| Size | Chest (A) | Length (B) | Sleeve (C) |
|---|---|---|---|
| XS | 54 | 55 | 47 |
| S | 57 | 57.5 | 48 |
| M | 60 | 60 | 49 |
| L | 63 | 63 | 50 |
| XL | 66 | 65 | 51 |
| XXL | 69 | 67.5 | 52 |
€0,00 EUR
GENERAL TERMS AND CONDITIONS OF SALE
0. PRE-CONTRACTUAL INFORMATION
The following General Terms and Conditions of Sale (hereinafter, the "General Terms") are set out for your reading and understanding. They apply to all distance purchase and sale transactions of items and/or products carried out electronically through the online store at https://esenziaclub.com (hereinafter, the "Website"), from the moment the SELLER sends the CONSUMER the General Terms in the order confirmation document, and not at any earlier time.
These General Terms shall remain in force and be valid for as long as they are accessible through the Website. If you do not agree with them, you should not use this Website.
The SELLER reserves the right to modify, in whole or in part, the General Terms at any time, as well as any legal notices, guidelines and/or usage regulations published on the Website, which may replace, supplement and/or modify the General Terms set out herein, without affecting items and/or products purchased prior to such modification.
Such modifications may be made through the Website by any legally admissible means and shall be binding for as long as they remain published and automatically applied by the purchasing process in its final stage.
The SELLER informs the CONSUMER that the General Terms are accessible by clicking on the link "General Terms and Conditions of Sale". We recommend that the CONSUMER periodically reviews the General Terms, as they may be subject to changes. The current version is always available at https://esenziashop.es/condiciones-generales-contratacion
Notwithstanding the above, the SELLER reserves the right to apply, in certain cases, Specific Terms that take precedence over these General Terms where deemed appropriate, announced in due time and form.
In the event of any contradiction between these General Terms and the Specific Terms, the Specific Terms shall prevail in respect of any incompatible provisions, and only in relation to those items and/or products subject to such specific conditions.
By accepting this contractual document, the CONSUMER confirms that they:
1. PARTIES AND IDENTIFICATION
On the one hand,
The SELLER is ESENZIA ENTERPRISE 2019, S.L., Tax ID: B16837858, with registered address at C/ Ciudad de Montilla, Block 3, 1st Floor, No. 4 – 41008 Seville (Spain), and email address atencionalcliente@esenziaclub.com
On the other hand,
The CONSUMER, registered on the Website with a username and password, or as a guest user without prior registration, who bears full responsibility for the use and safekeeping of such credentials and is responsible for the accuracy of the personal data provided to the SELLER.
Only a natural or legal person who duly evidences their status and accepts these General Terms and the applicable Specific Terms — which, together with the Legal Notice, Privacy Policy and Cookie Policy, govern our commercial relationship — shall be considered a CONSUMER, from the moment the SELLER sends the General Terms in the order confirmation document, and not at any earlier time.
If you do not agree with any part of these terms, you will not be able to purchase any of the items and/or products offered on the website.
In the case of natural persons, the purchase of items and/or products by persons under the age of 18, or by legal entities that do not meet the requirements set out in these General Terms, is expressly prohibited.
Orders placed through the Website by a minor who provides false information shall be deemed to have been made under the supervision and authorisation of their parents, guardians or legal representatives.
2. SUBJECT MATTER OF THE CONTRACT
These General Terms govern the commercial relationship arising between the SELLER and the CONSUMER in connection with purchases of items and/or products made on the Website.
The CONSUMER shall only be bound by the General Terms from the moment they receive all the purchase conditions from the SELLER in the order confirmation document.
The contract entails the delivery, upon payment of a specific price publicly displayed on the Website, of a specific product.
These Terms and any document expressly referenced herein constitute the entire agreement between the CONSUMER and the SELLER regarding the subject matter of the sale and replace any prior verbal or written agreements, arrangements or promises made by the same parties.
The CONSUMER and the SELLER acknowledge that they have agreed to enter into this contract without relying on any statement or promise made by the other party, other than what is expressly stated in these Terms.
3. CONDITIONS OF ACCESS AND USE OF THE WEBSITE
Access to the Website is free of charge, except for the cost of the internet connection provided by the user's chosen access provider.
Access to most of the Website's content is entirely free and does not require prior registration. However, the SELLER conditions the use of certain services on the Website to the prior completion of the relevant form, which may in some cases involve the payment of a fee.
Access to the Website by persons under the age of 14 is prohibited. However, should a minor access the Website, it will be presumed that such access has been made with the prior and express authorisation of their parents, guardians or legal representatives, without prejudice to the SELLER's right to carry out any verifications it deems appropriate.
Under no circumstances shall the SELLER be held responsible for the accuracy of the information provided by users. Each user shall be solely responsible for ensuring that the information provided to the SELLER is appropriate, accurate and precise, or otherwise for any consequences that may arise from poor data quality or false or inaccurate statements.
3.1. Requirements to become a registered user
In order to purchase the items and/or products made available by the SELLER, consumers must first register by providing, through the relevant forms, at least the data marked as mandatory.
To register as a user, it is essential to be at least eighteen (18) years of age and to provide all information marked as mandatory on the website. Registered users acknowledge that their user account is personal and non-transferable. Both natural persons and legal entities may register on the Website.
Every registered user will have an access password, which shall at all times be personal, non-transferable and subject to a limited period of validity. This password must meet minimum length and security requirements. Users may change or recover their password at any time by following the procedure set out on the Website. Under no circumstances shall the SELLER have direct access to this password, except for the purpose of providing access to the Website.
Accordingly, users are obliged to notify the SELLER immediately of any event that may allow improper use of their login credentials and/or passwords, such as theft, loss or unauthorised access, so that they may be cancelled without delay. Until such notification is made, the SELLER shall be exempt from any liability arising from the improper use of such credentials by unauthorised third parties.
3.2. Deregistration as a registered user
Users may at any time request to deregister from the Website by doing so through the relevant section in "My Account" on the Website.
Following deregistration, the user may request a new registration, subject to the SELLER's right to refuse such registration in the specific cases set out under the clause entitled "Requirements to become a registered user", or in the event of an unresolved or concluded dispute between the parties involving acknowledged fault or negligence on the part of the user and/or harm to the SELLER, its collaborators and associates, or its users, consumers or potential consumers.
3.3. Requirements to become a guest user
Items and/or products made available by the SELLER may also be purchased as a guest user, without prior registration.
Natural persons aged eighteen (18) or over, and legally constituted legal entities with sufficient capacity to contract, may act as guest users, provided they supply all mandatory information through the Website, including identification details, delivery address, billing information and chosen payment method.
If the consumer has made previous purchases, after adding items and/or products to the cart they will be able to access their customer details from their previous purchase.
4. DESCRIPTION OF ITEMS AND/OR PRODUCTS
In compliance with applicable regulations, and in particular Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the SELLER provides, in each section of the Website and according to the type of product, information about the product, its features and its price:
Clothing, t-shirts, fleeces and personalised caps.
The items and/or products offered, as well as any others that may be offered through the website in the future, shall be delivered in exchange for the corresponding payment by the CONSUMER, conferring on them a right of use subject to the timeframes, conditions and terms of these General Terms and any applicable Specific Terms.
Notwithstanding the above, the SELLER reserves the right to withdraw, replace or change the items and/or products offered through the Website by simply updating their content.
The items and/or products available on the Website at any given time shall be governed by the General Terms in force at that time. The SELLER also reserves the right to cease offering, without prior notice and at any time, access to the said items and/or products.
The descriptions established in each case shall govern the SELLER's provision of items and/or products to the CONSUMER.
4.1. Availability of items and/or products
The availability of items and/or products offered by the SELLER through the Website may vary depending on consumer demand. Although the SELLER updates stock periodically, the product requested by the CONSUMER may be out of stock at that time. In such cases, the SELLER will contact the user by email or telephone to resolve the issue, offering an alternative similar product, the option to wait until the selected product is back in stock, or the cancellation of the order.
4.2. Price display and validity
Prices for items and/or products are always displayed in Euros (€) and include the applicable Value Added Tax (VAT) or other applicable taxes, which shall be those in force at all times.
VAT is included in these prices. Unless expressly stated otherwise, prices do not include shipping, handling, packaging, shipping insurance or any other additional services related to the purchased product.
Shipping costs for items and/or products are the responsibility of the CONSUMER and will be added to the total amount of the selected items and/or products. You will be informed of these costs before confirming your order and completing the purchase process.
Prices displayed on the Website apply exclusively to items and/or products offered through said Website and for as long as they remain published and automatically applied during the final stage of the purchasing process.
The SELLER expressly reserves the right to modify prices at any time without prior notice. However, the prices in force at the time the corresponding order is placed shall always apply.
By ticking the box "I authorise and request that my purchase invoice be sent in electronic format", displayed at the end of the purchasing process, the CONSUMER authorises and expressly consents to the SELLER issuing and sending the purchase invoice for the order to their email address in electronic PDF format, unless the CONSUMER does not authorise this and expressly requests the invoice in paper format by ordinary post.
The consumer's right to receive the invoice in paper format shall not be subject to any additional charge.
To do so, please contact Customer Services on (+34) 622 13 00 17 or by email at atencionalcliente@esenziaclub.com, requesting the purchase invoice for your order in paper format, which the SELLER will send by ordinary post to the address indicated by the CONSUMER.
For any queries regarding your order, changes to your delivery or billing address, or to correct errors in the data provided, the CONSUMER must contact the SELLER by phone on (+34) 622 13 00 17 or by email at atencionalcliente@esenziaclub.com, always including the order number assigned and indicated in the purchase confirmation email.
5. PURCHASING PROCESS
The contracting procedure in the online store may only be conducted in Spanish.
All order processing, contract conclusion and subsequent communications with the CONSUMER will be carried out in Spanish.
Should the process be available in another language, this will be indicated before the purchasing procedure begins.
To access the items and/or products offered by the SELLER, the CONSUMER must register on the website by creating a user account, or proceed as a guest user without prior registration. To do so, the CONSUMER must freely and voluntarily provide the personal data required in the "Register" form.
The CONSUMER will select a username and password, committing to use them diligently and not share them with third parties, and to notify the SELLER of any loss, theft or possible unauthorised access, so that the account can be blocked immediately. The CONSUMER shall be solely responsible for any damages resulting from improper use of their credentials due to inadequate safekeeping or misuse.
The CONSUMER is responsible for treating their registered username and password confidentially and responsibly, and may not transfer them to any other person.
The CONSUMER may not choose a username that could mislead others into believing they are a member of the SELLER's organisation, or that contains offensive, defamatory or otherwise unlawful expressions contrary to law or accepted standards of morality.
Once the purchasing process is complete, the SELLER's platform will notify the CONSUMER by email of all relevant details, including product features, price, shipping method, date of purchase and estimated delivery time.
Once the CONSUMER account has been created, and in accordance with Article 27 of Law 34/2002 of 11 July on Information Society Services and Electronic Commerce, the purchasing process will follow these steps:
To check the status of pending orders, the CONSUMER must access "My Account". After logging in, they can access their orders page, where orders are listed by date with their current status.
Communications, purchase orders and payments made during transactions on the Website may be archived and stored in the SELLER's computerised records as evidence of transactions, in compliance with applicable security standards and regulations, and in particular GDPR EU 2016/679 and LOPDGDD 3/2018, and the rights of users under this Website's privacy policy.
6. TECHNICAL MEANS FOR CORRECTING ERRORS
The CONSUMER is informed that if they have provided incorrect data when placing their order on the Website, they may correct it by contacting the SELLER through the contact form on the Website, by emailing atencionalcliente@esenziaclub.com, by calling Customer Services on (+34) 622 13 00 17, or through the "My Account" personal area.
7. PAYMENT METHODS
To proceed with payment, the CONSUMER must follow all instructions displayed on the Website. Payment for items and/or products may only be made using the payment methods available on the Website at any given time.
In the case of payment by credit and/or debit card, payment will be subject to verification and authorisation by the card-issuing entity. If authorisation is not granted, the purchasing process cannot continue, the order will be automatically cancelled, and the sale shall be deemed not to have taken place. The total price, including any applicable taxes, will be displayed when finalising the order.
To reinforce the security and protection of online purchases, the SELLER has implemented the necessary processes to enhance transaction security through the use of a payment service provider and a banking intermediary that guarantee the confidentiality and security of transactions, enforcing authentication for each purchase made through the website as required by payment security regulations (PSD2).
All payment orders are identified by a code generated by the payment provider, without which no transaction will be authorised by the corresponding bank. This code enables the SELLER to process the corresponding charges without needing to store payment card data.
Under no circumstances will the SELLER store data provided by CONSUMERS through the payment gateway in its own computer systems. Such data will only be retained for the duration of the purchase and payment process and until the withdrawal period has elapsed.
The following payment methods are available on the Website:
Purchases may be delayed for anti-fraud verification purposes and may also be suspended for a longer period for more thorough investigation, in order to prevent fraudulent transactions.
8. VALUE ADDED TAX
In accordance with Article 68 of Law 37/1992 of 28 December on Value Added Tax, the delivery of items and/or products shall be deemed to take place within the Spanish VAT territory if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta and Melilla, where their respective tax rates apply. The applicable VAT rate shall be the one legally in force at any given time for the specific item in question.
In accordance with COUNCIL DIRECTIVE (EU) 2017/2455 of 5 December 2017 amending Directive 2006/112/EC and Directive 2009/132/CE as regards certain value added tax obligations for supplies of services and distance sales of goods, purchase orders will be localised, for delivery and/or provision purposes, in the EU Member State in which the delivery address is located, and the applicable VAT rate will be that in force in said Member State.
For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT pursuant to Law 37/1992 and DIRECTIVE (EU) 2017/2455, without prejudice to the application of the corresponding taxes and customs duties in accordance with the regulations in force in each of these territories. The CONSUMER should be aware that customs duties and taxes may apply upon arrival in these territories, and that these costs may be borne by the CONSUMER.
For all other destinations, applicable regulations in force at any given time will apply. The CONSUMER should be aware that this may result in customs duties and taxes being applied upon arrival in the destination country in accordance with local regulations, and that these costs may be borne by the CONSUMER. For further information, the CONSUMER should contact the customs office at the destination.
9. ORDER PROCESSING
Once payment of the total amount indicated during the purchasing process has been confirmed, the SELLER will begin processing the order.
The SELLER does not guarantee the price offered for an order for more than five days from its date. If payment has not been made within five days using the established payment methods, the price may be subject to change.
The CONSUMER is also advised to print and/or save a copy on a durable medium of the sale conditions when placing their order, as well as the receipt of acknowledgement sent by the SELLER by email.
The SELLER will deliver the items and/or products in a manner identical to how they are presented on the website.
Goods are shipped to their destination with all-risk insurance taken out by the SELLER, the cost of which is included in the handling and shipping fee.
In the event of any incident detected during delivery, the CONSUMER must contact the SELLER using the contact form, providing full details of the delivery issue.
10. SHIPPING CONDITIONS FOR ITEMS AND/OR PRODUCTS
Items and/or products purchased through the Website will be shipped, duly protected in MRW packaging — the transport agency contracted by the SELLER for this purpose — to the postal address indicated on the order form. This address may not be a PO box or a public location such as a public road, square, station, airport or similar.
Delivery times for items and/or products will depend on the destination, and in all cases begin from the moment the SELLER receives payment for the order. However, the SELLER shall not be held liable for any failure to meet these dates due to circumstances beyond its control.
In the event that the SELLER is unable to fulfil the contract due to the unavailability of the purchased item, the CONSUMER will be informed by email and the SELLER will reimburse all amounts paid without undue delay.
In the event of unjustified delay by the SELLER in refunding amounts paid, the CONSUMER may claim twice the amount owed, without prejudice to their right to be compensated for any damages exceeding that amount.
10.1. Order delivery times
Orders placed by the CONSUMER through the Website can currently be shipped to residents in any location within mainland Spain, the Balearic Islands and EU member countries.
In accordance with Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market, consumers and users residing in EU countries have the right to freely access any online store regardless of the EU country in which they reside, as blocking access to an e-commerce website is prohibited.
Accordingly, the SELLER confirms that the sale of items and/or products is not limited to residents in the Balearic Islands, Canary Islands, Ceuta or Melilla. However, the SELLER does not ship to residents in the Canary Islands, Ceuta or Melilla, and advises consumers in these territories that if they place orders through the Website, the shipping costs and logistics for delivering purchased items and/or products to their place of residence will be entirely at their own expense. The SELLER accepts no responsibility in this regard.
Once payment is confirmed and the requested items and/or products are available, orders will be dispatched from the SELLER's warehouse to the delivery address provided by the CONSUMER.
Delivery times will depend on the CONSUMER's physical location or, where applicable, the locations of individual recipients, as well as the time at which the order is placed (official Spanish mainland time).
For orders of any type of item and/or product offered on the Website placed before 13:00, delivery — once payment is confirmed — will be made to the address freely designated by the CONSUMER within the following estimated timeframes:
| Delivery Zone | Estimated Delivery Time |
|---|---|
| Mainland Spain | 2–3 business days from payment confirmation for non-personalised products / 15 business days for personalised products |
| Balearic Islands | 4–5 business days from payment confirmation for non-personalised products / 15 business days for personalised products |
| European Union Countries | 4–5 business days from payment confirmation for non-personalised products / 20 business days for personalised products |
In the event of a shipping delay and consequent failure to meet the estimated delivery timeframe, the SELLER will contact the CONSUMER by email or telephone to resolve the issue, offering an alternative similar product, the option to wait until the selected product is ready for dispatch, or the cancellation of the order.
As a general rule, and unless circumstances relating to the personalisation of items and/or products or unforeseen extraordinary circumstances arise, we will dispatch the order within the delivery times indicated above, and in any case within a maximum of 30 business days from the date of order confirmation.
10.2. Delivery times affected by COVID-19
The SELLER informs CONSUMERS, so that they may manage their expectations, that the current situation may affect normal order delivery times. CONSUMERS are also informed that the availability of items and/or products offered in the online store may be subject to potential restrictions in delivery times and schedules.
Accordingly, should deliveries be impossible or likely to be delayed beyond the established timeframe, the SELLER offers CONSUMERS the option to have their orders sent once the current situation has normalised, or to cancel the order and receive a full refund of the amount paid as quickly as possible.
10.2.1. Hygiene measures for order preparation due to COVID-19
In response to the COVID-19 health crisis, the SELLER has implemented the following hygiene measures in the preparation of orders placed through the website:
10.2.2. Order delivery procedures due to COVID-19
10.3. Shipping costs for items and/or products
Shipping costs for orders, including applicable taxes, will be displayed during the purchasing process before the order is finalised. They are as follows:
| Delivery Zone | Shipping Cost |
|---|---|
| Mainland Spain | €5.30 (taxes included) |
| Balearic Islands | €9.00 (taxes included) |
| European Union Countries | €12.00 (taxes included) |
10.4. Free shipping
As a general rule, provided the order is dispatched from the same location, standard shipping costs are €3.90 for deliveries to the Iberian Peninsula (Spain and Portugal), €8.90 to the Balearic Islands, €19 to the Canary Islands, €26 to Ceuta and Melilla, €4.90 to Germany, France, Italy and the Netherlands, £5.90 to the United Kingdom and $5.90 to the United States. Shipping is free for orders of €90 or more to the Iberian Peninsula, €150 or more to the Balearic and Canary Islands, €250 or more to Ceuta and Melilla, €120 or more to Europe, £120 or more to the United Kingdom and $120 or more to the United States, regardless of the weight of the order or the delivery location within each territory.
Some orders may be dispatched directly from our physical stores due to insufficient warehouse stock. In these cases, shipping may be slower, as the order is prepared in-store, collected along with other shipments, sent to our logistics warehouse and then delivered to the customer. Thank you for your understanding.
10.5. Failed delivery
If delivery of your order cannot be completed, the Website's customer service team will contact the CONSUMER to arrange a new delivery date if they are not available at the delivery location at the agreed time.
If, after 15 days from when the order became available for delivery, the order has not been delivered for reasons not attributable to the SELLER, we will consider that the CONSUMER wishes to withdraw from the contract and the contract shall be deemed terminated. As a result, we will refund all payments received, including delivery costs (with the exception of any additional costs arising from the CONSUMER's choice of a delivery method other than the least expensive standard option we offer), without undue delay and in any case within a maximum of 14 days from the date on which we consider the contract terminated. Please note that the return transport resulting from termination may incur an additional cost, which we are entitled to charge to the CONSUMER accordingly.
If for any reason we are unable to meet the delivery date, we will notify the CONSUMER and offer them the option to proceed with the purchase by setting a new delivery date or to cancel the order with a full refund.
For the purposes of these Terms, "delivery" or the order being "delivered" shall be understood to have taken place at the moment when the CONSUMER or a third party indicated by the CONSUMER takes physical possession of the items and/or products, as evidenced by the signature of receipt at the agreed delivery address.
The SELLER accepts no liability for failed delivery resulting from false, inaccurate or incomplete information provided by the CONSUMER, assuming any other responsibility related to non-delivery of the order.
Notwithstanding the above, the SELLER must take the measures required of a diligent trader to ensure delivery within the agreed timeframe.
If the CONSUMER does not receive their order within the delivery times set out in these Terms from the date of dispatch from the warehouse, they may contact us by phone on (+34) 622 13 00 17 or by email at atencionalcliente@esenziaclub.com
The SELLER will make every effort to meet the stated delivery time and will notify the CONSUMER by email or telephone if it becomes aware that this will not be possible.
The SELLER will inform the CONSUMER of product unavailability as soon as it has been notified by the supplier, or of the impossibility of supplying the requested product.
The CONSUMER may then decide whether to cancel the order or request a quote for an alternative product with similar characteristics.
10.6. Promotional codes: Terms and conditions
The SELLER may issue single-use promotional codes as an incentive for CONSUMERS. If the SELLER believes a CONSUMER has deliberately circumvented the measures established to restrict such use, the SELLER may adjust the CONSUMER's subsequent order accordingly. By using promotional codes, it is the CONSUMER's responsibility to verify that the relevant promotion or discount is correctly reflected at the time of payment and during the applicable period.
CONSUMERS must contact the SELLER immediately if they detect any error or if a promotional code is not correctly applied to their purchase.
The types of offers and promotions provided by the SELLER may vary according to its own needs. Each promotional code made available to CONSUMERS will specify the items and/or products to which it applies, the benefits it offers and its expiry date.
The offer is subject to a valid registration and acceptance of the website's standard terms and conditions.
Promotional codes are non-transferable and may not be sold or exchanged. Only one promotional code may be used per CONSUMER, and it applies exclusively to purchases of items and/or products made through the online store. Use of any promotional code constitutes acceptance of these terms and conditions.
11. ORDER CANCELLATION AND RIGHT OF WITHDRAWAL
11.1. Legal right of withdrawal
Where the buyer is a CONSUMER and the contract is concluded without the simultaneous physical presence of the CONSUMER and the SELLER (distance selling), the CONSUMER shall have the right of withdrawal described in this section.
The CONSUMER has the recognised right to withdraw from a purchase made through the Website and, therefore, if not satisfied and provided the nature of the service purchased so permits, may return it within a maximum period of fourteen (14) calendar days, without giving any reason and without penalty.
The withdrawal period is 14 calendar days from the day on which the CONSUMER or a third party indicated by the CONSUMER (other than the carrier) receives the purchased product, or from the date of receipt of the last item in the case of a single order delivered in multiple shipments.
To exercise the right of withdrawal, the CONSUMER must notify their decision to withdraw from the contract through a declaration made in any legally admissible form. The standard withdrawal form below may be used, although this is not mandatory.
11.2. Standard withdrawal form
SELLER details:
ESENZIA ENTERPRISE 2019, S.L. Tax ID: B16837858 Address: C/ Ciudad de Montilla, Block 3, 1st Floor, No. 4 – 41008 Seville (Spain) Tel. (+34) 622 13 00 17 | Email: atencionalcliente@esenziaclub.com
I hereby notify you of my withdrawal from the purchase/sale contract for the following product ___ purchased on ___ Consumer name: ID/NIE: Consumer address: Telephone: Email: Signature: Date:
To exercise the right of withdrawal, the CONSUMER must notify the SELLER of their decision to withdraw from the purchase contract by written communication addressed to C/ Ciudad de Montilla, Block 3, 1st Floor, No. 4 – 41008 Seville (Spain), or by email to atencionalcliente@esenziaclub.com. If this option is chosen, we will acknowledge receipt of the withdrawal without delay by email.
Click here to download the withdrawal form.
11.3. Consequences of exercising the right of withdrawal
In the event of withdrawal, the SELLER will refund the CONSUMER the full purchase amount — i.e. the product price plus the original shipping costs — within fourteen (14) calendar days of being informed of the CONSUMER's decision to withdraw, using the same payment method used for the original transaction, unless the CONSUMER has expressly agreed otherwise and provided no additional costs are incurred by the CONSUMER as a result.
The refund will be made using the same payment method used by the CONSUMER for the original transaction, unless the CONSUMER has expressly agreed otherwise and provided no additional costs are incurred as a result.
The SELLER may withhold the refund until the items and/or products have been received, or until the CONSUMER has provided satisfactory and verified proof of their return, whichever condition is met first.
For the purposes of exercising the right of withdrawal, it is not a condition that items and/or products be returned in their original packaging. However, the SELLER informs the CONSUMER that if items and/or products are not returned in their original packaging, the goods may depreciate in value. In the event that they are returned without original packaging or with damage, the refund amount will be reduced accordingly.
The CONSUMER shall be responsible for any diminution in the value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.
For the purposes of exercising the right of withdrawal, it is essential that returned items and/or products are in perfect condition for resale. Before returning a product, the CONSUMER must ensure it is adequately protected to prevent damage during transit.
The CONSUMER is informed that upon exercising the right of withdrawal, the return shipping costs for items and/or products (i.e. the cost of returning goods from the CONSUMER's address to the SELLER's warehouse) shall always be borne by the CONSUMER.
To meet the withdrawal deadline, it is sufficient for the communication exercising this right to be sent, in the form and substance described, before the relevant deadline expires.
11.4. Exceptions to the legal right of withdrawal
The legal right of withdrawal does not apply to items and/or products where, by their very nature, withdrawal is not possible, without prejudice to the corresponding claim for damages, including in particular but not exclusively:
The consumer's right of withdrawal expires early if the SELLER, with the consumer's express consent or at the consumer's request, has already fully performed the contracted service before the withdrawal period has expired.
Accordingly, the CONSUMER does not have a legal right of withdrawal if the SELLER provides items and/or products made to the consumer's specifications, supplies items and/or products clearly designed to meet their individual needs, items that have been unsealed and/or used after delivery, or if the CONSUMER has themselves requested the commencement of a service before the withdrawal period has expired.
12. WARRANTIES APPLICABLE TO ITEMS AND/OR PRODUCTS
All products purchased by the CONSUMER through the Website carry a statutory warranty of three years against any lack of conformity that becomes apparent from the date of delivery, under the conditions and with the means of proof regulated by Royal Legislative Decree 1/2007 of 16 November, approving the consolidated text of the General Law for the Protection of Consumers and Users and other complementary laws, as amended by Royal Decree-Law 7/2021 of 27 April, without prejudice to the SELLER's right to verify the veracity of defects, their origin and the time of their appearance.
The warranty period begins on the date the SELLER delivers the goods to the CONSUMER, which is presumed to be the date shown on the invoice, purchase receipt or delivery note if issued later.
The SELLER shall be liable to the CONSUMER for any lack of conformity existing at the time of delivery that becomes apparent within three years of delivery. The CONSUMER may, by means of a simple declaration, require the SELLER to remedy the lack of conformity through repair, replacement, price reduction or termination of the contract. These processes shall be free of charge to the CONSUMER.
Where repair or replacement is appropriate, the CONSUMER shall make the goods available to the SELLER, who shall collect the replaced goods at their own expense in the manner least inconvenient to the CONSUMER, depending on the type of goods involved.
Goods sent for repair or replacement must correspond to those originally sent by the SELLER, accompanied by the invoice or proof of purchase, and must be properly packaged and protected. If the goods arrive at the SELLER's premises with damage attributable to inadequate packaging or protection, the repair may not be covered under the warranty, and the CONSUMER will be informed accordingly.
Regarding repair and replacement, free-of-charge coverage includes shipping costs, as well as labour and materials used in the repair, but not the installation of the goods at the CONSUMER's premises.
Products are nonetheless considered to conform to the contract provided they meet all of the following requirements:
(i) They match the description provided by the SELLER and possess the qualities of the product presented to the CONSUMER by way of a sample or model through the Website. (ii) They are fit for the purposes for which products of the same type are ordinarily used. (iii) They display the quality and performance typical of a product of the same type that the CONSUMER could reasonably expect, given the nature of the product.
Unless proven otherwise, any lack of conformity that becomes apparent within two years of delivery shall be presumed to have existed at the time of delivery, except where this presumption is incompatible with the nature of the goods or the type of lack of conformity (such as misuse, neglect by the CONSUMER, or an external cause such as a fall or impact), in which case the statutory warranty shall not apply.
If a defect appears during the third year of the warranty, it shall be the CONSUMER's responsibility to prove that the defect existed at the time of delivery.
Where it is impossible or excessively burdensome for the CONSUMER to approach the SELLER regarding the lack of conformity, the CONSUMER may claim directly against the product manufacturer to have the goods brought into conformity.
As a general rule, and without prejudice to the cessation of the producer's liability, the producer shall be liable, under the same timeframes and conditions established for the SELLER, for any lack of conformity relating to the origin, identity or suitability of the goods, in accordance with their nature and purpose and with the regulations governing them.
Whoever has been held liable to the CONSUMER shall have a period of one year to seek redress from the party responsible for the lack of conformity. This period shall begin from the moment the corrective measure was implemented.
Warranty exclusions
The warranty does not cover deficiencies caused by improper use or handling, or defects resulting from any external cause.
The warranty also does not cover damage caused by external factors such as weather conditions, fire, water, abnormal use, burns, cuts, abrasion, creasing, marks, scratches or other damage that may be caused by animals, accidental falls or incorrect use.
Claims for natural loss of brightness or its degradation, colour deterioration caused by exposure to sunlight or other heat sources, or use of or contact with chemicals and inappropriate cleaning products are not covered by the warranty.
Disclaimer of liability
The SELLER is not obliged to compensate the CONSUMER or third parties for the consequences of improper use of the goods, whether for direct or indirect damages, personal accidents, damage to property other than the purchased goods, loss of profits or loss of earnings.
For guidance on the steps to follow in the event of a product issue, please contact our CUSTOMER SERVICE AND AFTER-SALES TEAM directly by phone on (+34) 622 13 00 17 or by email at atencionalcliente@esenziaclub.com
Click here to download the Andalusian Regional Government complaints forms.
13. RETURNS OF ITEMS AND/OR PRODUCTS
The CONSUMER may return products received in poor condition, whether due to a manufacturing defect or fault (provided such defects were not caused by misuse or improper handling by the CONSUMER), products received that do not correspond to those indicated in the original order, or products damaged in transit (in cases where the packaging arrives open or broken and part of the goods may have been lost).
In the case of a defective product, the SELLER is liable for any lack of conformity that becomes apparent within three years of delivery. The CONSUMER must inform the SELLER of the lack of conformity as soon as they become aware of it.
In cases where the CONSUMER considers that the product delivered does not comply with what was stipulated in the contract, they must contact the SELLER as soon as possible through the contact form or by email at atencionalcliente@esenziaclub.com, providing the product details and documenting the anomaly noted in the delivered product by sending photographs that clearly show that the product arrived open, does not match what was ordered, or is defective.
The CONSUMER must return the goods to the SELLER, via courier or their own means, properly packaged and protected for shipping.
The SELLER only accepts returns of products purchased on the Website that have not been tampered with, that do not correspond to those ordered, that present manufacturing defects, or that arrived open or damaged in transit, within a maximum of 14 days from the date of delivery. Returns of parts that have been assembled or tested will not be accepted.
The CONSUMER has an additional 14 calendar days to send the product from the date the SELLER acknowledges receipt of the return request.
Return shipping costs shall be borne by the CONSUMER, unless the reason for the return is a manufacturing defect or anomaly, an incorrectly dispatched product, or goods that arrived open or damaged, in which case return costs shall be borne by the SELLER.
In the case of an exchange, the CONSUMER must pay for both the return and new delivery shipping costs.
It is not a condition that products be returned in their original packaging. However, the SELLER informs the CONSUMER that if products are not returned in their original packaging, the goods may depreciate in value.
Once the original goods have been received, their condition will be assessed and the SELLER will notify the CONSUMER by email whether they are entitled to repair, replacement, price reduction or termination of the contract.
We may withhold any refund until the goods have been received, or until the CONSUMER has provided proof of their return, whichever condition is met first.
Any refund the SELLER is required to make to the CONSUMER in connection with a price reduction or termination of the contract shall be carried out without undue delay and, in any case, within fourteen days of the date on which the SELLER was informed of the consumer's decision to exercise their right.
Notwithstanding the above, in the case of termination of a contract for the sale of goods, the refund period shall begin from the date the SELLER receives proof from the CONSUMER that the goods have been returned.
The SELLER will process the refund using the same payment method used by the CONSUMER to purchase the goods, unless otherwise expressly agreed between the parties, and provided this does not incur any additional cost to the CONSUMER. The SELLER will not impose any charge on the CONSUMER for the refund.
For guidance on the steps to follow when returning a damaged, incorrect or defective product, please contact our CUSTOMER SERVICE AND AFTER-SALES TEAM directly by phone on (+34) 622 13 00 17 or by email at atencionalcliente@esenziaclub.com
14. PERSONAL DATA PROCESSING
In accordance with GDPR EU 2016/679 and LOPDGDD 3/2018, the SELLER informs CONSUMERS of the online store at https://esenziashop.es that all personal data provided through electronic contact or registration forms on the Website, or via emails sent to any email account under the domain esenziashop.es, forms part of the SELLER's Records of Processing Activities (RPA), which will be updated periodically. This data will be used by the relevant company departments to provide services to the CONSUMER, process orders (management, billing and dispatch of purchased items and/or products), send newsletters about the SELLER's offers, promotions and recommendations, and send commercial communications about items and/or products via post, telephone, email, SMS/MMS, WhatsApp, Telegram or other equivalent electronic communication channels, provided the data subject has consented to the processing of their personal data for this purpose.
The legal basis for processing is the performance of a contract to which the data subject is party, or the application of pre-contractual measures at the data subject's request, or the data subject's express consent. Personal data will be retained for as long as there is a mutual interest in doing so, from the moment consent is given until it is withdrawn or a restriction on processing is requested. In such cases, data will be retained in a blocked state for the periods required by law. Data will not be shared with third parties, except where required by law.
By entering their data in the electronic forms on the Website, the CONSUMER grants their explicit and unambiguous consent to the SELLER to process the personal data provided for the purposes described above.
Such data will not be shared by the SELLER with third parties without the CONSUMER's explicit and unambiguous consent, without prejudice to the SELLER's duty to cooperate with competent administrative and judicial bodies that may request data relating to the CONSUMER concerned.
The SELLER also informs the CONSUMER of their right to access personal data, rectification, erasure (right to be forgotten), restriction of processing, data portability, objection to processing and the right not to be subject to automated individual decision-making, and, where processing is based on consent, the right to withdraw it at any time. These rights may be exercised by written request addressed to C/ Ciudad de Montilla, Block 3, 1st Floor, No. 4 – 41008 Seville (Spain), or by email to atencionalcliente@esenziaclub.com, attaching in both cases a valid proof of identity such as a copy of the national ID, NIE or passport, and clearly stating the right to be exercised.
If you consider that the processing does not comply with applicable regulations or that your rights have been infringed, you may also lodge a complaint with the Spanish supervisory authority at https://www.aepd.es. Our Privacy Policy is available at https://esenziashop.es/politica-de-privacidad
15. LIABILITY AND DISCLAIMER
The SELLER cannot guarantee the technical continuity of the Website, the absence of service failures or interruptions, or that the Website will be available or accessible one hundred per cent of the time. The Website is hosted on a secure server with the necessary SSL security certificate, which are the tools available to the SELLER to control the absence of viruses, worms or any other harmful software.
Under no circumstances shall the unavailability of the Website, or the existence of faults therein, entitle the CONSUMER or third parties to claim any form of compensation or reward.
16. INTELLECTUAL AND INDUSTRIAL PROPERTY
The Website, including but not limited to its programming, editing, compilation and other elements necessary for its operation, as well as designs, logos, text and/or graphics, are the property of the SELLER or are used under an express licence or authorisation from their authors.
All content on the Website is duly protected by intellectual and industrial property regulations and registered with the relevant public registries.
Any total or partial reproduction, use, exploitation, distribution or commercialisation requires prior written authorisation from the SELLER.
Any unauthorised use shall be considered a serious infringement of the author's intellectual or industrial property rights.
Designs, logos, text and/or graphics belonging to third parties that may appear on the Website remain the property of their respective owners, who are solely responsible for any disputes that may arise regarding them.
The SELLER acknowledges the corresponding intellectual and industrial property rights of their respective owners. Their mere mention or appearance on the Website does not imply any rights or liability on the part of the SELLER, nor does it constitute endorsement, sponsorship or recommendation.
17. LINKS
The inclusion of a hyperlink does not imply any relationship between the SELLER and the owner of the linked website, nor does it constitute acceptance or approval by the SELLER of its content or services.
Anyone wishing to establish a hyperlink must first request written authorisation from the SELLER. Hyperlinks may only provide access to the homepage of the linked websites and must not include false, inaccurate or misleading statements about the SELLER, or contain unlawful content contrary to accepted standards or public order.
The SELLER is not responsible for how users make use of the information available on the Website or the actions they take based on it.
The SELLER assumes no responsibility for the content of third-party websites accessible via links from any website owned by the SELLER. The presence of links on the SELLER's Website is for informational purposes only and does not constitute a suggestion, invitation or recommendation.
18. GENERAL PROVISIONS
These Terms have been presented with due notice in accordance with applicable legislation. The SELLER also makes these General Terms available in a format that can be stored and reproduced, thereby complying with the legal duty of prior disclosure.
Click here to download the General Terms and Conditions of Sale.
The SELLER reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website's online store, its functionalities and/or the content incorporated therein, as well as to cease providing services at any time, while maintaining all commercial or other obligations assumed up to that point.
Should any provision or provisions of these Purchase Terms be found to be null and void or unenforceable, in whole or in part, by any competent court, tribunal or administrative body, such nullity or unenforceability shall not affect the remaining provisions. In such cases, the affected clause or clauses shall be replaced by others with the most similar effect to those replaced.
19. CUSTOMER SERVICE AND AFTER-SALES
For any enquiries, suggestions, complaints or claims regarding the purchase of items and/or products, please contact us by completing the contact form on the Website, by emailing atencionalcliente@esenziaclub.com, by calling Customer Services on (+34) 622 13 00 17, or via WhatsApp on (+34) 622 13 00 17, during the following hours:
20. EUROPEAN ONLINE DISPUTE RESOLUTION PLATFORM
Should the CONSUMER have encountered a problem with an online purchase or the provision of an online service, they may use this platform to submit any complaint relating to said transaction or service, and to opt for extrajudicial resolution of the dispute.
Pursuant to Article 14.1 of Regulation (EU) 524/2013, applicable across the European Union, and Law 7/2017 of 2 November incorporating Directive 2013/11/EU into Spanish law, the SELLER makes the following link available to Website users: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
Through this link, CONSUMERS of the Website can access the European Online Dispute Resolution (ODR) platform for consumer disputes.
21. EVENTS BEYOND OUR CONTROL
We shall not be liable for any failure or delay in fulfilling any of our obligations where such failure or delay is caused by events beyond our reasonable control ("Force Majeure Event").
Force Majeure Events include any act, event, failure to exercise, omission or accident beyond our reasonable control, including in particular:
Our obligations shall be deemed suspended for the period during which the Force Majeure Event continues, and we shall have an extension of time to fulfil those obligations equal to the duration of the Force Majeure Event. We will make every reasonable effort to bring the Force Majeure Event to an end or to find a solution that enables us to fulfil our obligations despite the Force Majeure Event.
22. JURISDICTION
These General Terms are governed by Spanish law. The parties submit, at the CONSUMER's choice, and waiving any other jurisdiction, to the courts and tribunals of the CONSUMER's place of domicile for the resolution of any disputes.
We also remind you that you may access the EU's online dispute resolution platform at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Should any clause included in these General Terms be declared wholly or partially null and void or ineffective, such nullity or ineffectiveness shall only affect that provision or the part thereof that is null or ineffective. The remaining General Terms shall continue in full force and effect, and the affected provision shall be considered wholly or partially excluded.
These Terms are likewise subject to any other provision, regulation or law directly or indirectly applicable to them.
