of the order are true, complete and updated. For all purposes, Lámparas Escala considers that a collective person is identified and individualized by the connection between his / her company name, the registered office and the identification number of the collective person indicated at the time of creation of said customer account.

Cookie - small file that is sent to the customer's electronic device and stored on the hard disk. When creating an account on the website, the customer's device will store a cookie que le permitirá identificarse de forma automática siempre que vuelva a visitarnos.

Las cookies they are also used so that our system can follow the customer's steps in a purchase session. If the client does not accept the use of cookies, no podrá utilizar esta página web.

Personal data - information relating to an identified or identifiable natural person ("the interested party"), directly or indirectly, in particular by means of an identifier (such as a name, an identification number, email, addresses of internet protocols, etc. .).

Intellectual property - all intellectual property rights over the software and the content available through this website are the property of Escala Lamps and are authorized and protected by world laws and treaties. All these rights are reserved to Escala Lamps and its suppliers.

The client can save, print or present the content of this web page only for his personal use.

The publication, manipulation, distribution or reproduction, in any format, of any content available on this website is prohibited, as is its connection with any business or company.

Escala Lamps - registered trademark owned by Alberto Escala López.

Data processing - any operation or set of operations carried out on personal data or sets of personal data, whether by automated procedures or not, such as the collection, registration, organization, structuring, conservation, adaptation or modification, extraction, consultation, use, communication by transmission, broadcast or any other form of enabling access, collation or interconnection, limitation, deletion or destruction;

Responsible for the treatment - Alberto Escala López., As identified above.

Customer service - the support service, order management and the customer account of the online store, carried out under the service agreement signed by Lamps Escala / Alberto Escala López, a sole proprietorship that is part of the same business group as the person responsible for the treatment.

  • Website - website www.lamparasescala.com, titled and operated by Lamps Escala. in order to promote and sell the products of that online store. The security and operability of the website, as well as the computer processing of orders, is ensured by the Alberto Escala López company. The logistics management of sales is carried out by the company DHL EXPRESS SPAIN SL CIF. B20861282. La gestión financiera de las operaciones es proporcionada por la empresa Alberto Escala López.

Physical address of the commercial establishment - the headquarters of the Lámparas Escala company, located at C / Baños nº66 y 68, C.P. 41002, Seville, Spain, this being the address to which the consumer must submit a written complaint.

Object

The purpose of these General Terms and Conditions of Use is to establish the conditions of access and use of the website by the customer who wishes to make purchases in the online store. The General Conditions of Sale Their objective is to regulate the operationalization terms of the commercial transactions carried out between Escala Lamps and the Client. The Privacy Policy and Data Protection aims to identify privacy protection measures relating to the processing of personal data and the free circulation of personal data, including tools for personalized management of personal data provided by customers.

I - General Conditions of Sale

1.1 Proceso de Pedido y Compra

The order and purchase process is only possible after the creation of a customer account and / or the customer's login in the online store, and the customer must follow the various sequential steps of the order process that will allow the customer to register the purchase.

Terms and Payment Methods

Once the order process is completed in the customer's personal account, the purchase will be registered and the customer will have a deadline, indicated in the selected payment method, to proceed with the payment. At the end of this period, if there is no confirmation of payment, the order will be canceled.

Some payment methods allow you to save the data necessary to carry out the payment transaction. However, in this context, no personal data of the customer will be kept, so such data management must be done directly with the service provider. An exception should be made for situations in which the service provider allows the management of personal data to be carried out directly on our website, in which case, provided that it complies with the applicable legal provisions, the indications issued by the provider will be complied with. , in particular in the protection of personal data. In any of the cases, data related to the payment information provided by the client will not be kept unless the client has given their prior and express consent.

Escala Lamps offers the following payment methods for purchases made through the online store:

Credit card

The customer can make the payment with a credit card and thus benefit from the liquidity and payment conditions offered by their bank.

Is it safe to make an online payment with my credit card?

All transactions on our website are secure.

Escala Lamps uses a sophisticated fraud detection and prevention mechanism. Through this solution, it is possible to verify the authenticity of payments made online, simultaneously guaranteeing the integrity and security of customer data, as well as their identification. This security is enabled by Secure Sockets Layer (SSL) technology, which encrypts these communications between the software del cliente y nuestro servidor para que las comunicaciones no puedan ser interceptadas. Por lo tanto Lámparas Escala se reserva el derecho de rechazar el pago de un pedido si se determina que la transacción es ilícita. Todas y cada una de las actividades consideradas ilegales serán de inmediato comunicadas a las autoridades competentes.

3D Secure

3D Secure is a communication protocol designed to improve the security of online payments and to allow authentication of the credit card user by the bank that issued the card. After a payment in an online store, a process is activated to verify if the card used is valid. If the credit card is considered valid, the security systems associated with the 3D Secure protocol verify the identity of the client, using the bank that issued the credit card in real time, which, in turn, validates the identity of the client and issues confirmation that the card used is legitimate. Said control is intended to protect credit card holders by reducing the likelihood of fraudulent use, ensuring greater transaction effectiveness. This protocol is used by Visa under the name "Verified by Visa", and MasterCard under the name "Security Code".

How is the credit card payment processed?

After selecting the credit card payment option and clicking on "Buy", the customer will be directed to the page web of the entity that guarantees the payment transaction. On that page webYou must indicate the necessary credit card information, namely: the credit card number, the expiration date and the respective security code. In this sequence, the customer must click on the "Make Payment" button.

If the payment is rejected, a message will be sent to the customer in the shopping cart window indicating the verified error. In this case, a new payment attempt is recommended. If the problem persists, it is recommended to contact the respective bank or credit card issuer for more information.

Once paid, the amount will be debited from the customer's credit card account. If, for any reason, it is necessary to cancel the order, in whole or in part, the amount will be refunded within five business days. As a rule, the transaction will be reflected in the following bank statement, if you used a credit card or directly in your account after three business days from the date it was made, if you used a debit card.

Observation: Payments are always made in euros, even when prices are shown in other currencies. Some banks may charge exchange rates. Escala Lamps is totally unaware of this fact and, therefore, is not responsible for it.

Deposit / Bank transfer

In case the client prefers not to pay for the order at the time of placing it, they can choose to make the payment later by bank transfer. We will only proceed to send the order once we have the bank confirmation that the transfer has been made effective in our account.

It is advisable to indicate the order number in the observations of the bank transfer and send a receipt of the same to our Customer Service.

Any additional fees charged by the bank will be charged to the customer.

Products will be reserved for 6 days. If Escala Lamps does not receive payment for the order during that period of time, it will be canceled.

Cancellation of Orders

The customer may only cancel the order before the respective payment and processing thereof. If that is the case, you can do so by selecting the "Orders" option, available in the personal area of ​​your customer account. To do this, the customer must select the order he wishes to cancel and click on the "Cancel Order" button. Once the order has been canceled, a message will be displayed requesting confirmation of that purpose.

Observation: Cancellation of the order is only possible through the process mentioned above. Any request made by other means will not be taken into account.

1.2. Delivery Process

Para realizar un pedido, deberá seguir el procedimiento de compra online y hacer clic en «Autorizar pago».
Tras esto, el cliente recibirá un correo electrónico acusando recibo de su pedido correspondiente (la»Confirmación de Pedido»), un número de seguimiento y un enlace que le permitirá realizar el seguimiento del pedido en la página web del servicio de mensajería seleccionado.

The customer can also have access to that tracking link sent to the email provided.

Es posible que, en el momento que se remite al cliente la confirmación del envío con el número correspondiente de seguimiento, no se obtenga ningún resultado. La información actualizada del seguimiento del pedido en la página web de la empresa de transportes puede tardar en estar disponible hasta 24 horas desde la confirmación del envío del pedido.

Los pedidos son entregados de lunes a viernes, sin contar festivos locales o nacionales, en la dirección indicada por el cliente al realizar el pedido. El plazo de entrega del artículo puede oscilar entre 4 -15 días (el plazo podría variar dependiendo de cada empresa de transportes).

Delivery Services

Escala Lamps provides regular delivery services that are subject to the procedures of each transport company, in particular with regard to shipping methods, delivery times, costs and limitations associated with the requirements of orders to deliver, as well as the order validation mechanisms, identity of the recipient of the purchase or the third party that represents it. Lamps Escala is oblivious to any change in the conditions of the service provided by the courier companies, being solely responsible for ensuring that the procedures followed by them in the delivery process correspond to the terms in force at the time of completion of the purchase. The specificity of some product segments may justify the establishment of a minimum purchase value, which will always be indicated in the first stage of the order process.

In this way, the delivery options presented may vary depending on the type of products to be delivered, the geographic area of ​​destination, the type of delivery desired (delivery to an address or a collection point) or even the time of delivery. validation of the selected payment method.

The expected delivery time, as well as the relevant conditions or observations at the time of completion of the order process will be indicated, as an informative note, in each of the delivery options in the "Shipping method" tab.

Observation: Delivery times, counted from the actual shipping date of the order are indicative, so they are only considered valid when there are no physical or structural impediments (example: incorrect addresses or force majeure, such as strikes, loss of connection , weather, etc.).

The customer can, therefore, choose to receive the order at an address of their choice (with the exception of deliveries to post office boxes). To do this, you only need to provide an address where you will be present from 9 a.m. to 7 p.m. on the day scheduled for delivery. A delivery attempt will be made by the courier of the chosen transport service at the indicated address.

It is not possible to choose a specific delivery time, since delivery will be conditional on the courier's route on that day, a route that is established exclusively by the transport service.

The indication of an incorrect or incomplete delivery address may cause the order to be returned to Lamps Escala, which may generate additional costs for the customer. For this reason, it is strongly recommended that the customer always ensure that the delivery address indicated at the time of ordering is correct and complete. Once the order is finalized, it is not possible to change this address or the billing information provided.

Whereas, if the delivery method is chosen at a collection point, the client will be subject, and may be returned to Lamps Escala to the contrary, to a time limit for collection, not less than 7 days, but determined exclusively by the transport company selected and communicated by it by an SMS sent directly to the client.

Warning: In any case, for reasons of organization of the service and distribution procedures of the transport companies, the identification data of the recipient will be printed on a label that will be placed outside the transport box. Since this is the customer's personal data, it is advisable to destroy or delete them after receiving the order to prevent this data from being consulted by third parties after the packaging has been removed at the recycling points.

Shipping costs

The system automatically calculates the shipping costs and may vary according to the following circumstances:

- actual or volumetric weight (whichever is greater);

- total amount of the order;

- segment of products ordered *;

- tariffs of the transport companies, which are subject to periodic updates.

Shipping costs update automatically as products are added to the shopping cart.

Due to the delicacy of certain products, as a general rule, transport is associated with insurance to cover damages suffered by transport.

Shipping cost reimbursement

There are three situations in which there may be a refund of shipping costs:

i) Non-delivery of the order for reasons attributable to Escala Lamps or the courier service: the customer will be fully reimbursed for any amount paid for shipping. A member of the returns and refunds area of ​​the Escala Lamps Customer Service will contact the customer to confirm the right to a refund and provide any additional clarification on this matter.

ii) Right to withdraw from the contract: in accordance with articles 9 and 11 of Directive 2011/83 / EU of the European Parliament and of the Council, of October 25, 2011 on consumer rights, the customer can exercise their right withdrawal from the contract within 14 days from the day the customer, or a third party designated by him other than the courier, acquires physical possession of the requested product or, if the order consists of several items that are They will be delivered on different days, from the day on which physical possession of the last of the items delivered is acquired. To exercise this right, the client must send to Lamps Escala, before the end of the period indicated above, an unequivocal declaration of termination of the contract, using the free resolution electronic form.

In this context, Lamps Escala will fully reimburse the amount that the customer has paid for delivery, except for:

a) any additional cost resulting from the choice of a type of delivery other than the lower cost standard delivery type provided by Escala Lamps;

b) any cost of returning the order as a result of this exercise of the right of withdrawal. In any case, the customer must bear the cost of returning the items to our warehouses.

El reembolso se efectuará lo antes posible y, en cualquier caso, dentro del plazo de 14 días desde la fecha en que el cliente nos comunicó su intención de desistir.
Procederemos a efectuar dicho reembolso utilizando el mismo medio de pago empleado por el cliente para la transacción inicial, salvo que el cliente nos indique lo contrario, detallando expresamente el medio de pago através del cual desea que realicemos la devolución. No incurrirá en ningún gasto como consecuencia del  reembolso. No obstante lo anterior, podremos retener el reembolso hasta haber recibido los artículos.

Procedures applicable in the case of registration of incidents

In the event that a prepaid order * is returned to Escala Lamps for reasons attributable to Escala Lamps, the total amount paid for the purchase will be refunded, including shipping and return costs.

* Prepaid orders are those paid by credit card or bank transfer.

The customer can opt for the refund in the original payment method or through a refund coupon that can be used in a future order. In the event that the original payment has been made by bank transfer, with prior authorization, the customer will be contacted to provide us with the necessary bank details to make said refund.

If the reason for the unsuccessful delivery and the return of the order is the responsibility of the courier, regardless of the payment method chosen, the customer will have to submit a claim in writing that will be analyzed by the courier. Alternatively, and subject to the prior express consent of the client, said claim can be sent to the courier service as a supporting document for the incident created due to non-delivery.

1.3. Return and exchange procedure

Devoluciones y derecho de desistimiento

In addition to the conditions specifically provided for in the previous title, the customer must also consider that, if the product to be returned has been purchased as part of a promotional campaign and, therefore, has benefited from an offer with the product, both items must be returned. Both products must comply with the return conditions mentioned above.

El cliente tiene derecho a desistir del presente contrato en un plazo de 14 días naturales sin necesidad de justificación.

It will only be possible to return a pack of products in its entirety. In the event that the client wants to return a product that belongs to a pack of products, he must return all the products that make up that pack. All products must comply with the return conditions mentioned above.

Para ejercer el derecho de desistimiento, el cliente deberá notificarnos a Lámparas Escala, a la dirección, C/ Baños nº66 y 68. C.P. 41002, Sevilla, España, al teléfono 954903632/ 664422221, vía redes sociales (Facebook e Instagram) o a través de WhatsApp, su decisión de desistir del contrato a través de una declaración inequívoca (por ejemplo, una carta enviada por correo postal o electrónico). Podrá utilizar el modelo de formulario de desistimiento que figura como Anexo a las presentes Condiciones, aunque su uso no es obligatorio. Para cumplir el plazo de desistimiento, basta con que la comunicación relativa al ejercicio por su parte de este derecho sea enviada antes de que venza el plazo correspondiente.

Observations: The lack of any element that prevents the product from being back in stock for sale, in particular, the respective instruction manual in its original condition of supply, implies its immediate classification as an incomplete product and, as such, the consequent non-acceptance of the return of the same.

Each item (s) to be returned must, therefore, be sent in the above numbered conditions, and the label of the transport company must be attached to the original transport box, or in an alternative, which guarantees the correct conservation of the product. , said box being destroyed once the state of conservation of the returned product (s) has been confirmed. By breaching any of the conditions of the state of conservation stated above, the client will lose the right to be reimbursed, and in that case they will have 10 days to collect the item (s) in question at our facilities, indicated above, supporting for this the costs of that management. This collection must be carried out by a transport company contracted by the client, since it is not possible to collect it in person by natural persons, even if that person is the client.

Refund methods

Lámparas Escala reembolsará al cliente dentro de los 15 días posteriores a la recepción de los artículos devueltos, con aviso previo, en nuestros almacenes.

If the payment was made by card, the refund will be made on the same card and you will see it reflected, as a rule, in the following bank statement, if you used a credit card or directly in your account after three business days from the date on that was done, if you used a debit card.

If the payment was made by bank transfer, the customer will be asked to provide the details of the bank account that they want to be considered for the respective refund.

Return costs

After the respective notification to Escala Lamps and confirmation that there has been an error in the item (s) sent or that defective product (s) have been sent to the customer, Lamps Escala will assume the costs of the return by collecting them at the delivery address. To do this, a member of the returns and refunds area of ​​the Lámparas Escala Customer Service will contact the customer to agree on the aforementioned collection and provide any additional clarification on this matter.

1.4. Product Information

All procedures deemed necessary are strictly followed to ensure that all details, descriptions and prices of the products presented on the website are in compliance with applicable laws. However, there may be situations where the product information, including prices and promotional campaigns, have not been published correctly. In these cases, Lamps Escala reserves the right not to follow up on orders containing these products. In the event that an order has been placed with such products, the Customer Service team will contact the customer to inform them of the impossibility of continuing with the order.

The impossibility of delivery can also occur for other reasons, such as:

• lack of stock;

• failure to obtain payment authorization;

• order considered fraudulent.

Observation: To the extent that the products may, at any time, be subject to conditions or marketing impediments in the country of delivery, the customer must ensure the conformity of the product purchased with the legislation applicable to the territory of the delivery address. , regardless of the possibility of being subject to customs or border control. Whenever any restriction to the commercialization of a product is detected in advance, it will imply the immediate placement of the same in stock out of stock.

All products, campaigns, promotions and offers are limited to the physical stock available and / or the limited units determined for each campaign.

Escala Lamps also reserves the right not to allow the completion of the purchase process if any situation is detected, apart from those specifically described in this document, arising from a computer error in the creation of the order, in any of its stages, and associated with logistical problems, as well as the result of the knowledge or the imposition, by any competent authority, of any restriction on the sale of the products. To avoid this situation, we advise that the conformity of the product be verified in accordance with the regulations applicable to the country of the delivery address.

Escala Lamps may change prices without prior notice.

Payments are always made in euros, even when prices are shown in other currencies. Some banks may charge exchange rates. Lamps Escala is oblivious to this fact and will not assume any responsibility in this circumstance.

Additional Information

Products, information, services and other content provided on or through this page, including but not limited to products, information, emails, services, and other content offered by any link, are provided for informational and promotional purposes only. summary or aggregate form.

Unless otherwise indicated on the page, Lamps Escala does not endorse any specific product or service offered, advertised or sold on or through this page, including, among others, any product or service offered, advertised or sold on or through any link . Escala Lamps is not responsible for any product or service disclosed by third parties and available in other links, nor is it responsible for any quality or performance claim made by them. The client is hereby informed that some pages web, incluyendo entre otras, enlaces o páginas vinculadas a estos enlaces, pueden contener material o información que algunas personas pueden considerar de carácter inapropiado u ofensivo, inexacto, falso, incorrecto o engañoso, difamatorio o calumnioso, que infringe los derechos de terceros o que es, de otra manera, ilícito. Lámparas Escala declara expresamente que no se hace responsable del contenido, la legalidad, la decencia o la precisión de cualquier información, productos o servicios presentes en cualquier enlace o página vinculadas a estos enlaces.

Assembly instructions will be included in the shipment of the product if necessary.

1.5. Garantía de conformidad

Se entiende que los productos son conformes con el contrato siempre que se ajusten a la descripción realizada por Lámparas Escala y posean las cualidades que hayamos presentado en esta página web, (i sean aptos para los usos a que ordinariamente se destinan los productos del mismo tipo y presenten la calidad y prestaciones habituales de un producto del mismo tipo que sean fundadamente esperables. En este sentido, si alguno de los productos no fuera conforme con el contrato, usted deberá ponerlo en nuestro conocimiento a través de cualquiera de los medios de comunicación previstos al efecto.

Los productos que vendemos, especialmente los productos de artesanía, a menudo pueden presentar las características de los materiales naturales que se utilizan en su fabricación. Estas características, tales como variación en las ventas, en la textura, en los nudos y en el color, no tendrán la consideración de defectos. Al contrario, debería contarse con su presencia y apreciarlas. Únicamente seleccionamos los productos de la máxima calidad, pero las características naturales son inevitables y deben ser aceptadas como parte de la apariencia individual del producto.

Dado que el acceso a los bienes y servicios que se correspondan a los contratados y con la garantía del correcto funcionamiento es un derecho fundamental del consumidor, Lámparas Escala garantizará, durante un período de 24 meses a partir de la fecha de compra, la calidad de sus productos, ofreciendo a los clientes, cuando sea legítimo, una de las soluciones indicadas a continuación y por ese orden:

• Reparación del bien dañado, asegurando el correcto funcionamiento y / o la calidad final;

• Cambio del bien por un bien igual;

• Cambio del bien por un bien similar, en lo que respecta a sus características y finalidad, siempre que se acuerde con el cliente;

• Resolución del contrato y el consiguiente reembolso, si ninguna de las opciones anteriores fuese posible.

El ejercicio del derecho de garantía por parte del cliente siempre tendrá lugar mediante la presentación de una reclamación al servicio de Atención al Cliente y la devolución del producto con defecto o que no corresponde a lo contratado.

Lámparas Escala inspeccionará el artículo para confirmar el derecho efectivo del cliente a la activación de la garantía, excluyendo todas las situaciones que se puedan comprobar ser causa, entre otras, de:

• Abuso, daño intencional o daño negligente por parte del cliente;

• Desgaste normal del producto, siempre que esté dentro de los niveles esperados y declarados por el fabricante;

• Imposibilidad de probar el mal funcionamiento o el defecto indicado por el cliente;

• Todas las situaciones que se detecten como tentativa de fraude.

Tras la inspección del producto recibido, el cliente será informado de la respectiva decisión. En los casos en los que haya lugar a ejercer el derecho en materia de garantía, Lámparas Escala reparará, reemplazará o reembolsará el artículo lo antes posible, hasta un máximo de 30 días naturales contados desde la notificación enviada por email al cliente, en el que se confirmará el derecho a la activación de la garantía del producto.

El reembolso de cualquier cantidad pagada se realizará mediante el mismo método de pago utilizado para la compra, a menos que se acuerde con el cliente de manera diferente.

Estas disposiciones se entienden sin perjuicio de los derechos del consumidor, derivados directamente de la ley vigente.

Aviso: para efecto de activación de garantía, el cliente deberá conservar el embalaje original y el material de conservación proporcionado por el plazo mínimo de dos años (o por el plazo equivalente a la duración de la extensión de la garantía).
En el caso de recogida del producto por parte de Lámparas Escala, el cliente deberá garantizar el correcto empaquetado del mismo, tanto en cuanto al sellado, como en cuanto al aislamiento de otras superficies de contacto e/o humedad en el transporte. Para tal, deberá:
(i) colocar el producto en el embalaje original, garantizando el adecuando acondicionamiento en ese envase, (ii) acondicionar el producto con el embalaje original en un segundo envase de transporte.
Lámparas Escala estará siempre disponible para prestarle cualquier aclaración e/o sugerencia de acondicionamiento previo a la expedición o recogida del (los) producto (s) en causa.

1.6. Suggestions and complaints

The customer's opinion is very important for Escala Lamps as it allows the implementation of improvements in the services provided. Therefore, if for any reason, customers are not satisfied with our services or with any of the products purchased, or, even if they have a suggestion, Escala Lamps appreciates communication within 14 days from receipt of the order. by the recipient, or a third party designated by him, through any of the contact channels with the Customer Service.

If the customer has received a defective or damaged product, or if the product received is different from the one the customer actually bought, they will have to attach a video to the claim or, as the case may be, photographs in which both the reported problem is clearly visible as the state of the box in which we deliver the order.

The customer must also keep, until indicated otherwise by the Customer Service, not only the defective, damaged or non-conforming product, but also the respective cardboard box of the delivery.

1.7. Alternative dispute resolution

In case of conflict, the consumer can consult the Online Dispute Resolution entities identified on the website: https://webgate.ec.europa.eu/odr.

II - Privacy Policy and Data Protection

2.1. Introduction

Browsing the Escala Lamps website and registering customers in the online store requires acknowledgment and acceptance of this Privacy and Data Protection Policy.

Escala Lamps maintains a constant concern for the protection of the privacy of personal data and a preventive action with regard to the security of the website and the protection of the data of its customers and visitors.

To reinforce the guarantees of confidentiality of personal data, new data protection measures have been implemented, both to verify the legitimacy of the use of the personal data processed and to guarantee compliance with the rights granted to the interested parties. In this context, and through the specialization of customer service channels, Lamps Escala aims to promote clearer and more objective communication of the purposes underlying the processing of personal data and the transparency of processing operations.

Therefore, the information contained in this text is intended to transmit, clearly and unequivocally, the content of the privacy policy and the protection of personal data that will be processed under the terms of the General Data Protection Regulation in force (in hereinafter RGPD) and delimited by the content of the commercial relationship that will be established between the interested party and Escala Lamps.

2.2. Types of personal data collected

In general terms, personal data is collected in three situations that arise directly from the activity of Escala Lamps:

2.2.1. User registration: customer account creation Lamps Scale and data processing purposes

In order to create the customer's account, a personal area is provided in which the customer must enter the necessary data for identification as a customer. The first purchase will depend on the provision of additional personal data, essential for the processing and delivery of orders.

The mandatory fields in the forms available for those registration stages are marked with an asterisk (*).

Escala Lamps is committed to protecting customer data that will never be made available to third parties without the recognition or consent of the interested party, as legally required.

Additionally, when making a purchase on the website, customers will also be asked for their shipping address and payment details to promote maximum effectiveness and ensure delivery deadlines are met. These data will be transmitted to the aforementioned group companies, as well as to the courier who will ensure the delivery of the order, all of them obliged to process this data in strict compliance with the principles of the RGPD on the protection of personal data.

When processing a customer's order, certain personal data, such as address and postal code, may be disclosed to third parties for the sole purpose of preventing and detecting fraud and always to respond to the request of the competent authorities. These entities must also implement protection and security measures for said data.

Warning: For the sake of security and protection of personal data, we advise you to destroy or erase the label on which they are printed, immediately after receiving the order, in order to prevent such data from being consulted by third parties after deletion. packaging at recycling points.

For the effectiveness of the remaining functionalities provided by Escala Lamps at the client's request, we may request additional data that will be processed, in accordance with the terms and conditions of use specifically established and available for each functionality.

The data provided will be stored for the period strictly necessary, which generally corresponds to the period of existence of the customer's account. For this reason, when the client chooses to deactivate their account, personal data will be permanently deleted, except for the data necessary to comply with legal obligations, that is, but without limitation, for billing and accounting purposes. This data will be stored in its own database, anonymized and created for this purpose, and only for the time that is absolutely necessary for such purposes. The data related to the transactions carried out in that period of time by means of the credit card payment method will also be kept in this anonymized database, for a period of twelve months. Said registration is made for the sole purpose of making the reimbursements that may correspond to the client during said periods, counted from the date of issuance of the respective invoices.

In this way, once the account has been deactivated, if the client wishes to place a new order on this website, they must make a new registration, subject to the terms and conditions in force on that same date.

Warning: in the event that, after the expiration of the aforementioned periods, a refund is made and the account has already been deactivated, the customer must contact the Customer Service, providing the new bank details by submitting an official and original bank statement. Only bank statements in which the client is identified as the sole or main holder of the respective bank account will be accepted.

Completion of the customer's registration will be subject to a registration confirmation sent to the email address that the customer associates with his account and which will include a link for this text.

Any functionality or platform that Lamps Escala may have and that the client intends to use, will be conditioned to the acceptance of the respective terms and conditions of use, as well as, whenever specifically provided, to the Privacy and data protection policy. correspondent. All matters not covered by the aforementioned texts will be governed, with the necessary adjustments, by the terms established in this document.

Regarding the accuracy of the customer's data and the respective registration, each time the customer intends to verify the data provided to Escala Lamps, the customer can do so in his personal area. The client must keep the access data to his account safe, since any action or request made through his account will be his responsibility, provided that the client follows the identity validation procedures described below.

Warning: For the sake of security and personal data protection, we recommend that you do not save your password in your browser, as someone else with access to your device may access your personal information.

What is the collected data used for?

Customer data is processed within the scope of certain actions such as order processing, notification to the customer of any change in the functionalities of the website, surveys and the evaluation of interactions for statistical purposes.

We may also collect more information about the customer experience on the website for the sole purpose of improving customer service. However, this will only be done after confirming that the client became aware of or, where applicable, provides their express consent, mainly with regard to the services and functionalities offered by Escala Lamps through the website or any application. of which it is the owner.

Customers can, periodically and by email, receive information about products and services, campaigns, promotions and special offers. If the client does not wish to be contacted for these purposes, he can unsubscribe from the newsletter by canceling this option in the tab in his client area.

2.2.2. Customer contact with Escala Lamps

Whenever the client, on his own initiative, contacts Lámparas Escala to obtain information about the products, purchase procedures, order status or to report any situation related to the website or the services provided, Lamps Escala may need Request additional personal data for various purposes, which will be communicated specifically for the case, but which generally fall within the need to confirm the identity of the client and the purpose of the contact.

Con el fin de garantizar que el contacto sea realmente establecido por el titular, Lámparas Escala ha implementado medidas para reforzar la confirmación de identidad de la persona que llama, especialmente en los casos en que el contacto se establece por teléfono.

In this context, the customer may be asked, for example, to indicate one or more products purchased in previous orders, which the operator will do after requesting permission to access the purchase history of the last 6 (six) months. Alternatively, and after describing the identity validation mechanism, the operator can send an alphanumeric validation code to the telephone contact or email address registered in the customer's account that will be required by the operator at the beginning of the conversation.

Once the identity of the customer has been validated, the operator will ask key questions based on the description of the purpose of the contact to frame the situation and possibly refer it to the Customer Service member specialized in the subject matter.

The eventual recording of the call for the purpose of evaluating the quality of the service will depend on the prior and express consent of the client for this purpose.

2.2.3. Escala Lamps contact with the client

When processing a specific order, it may be necessary for the Escala Lamps Customer Service to contact the customer for the:

i) confirmation or rectification of any of the personal data necessary to complete the delivery process (for example, the delivery address). In such cases, the telephone number registered in the customer's file will be contacted. Once the connection is established, the operator will confirm the identity of the interlocutor following, if necessary, the procedure described in clause 2.2.2. above.

ii) inform the client that a message has been sent to the mailbox of their client account in Lámparas Escala as a result of the lack of stock of one or more items in the order in question and that, as an alternative to the lack of stock , we can return the amount paid or replace it with similar products, in accordance with the provisions of clause 1.4. of the General Conditions of Sale.

iii) request for more information about the content of any message sent by the client or about conversations that are already in progress. In both cases, after this contact there will be a written message confirming the content addressed and / or any event that may be agreed upon.

2.2.4. Cookies and other marketing tools

2.2.4.1. Classification and description of the Cookies used by Escala Lamps

Regarding the type:

Essential: they allow you to browse the website and use its functions. Without these cookies, orders cannot be processed.

Non-essential, functionality or performance: they collect information on how the user uses the website in order to improve its functionality. They allow you to verify which areas are of greatest interest to the customer by measuring the effectiveness of promotional campaigns.

In this way, Lámparas Escala can understand which products and promotions are best suited to the interests and needs of the client, which will be done by: compiling statistics based on the non-individualized behavior of the client and the subsequent use of the website; measuring the effectiveness of advertising campaigns; The consequent introduction of improvements in navigation, etc., with the sole purpose of improving the performance and responsiveness of the website. For this reason, performance cookies provided by authorized third parties are also used for the purposes set out here.

Analytics: used anonymously for statistical purposes and to improve the functioning of the website without collecting any personal information. They allow you to highlight articles that may be of interest to customers or visitors, monitor the performance of the web page, determine the most efficient method to link pages, or even the reason why some pages receive error messages.

Regarding validity:

Persistent: stored on the client's computer or device, between browser sessions, to maintain settings or preferences and improve the use of the website on the next visit. However, some of these cookies are provided by authorized third parties for the following purposes: presentation of campaigns and products that are considered to be of interest to the customer; Reorientation: advertising of Lámparas Escala products on partner websites or social networks without storing personal data or user profiles, so they do not involve the transfer of personal data to third parties, advertising being completely anonymous.

Session: limited to each session initiated by the user, so they expire each time the browser session ends. They can have the purpose of indicating the products previously placed in the shopping cart, identifying problems and guaranteeing a better browsing experience. Some session cookies can also be a guarantee of enhanced security.

Cookies used by Escala Lamps

Cookies remain in the chosen browser only during the session and can be deactivated if a period of user inactivity of around 20 seconds is detected.

Regardless of the duration of the session, the user can, at any time, deactivate these cookies through the respective browser settings.

Cookies of Third Parties:

Google Analytics

Name Purpose Validez Tipo
_ga distinguish users determined by supplier HTTP
_gat speed up the application rate determined by supplier HTTP
__utma distinguish users and sessions. The cookie is created when the javascript library is executed and there are no __utma cookies. The cookie is updated every time data is sent to Google Analytics determined by supplier HTTP
__utmb distinguish users and sessions. The cookie is created when the javascript library is executed and there are no __utmb cookies. The cookie is updated every time data is sent to Google determined by supplier HTTP
__utmz store the traffic or campaign source that explains how the user got to your site. The cookie is created when the javascript library is executed and is updated every time data is sent to Google Analytics determined by supplier HTTP

Facebook

https://www.facebook.com/about/privacy

Name Purpose Validez Tipo
_fbp display advertising on Facebook or on digital platforms that may use Facebook advertising determined by supplier HTTP

2.2.4.2. Activate and deactivate cookies and similar technologies

Newsletters and other communications may, for statistical purposes, contain information that allows us to know if they are open and to verify the clicks through links within them. However, the customer can always refuse to receive the newsletter or email communication through an option specifically provided for this purpose and mentioned therein.

As indicated at the top of this page, access to the Escala Lamps online store presupposes the use of cookies and their deactivation may affect the navigation of the website.

In the event that it intends and whenever it is applicable, the client can request additional information about the storage period of the data obtained through the cookies whose use is the responsibility of Lamps Escala.

For more information, it is suggested to consult the information available in each of the browsers or to consult articles with specific information on the subject (for example: https://www.allaboutcookies.org/)

2.2.4.3. Individualized communications of product and service promotions

Depending on the client's choice between standard experience or personalized experience, Escala Lamps may or may not send emails, in the form of notifications or newsletters, within which general or customer-oriented promotional campaigns are carried out. In both cases, such communications will be received only after confirmation that the client has expressly and unequivocally given their consent and that they have been informed of their right to terminate, at any time, the permissions previously granted for this purpose. The client can verify at any time what permissions are granted in relation to the processing of personal data in the "Manage Permissions" section available in the Account Data tab.

The processing of personal data carried out within the scope of individualized communications is carried out in strict compliance with the RGPD, both by the members of the Lámparas Escala team, in order to perform the necessary services to carry out said promotional campaigns.

2.2.4.4. Redirection

Some links on this website redirect the client to external pages associated with Escala Lamps. By clicking on these links, the customer will leave the Escala Lamps page. As it is not possible to control these web pages, Lamps Escala is not responsible for the content available on them. The navigation and use of any platform owned by Escala Lamps or any of its partners will mean the acceptance of the conditions of use thereof, in accordance with the specific terms established for this purpose.

2.3. Secure data processing, legality, fairness and transparency

Lamps Escala uses one of the safest online ordering systems and is constantly improving its software to offer the safest possible data processing to its customers and guarantee their trust. A server certificate, also known as a digital certificate, guarantees our identity, as well as an encryption (SSL) of the transmitted data.

All personal data of Lámparas Escala clients are subject to lawful, fair and transparent processing. For this reason, the interested party can always contact Lamps Escala for any clarification on the processing of their data, as indicated in clause 2.5.1. infra.

2.4. Minimization and limitation of purposes

Escala Lamps undertakes to use the personal data of its customers and visitors for the purposes strictly necessary for the exercise of its activity, with the limitations derived from the scope of the same or the scope of the consent expressly granted by its owner. This also means that the data will not be transmitted to any third party without your knowledge and / or authorization when Escala Lamps is legally bound.

In this sense, Lámparas Escala also guarantees access to said data by its members, insofar as it is considered absolutely necessary to carry out the action in question. These members of the Lamps Escala team are identified and monitored in accordance with the functions and tasks assigned to them and within the framework of the contractual relationship established between them.

All data processed by Lamps Escala, whether voluntarily provided by its owner or collected by Lamps Escala in order to perform the contract that links them or, for the performance of any functionality provided at the request of the client, will be permanently eliminated. as soon as it is confirmed that they are no longer necessary. For this reason, the storage of personal data must observe the principles of data minimization, purpose limitation and storage limitation, since only the data strictly necessary for compliance with the legal and contractual obligation will be collected, which will be stored in a specific database for the period strictly necessary for such purposes.

2.5. Rights of the interested party

2.5.1. Right to information and access to personal data

The client can at any time request information on the personal data kept, either in relation to the category of personal data, the origin and the recipient (s) of the same, the duration of the conservation period and the underlying purposes , with regard to the identification of the person responsible for the treatment, the person responsible for data protection and their contacts.

In the event of a manifestly unfounded or excessive exercise of the right to be informed, Lamps Escala may charge a rate of € 150.00 / hour (one hundred euros per hour). This amount must be settled within five business days after receipt of the payment instructions that will be sent in writing to the email address provided by the interested party and / or by SMS to the phone number registered in your account or indicated as a response. to said request.

2.5.2. Right to rectification and right to delete personal data

To exercise their right to rectify their personal data, the client must send the request, identifying the data to be modified and the updated information, by email to info@lamparasescala.com or by registered letter, sent to the person responsible for data processing : Scale lamps. C / Baños nº66 and 68 C.P. 41002, Seville, Spain. The same procedure must be followed if the client wishes to exercise their right to delete their personal data. In any case, the client will receive confirmation through the same channel used, that their request has been processed as requested.

2.6. Subsidiary application

This text will govern all matters related to privacy and the processing of personal data carried out in the context of the use of applications and other functionalities provided by Lamps Escala, whether they are accessible through an existing link on the website, or in any another platform owned by Lamps Escala. For that reason, it will be applicable in a subsidiary manner to all situations that may not be specifically regulated.

2.7. Modifications to the Privacy and Contacts Policy

Any changes made to this Privacy and Data Protection Policy will be published on the Lamps Escala website and all previous versions will be available upon written request from the client.

Regarding the RGDP, Alberto Escala López, based in C / Baños nº66 and 68, C.P. 41002, Seville, Spain, is the Responsible for the Processing of Personal Data.

Irregularities, non-compliance and any security restriction in the processing of personal data must be immediately reported to the Lamps Escala Data Protection Delegate by email to: info@lamparasescala.com

Modelo de formulario de desistimiento (Sólo debe cumplimentar y enviar el presente formulario si desea desistir del contrato)

A la atención de Alberto Escala actuando bajo el nombre comercial de Lámparas Escala en C/ Baños nº66 y 68. C.P. 41002, Sevilla, España y correo electrónico info@lamparasescala.com.

Por la presente le comunico que desisto de mi contrato de compra del siguiente artículo:
Pedido el/recibido el(*):
Nombre del consumidor:
Dirección del consumidor:
Firma del consumidor (solo si el presente formulario se presenta en papel)
Fecha:
(*) Táchese lo que no proceda

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