These Terms and Conditions (hereinafter “Terms”) apply to all orders and purchases of products from ECUS CARE S.L.U., under its brand Ecus Kids (hereinafter “Ecus Kids”), made through the Ecus Kids website (https://ecuskids.com/) (hereinafter “Website”).

This contract is entered into with ECUS CARE S.L.U., with registered office at Ctra. de Valencia s/n Yecla (Murcia), N.I.F. B72735715, and commercial registry in Murcia, volume 3610 of Companies, Folio 30, Sheet number MU-108976, Entry 1.

The Website allows the user to learn about and purchase our products, as well as interact with Ecus Kids. At any time, Ecus Kids may change, suspend, or discontinue any functionality of the Website, including the operating hours or accessibility of the Website or the availability of any product or functionality, without prior notice to the user.

Use of the Website, including the purchase of Ecus Kids mattresses and any other product (hereinafter “Products”), is subject to these Terms, the Privacy Policy , and the provisions of our Additional Warranty also explained in these Terms.

When you place an order directly from the Website, you indicate that you agree to the Terms as written in this document. During the purchase process, you must expressly indicate acceptance of these Terms. There can only be a deviation from these Terms if Ecus Kids agrees in writing. If you do not agree with these Terms, you must refrain from using the Website now or in the future. If you have any questions about the Terms, contact us at hablamos@ecuskids.com or by phone +34 868 48 20 46.

Ecus Kids may offer the Products through other authorized distribution channels, such as other sellers and websites; in such case, the terms, conditions, and policies applicable to those sellers may differ from these Terms.

1. Privacy Policy

See our Privacy Policy on our Website for more information about the collection and use of user data and information. The Privacy Policy is part of these Terms.

2. Electronic communications

By visiting our Website or sending us emails, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. As a user, you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. We may also communicate with you via chat or phone. If you do not wish to be contacted by phone, you must expressly inform us.

3. Capacity

This Website is not directed at users under 16 years old. If you are under 16, do not use or access this Website. If the user purchases Products through the Website on behalf of another person, entity, or organization, they assume and guarantee that they have the right and capacity to represent and bind that other person, entity, or organization to these Terms. You may only place an order or purchase on the Website if you are a consumer and not a reseller.

4. Conclusion of the sales contract

When the user is sure that their purchase proposal for the Products is correct, they will be asked to declare that they have read and accepted these Terms and the Privacy Policy. This prerequisite must be met for Ecus Kids to receive the purchase offer for the Products. By submitting your purchase offer, you guarantee that the information you have provided in your request or order is accurate and complete.

Before submitting the final purchase, you have the opportunity to check your information again to modify your data or cancel the purchase. By submitting your order through the “Complete Purchase” button, you are making a binding offer. If you wish to cancel it, you just have to close the browser in which you are making the purchase.

Ecus Kids reserves the right to review an order in advance at any time and/or to reject a specific order without having to provide any justification and without any contractual or non-contractual liability towards the customer or any third party. If Ecus Kids does not confirm acceptance of the order within 15 business days, the order will be considered rejected. Ecus Kids may choose not to accept the order in these cases:

– If the Product(s) appear(s) on the Website but is/are not available.
– If we cannot obtain payment authorization.
– If there are shipping restrictions on a product.
– If the Product(s) displayed on the Website contains an (obvious) error, such as the Product(s) having an incorrect price or being described or displayed incorrectly.
– If we cannot process the order for technical reasons.
– If we know or suspect that an order has been placed with the help or participation of any software, robot, crawler, spider, or other automated means or device.
– In case we do not accept the order (or part of it), we will have the right to cancel the order (or part of it) without incurring any liability to the customer or any third party. After cancellation, we will refund the amount paid for the canceled order or part of it.

We reserve the right to cancel the order once the purchase contract for the Products has been concluded, thereby terminating the purchase contract, for the reasons stated above. After the cancellation of the purchase contract, we will refund the amount paid for the canceled order or the canceled part of it.

After placing the order, we will send you a confirmation email with your order number and the details of the Products you have purchased along with the details of any delivery service. Failure to receive this email may be due to an error in processing the order or an error in the email address provided. In any case, we recommend that you contact our Customer Service by phone at +34 868 48 20 46 or by email at hablamos@ecuskids.com.

The acceptance of the order and the formation of a contract for the purchase and sale of the Products between Ecus Kids and the customer will not take place until the latter receives confirmation from us that the Products have been shipped to them. After the order acceptance confirmation, a purchase contract will be concluded between Ecus Kids and the customer, governed by these Terms. Modifications or additions to the contract will only be valid if confirmed by us in writing.

5. Purchase of products

All Products displayed on the Website are subject to stock availability. This means that, although we strive to ensure the Website reflects stock availability, the product shown on the Website may no longer be available for purchase.

Slight color differences and other variations in the Products may be detected as a result of using different technologies in image presentation, their display, or due to other technical reasons. Ecus Kids is not responsible for these variations and deviations. The customer will have no rights arising from typographical errors, product descriptions, or other obvious errors on the Website.

6. Prices and shipping costs

The prices of the Products indicated on the Website are final prices and therefore include Value Added Tax (VAT), other taxes, and all other price components (for example, shipping costs), except in the case of deliveries to the Balearic Islands, France, Belgium, Italy, Germany, the Netherlands, Luxembourg, Austria, Denmark, and Finland. For purchases made on our Website, we do not ship to Ceuta and Melilla.

Shipments outside mainland Spain may have a longer delivery time than mainland shipments. Shipping costs are non-refundable in case of return. All amounts and sums shown on the Website are expressed in euros.

You can find more information about shipping costs in the Shipping section of our Website. The Shipping section is part of these Terms.

7. Available payment options

The Website currently uses one or more third parties to process authorized payments related to the purchase of our Products. We inform the user of the payment methods available while placing the order.

By placing an order on the Website, you agree to receive all invoices, receipts, and any credits exclusively in electronic format. However, if you need a paper invoice, you can notify us via our email hablamos@ecuskids.com so that we can send it to you by postal mail. Please send this notification as soon as you place the order.

On our Website, we offer the following payment methods: payment by credit or debit card, bank transfer, or PayPal.

– Credit or debit card. You can pay securely with a credit or debit card on our Website. We accept Visa/Visa Debit, MasterCard, American Express, Maestro, Union Pay. Your credit card details are encrypted through a high-security SSL method so that the payment can be made online in real time.

– Bank transfer. In the case of a bank transfer, we will provide the customer with our bank details in the order confirmation. As soon as the transfer of the amount is confirmed, we will proceed with the shipment of the order. The invoice amount must be transferred to our account within 10 business days. If we do not receive payment confirmation within this period, your order will be canceled. Please note that we only accept payments from European Union (EU) accounts and do not assume any costs related to a monetary transaction.

– PayPal. PayPal is another secure payment method available on our Website, where payment is made online, in real time, and through PayPal's payment gateway, once the data transmitted by the user has been verified as correct. Confidential data (credit card number, expiration date, and CVV) is not sent to the Ecus Kids server. It is transmitted directly and encrypted to PayPal's server without Ecus Kids having access to this data.

– Google Pay. With Google Pay, you can pay quickly and securely with your Android phone by just pressing a button. The actual card information is never shared with the merchant, so buyer data is always protected. When you tap to pay, Google Pay sends a virtual account number to the merchant instead of your card number. This way, your payment information remains secure. When you pay with Google Pay, your personal information will not be sold to third parties. Payment methods saved in your Google account are securely stored on Google's private servers. When you pay online, Google Pay encrypts your data to keep the payment process secure at all times.

- Apple Pay. Use Apple Pay for contactless payments on iPhone. Paying with Apple Pay is more secure than using a credit, debit, or prepaid card. To purchase with iPhone, Apple Watch, Mac, or iPad, you need to confirm the transaction with Face ID, Touch ID, or passcode. Apple Pay does not share your card number or identity, and your card data is never stored on the device or Apple servers. When paying in stores, neither Apple nor your device shares your card number with the merchant. When purchasing in Safari or apps, only the information necessary to deliver your order is shared, such as your name, email, and billing and shipping address. When you pay with a credit, debit, or prepaid card, Apple does not keep transaction data that can identify you.

- Shop Pay. The best accelerated checkout process from Shopify Payments, available in the online store, the Shop app, Facebook, Instagram, and Google. It allows buyers to complete their purchases faster thanks to one-touch payment. Buyers can use the following cards: Visa/Visa Debit, Mastercard, American Express, and other cards accepted by the Website. It provides buyers with the best order tracking tool through the Shop app, from payment to delivery. Shop Pay securely stores and encrypts buyers' shipping and billing information so the one-touch checkout experience is fast and convenient.

– Klarna. A service that allows you to make your purchases flexibly. By choosing Klarna as a payment method, you accept Klarna's terms and conditions, which may include options such as immediate payment, payment in 3 installments, or the possibility to pay 30 days after your purchase. To use this payment method, you will be connected to the platform to register and provide personal information that allows Klarna to assess your eligibility for the service at the time of purchase. By selecting Klarna, you agree to comply with the agreed payment terms. It is the customer's responsibility to ensure payments are made on time to avoid additional charges. Returns of products purchased through Klarna will be handled according to our return policy. If you have questions or concerns about your payment through Klarna, we recommend contacting their customer service directly.

For more information about payment methods, visit the section Payment methods of our Website with the same name. The section Payment methods is part of these Terms.

We reserve the right not to offer certain payment methods for specific orders due to the delivery address, a dispute between the delivery and billing locations, the order value, or other factual criteria not explained here. We have the right to determine different payment methods for each order.

8. Retention of title

All Products will remain the property of Ecus Kids until the customer has paid all amounts owed to us under any contract or agreement entered into with Ecus Kids, including payment of costs associated with previous or subsequent deliveries or partial deliveries. The customer may not sell, dispose of, or encumber any Product until ownership has been fully transferred to them.

9. Delivery

We will deliver the Products to the address you provide at the time of placing the order within Spanish territory (except Canary Islands, Ceuta, and Melilla). We can only deliver to an address corresponding to a home or workplace.

Deliveries will be made on business days; no deliveries will be made on holidays. Please note that holidays may vary from one region to another and from one year to another.

The product will generally be delivered within a maximum period of 7 business days, unless the delivery times indicated on the product page, and accepted by the customer when making the purchase, specify a longer period. The delivery time will start the day after the payment confirmation of the order and will be indicated along with the description of each product. In the case of payment by bank transfer, delivery times will start counting from the day after the transfer is reflected in our account. Deliveries will be made to street level.

Ecus Kids will only deliver products within mainland Spain, the Balearic and Canary Islands, mainland Portugal, and mainland France. At the moment, we do not deliver to Ceuta and Melilla. According to European regulations, Ecus Kids is required to provide access to its website and allow any natural or legal person to purchase any Product, regardless of their nationality, residence address, or headquarters. However, our company is not obliged to make deliveries to other foreign countries. In the event of accepting international shipping, the customer is fully responsible for all possible shipping and customs costs.

Ecus Kids is not responsible for delays caused by circumstances beyond our control. If the delivery of the Products is delayed due to an event beyond our control, we will contact the customer as soon as possible to inform them and take measures to minimize the effect of the delay. If there is a risk of delivery delay, you can contact us to terminate the contract and receive a refund for the products paid for but not received. In the case of customers, the risk of accidental loss or accidental deterioration of the sold products will transfer to the customer or the recipient designated by them at the time of delivery of the goods. This applies whether the shipment is insured or not. The transfer of risk occurs even if acceptance by the customer is delayed.

Customers are strongly urged and advised to check the integrity of the delivered Product, visible and obvious defects or transport damage, and if applicable, to notify Ecus Kids and the carrier as soon as possible. In this case, your Warranty rights will not be affected.

In the unlikely event that, after the purchase contract for the Products has been concluded, we are unable to deliver your order (or any part of it) and we are not responsible for it, we will have the right to rescind the purchase contract for the Products in question. In such case, we will inform you as soon as reasonably possible and refund any payment you have made.

10. Withdrawal policy

As a customer, that is, a natural person acting for non-commercial purposes, you have the right to terminate the contract within 14 days without any justification. The withdrawal period will start from the day the customer or a third party other than the carrier and indicated by the customer acquires physical possession of the goods.

All Ecus Kids products have a 14-day withdrawal period. The withdrawal period only applies if the products have not been used and are kept in their original packaging.

To exercise the right of withdrawal, you must open a claim in the section of the same name within your Client Area on the Website. If you have any problems with the process, you should contact us by email hablamos@ecuskids.com or by postal mail to ECUS CARE S.L.U. Ctra. de Valencia s/n Yecla (Murcia), clearly expressing your wish to withdraw from the contract.

In case of termination by you, we will process the refund of all payments received without undue delay within 14 calendar days from the date you inform us of your decision to terminate this contract. The waiting time to receive the refund, once processed, varies from one payment method to another. Ecus Kids is not obliged to refund additional delivery costs when the consumer expressly requests a different and more expensive delivery method than the generally accepted and less costly method proposed by the goods provider.

However, we may withhold your refund until we receive the products or you provide proof of return. We will carry out such refund using the same payment method used for the initial transaction, unless you have expressly agreed otherwise; in any case, you will not incur any costs as a result of the refund.

11. Additional warranty

The additional warranty period begins after the expiration of the legal right of withdrawal (14 days) and lasts for an additional 16 days. Therefore, the customer has the right to withdraw from the contract within 30 days from the receipt of the Products (14 legal days, 16 additional days).

The return or exchange of Products during the 30 calendar days of additional warranty will be free if they have a manufacturing defect or if the mattress has not been opened or used and is kept in its original packaging, for purchases made in mainland Spain.

If the reason for the return and location is different from the above, the exchange or return entails minimal costs to cover shipping and pickup fees by the transport agencies.

You can find this information in the Returns section of our Website. The Returns section is part of these Terms.

To start the return process, you must access your Client Area on the Website and file the issue in the Incidents section. You must select the order, the items to return, and the reason for the issue. If you think it is necessary, attach any images you consider relevant. If you have any problems with the process, contact us by email at hablamos@ecuskids.com. To start the return process, contact us by email at hablamos@ecuskids.com informing us of the reason for the issue and the products to be returned. Please remind us in the email of your name and order number.

Ecus Kids may withhold the refund under the contract termination until it has received the returned goods, or until it is proven that the goods have been shipped; whichever occurs first. Refunds will be made through the same method by which the payment was made.

We will collect the merchandise at our expense. We will contact you to arrange the pickup, and a carrier selected by us will collect the products at the address you provide. The products must be in returnable condition and in perfect condition, for example, free of stains, tears, or other types of dirt, including odors. Ecus Kids reserves the right to reject products damaged with stains and defects that do not comply with the normal use parameters of the Products.

You are not required to pack the Product in its original box, but you must use some other packaging so that the Product is not damaged during shipping. The carrier will provide you with a pickup receipt, which serves as proof of this, and you must send it to us at the email address hablamos@ecuskids.com to start the refund process. If we have not contacted you within 4 business days following the return request, contact us through the same email hablamos@ecuskids.com or by phone at +34 868 48 20 46.

12. Defective and damaged Products

For Ecus Kids, quality is paramount. It is extremely rare for our products to be sold to the public with any damage or defect. Ecus Kids has the legal obligation to ensure that the Products comply with the sales contract entered into.

We will inspect all allegedly damaged or defective Products, either through a physical examination or by reviewing images of the damaged or defective Product provided by the customer.

If the damage is due to a manufacturing defect or a deviation from factory specifications, we commit to fully replace or refund the cost of such defective Product. However, if the issue is due to reasons unrelated to the quality of materials or the manufacturing or assembly process, we will not refund the original Product or it will be returned to the customer.

We do not refund products:

– That have been obtained from a source other than our Website and official distributors.
– That have been damaged by abuse or negligence (for example, exposure to chemicals, high heat, sharp objects, etc.).
– That have been damaged by misuse or activities other than those intended.

The lifespan of any Product depends on the person using it, the conditions of its use, and the characteristic wear patterns of the customer. Products damaged by normal wear or that have exceeded the reasonable lifespan of the Product are not replaceable.

Our team is at your disposal to help you with any questions or inquiries you may have. Do not hesitate to contact us to send us your questions and comments. You can reach us through the chat on our Website, by phone at +34 868 48 20 46, or by email hablamos@ecuskids.com or through any of our social networks.

13. Content and intellectual property

No Content or intellectual property from the Website may be copied or used without our express written consent or prior written permission. Content means all visual, audiovisual, and written information appearing on the Website, including all graphics, photographs, drawings, iconography, animations, videos, and texts (hereinafter “Content”).

All Content present on the Website is the property of Ecus Kids and/or third parties with whom Ecus Kids has a relationship, and all Content may be protected by one or more applicable laws, including Royal Legislative Decree 1/1996, of April 12 (Intellectual Property Law (LPI)).

The code and software underlying our Website are the exclusive property of Ecus Kids and are protected by applicable industrial property laws. The user is not authorized under any circumstances to use such program and code for any purpose other than the normal use of the Website.

All trademarks, logos, service marks, trade names, brand image, and other branding devices or distinctive signs (hereinafter “Trademarks”) displayed on the Website and/or Ecus Kids Products (hereinafter “Ecus Kids Trademarks”) are the exclusive property of Ecus Kids and are protected by applicable intellectual and industrial property laws.

In some cases, we may display Trademarks belonging to third parties with whom we have established a business relationship. Unless authorized by applicable copyright law, the user may not use, display, copy, reproduce, republish, download, post, transmit, distribute, or modify Ecus Kids Trademarks (or third-party trademarks appearing on our Website) without our prior written authorization (or the prior authorization of the third party in question).

The use of any Ecus Kids trademark or any other associated trademark in any other mobile application, Website, or online service is prohibited. Ecus Kids expressly prohibits the use of Ecus Kids Trademarks as a direct link in any other mobile application, Website, or online service, unless the establishment of such a link is previously approved by us.

The user is responsible for complying with all applicable laws related to the user and their use of the Website. The Website, its Content, the Ecus Kids Trademarks, all other associated Trademarks, and all related rights shall remain the exclusive property of Ecus Kids, unless expressly agreed otherwise. The user shall not remove any copyright, trademark, or other proprietary notices from the Content displayed on the Website.

If you are a member of the media, you may use the Content without our prior written authorization, for legitimate, accurate, and non-commercial purposes that do not cause confusion regarding the source, sponsorship, and/or affiliation of Ecus Kids or its Products.

Please contact us at hablamos@ecuskids.com if you have any questions about our Content or its ownership, including whether we are willing to authorize its use.

14. Limited License and Access to the Website

The user is allowed to use the Website solely for their personal use within legal terms (or for personal use on behalf of a third party). The Website may not be used to do or facilitate any of the following (or to violate any law or the legal rights of any other person):

– Copying, imitating, distributing, publishing, downloading, publicly displaying, publicly performing, transmitting any Content in any form by any means known or developed later.
– Reselling, displaying, or describing Ecus Kids Products for commercial or competitive purposes in a false, misleading, or disparaging manner.
– Committing fraud or any other dishonest act, including seeking refunds or other compensation or benefits for ordering Products that are not legitimate, or about which you are not being completely truthful in your communications with us.
– Making commercial use of any Content or any Product available on the Website.
– Modifying, adapting, translating, reverse engineering, decompiling, disassembling, or converting into a human-readable form any source code/HTML underlying the Website.
– Using any software or automated tool designed to extract and copy data such as bots, spiders, crawlers, or other similar data extraction or data collection methods on the Content, or source code/HTML underlying the Website.
– Collecting any information about users of the Website.
– Attempting to interfere with, disrupt, reverse engineer, steal, or gain unauthorized access to any software, technology, or equipment supporting the Website.
– Impersonating or falsifying your affiliation with a person or entity.
– Accessing the Website from any part of the world where doing so is illegal.

15. Genuine communication, accounts, forms, registrations, and passwords

The user guarantees that the information provided to Ecus Kids when creating a customer account on our Website and at any other time will be true, accurate, current, and complete. Likewise, all information provided to Ecus Kids when communicating with us through the Website or by any other means when purchasing Products will be true, accurate, current, and complete.

Ecus Kids is not responsible for any problems the user may encounter as a result of false, inaccurate, outdated, or incomplete information provided to us. For example, when you purchase a Product through the Website, we will send that Product to the address you provided when you placed your order. If that address is incorrect, you may have issues with your purchase, for which we will not be responsible.

If you create an account, it will be personal and can only be used by you. Do not share your account information or allow third parties to access it. Since you will be responsible for all activity that occurs with your access credentials, you agree to make reasonable efforts to prevent unauthorized access or use of the Website and to maintain the confidentiality of your username and password and any device you use to access the Website.

The user also agrees to immediately notify us of any breach of the confidentiality of their access credentials. If you have any reason to believe that your account information has been compromised or that a third party has accessed your account, you must notify Ecus Kids immediately by email at hablamos@ecuskids.com. You are solely responsible for any losses suffered by Ecus Kids and any other damages resulting from any unauthorized use of your account.

16. Warranty

Ecus Kids certifies that all products purchased through its Website are original and covered by a warranty, the terms of which can be found in the Warranty section of the Website. The Warranty section is part of these Terms. If there is a conflict between what is stated in these Terms and the terms of the Warranty section of the Website, the terms of the Website's Warranty will prevail.

Ecus Kids guarantees the repair, replacement, or refund of the defective product for 5 years on mattresses and 3 years on accessories, starting from the date of purchase, in accordance with the criteria and conditions set forth in RD 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (LGDU).

If a defect appears during the warranty period, it is assumed that the defect existed at the time of purchase or delivery of the Product. This is not the case if it can be proven that the defect is due to misuse of the Product. It is the customer's responsibility to prove that the non-conformity already existed at the time of delivery of the Product.

During the warranty period, technical service, if necessary, is free of charge. This coverage applies throughout the national territory, except Ceuta and Melilla. It is also not applicable in Portugal or France.

Our mattresses may have a deviation of +25/-0 mm for width and length and +/-10 mm for height, compatible with those of other manufacturers, according to UNE-EN 1334:1996 standard. From the start of mattress use, a slight settling of the internal layers may occur, ranging between +0/-20 mm. This circumstance is completely normal and is not considered a manufacturing defect.

It is only considered defective if a deformation greater than 2.5 centimeters and visible to the naked eye is observed, if there are cracks in the mattress foam, damage to the cover or zipper that cannot be associated with use, damage or defects in the seams, or if the mattress does not acquire the correct dimensions after unpacking.

Imitations of products or products sold by unauthorized Ecus Kids resellers are not covered by our warranty. In the Warranty section of our Website, you can read all the warranty exclusions.

If the mattress has any defect within the scope of its warranty, we need photographic evidence representing the defect in question. This must be sent by email to hablamos@ecuskids.com. If there is not enough evidence that any of the above criteria are met, we will not be able to exchange the mattress in question.

If you want to claim the warranty service, remember that you will have to start the process through the same channel through which you made the purchase. If you bought our Product on our Website, go directly to your Client Area and open a case in the Incidents section. If you have any problem accessing that section or any doubt about the process indicated there, you can contact Ecus Kids Customer Service through any of their communication channels.

It is important that you keep your purchase invoice while you are using our products, because if you claim the warranty, you must show the invoice along with real photographs of the damage caused to the product. To download the purchase invoice (PDF), access your Client Area on the Ecus Kids Website. You will find it in the Orders section, by clicking on the corresponding order; or click on the download link you will receive by email with your order confirmation. If the relevant data is not provided, and the order is not found in our system, it will be assumed that the purchase was made from an unverified seller and, therefore, we will not be responsible.

If the Product is defective, Ecus Kids will replace it according to our current delivery times. In case of withdrawal of your damaged Product, Ecus Kids will collect it free of charge and replace it with an identical product. If the Product is not available, we will offer a product as identical as possible, within what is available. However, if you go through this process twice, with two products that also present faults within the warranty period, Ecus Kids will refund the full amount of your purchase upon collection. The replacement of the defective product restarts the warranty period and trial nights in the case of mattresses.

Any Ecus Kids Product purchased through an authorized seller and/or official supplier will be valid under our warranty, applying the same previous stipulations. This warranty is only available to the purchasing customer and cannot be transferred to any other person, for example, a second-hand buyer. If the Ecus Kids product has been purchased through an unofficial source, we will not be able to assist you with any warranty-related matters.

17. Discount Codes

Ecus Kids may offer users discount codes through a variety of promotional activities and communications that are redeemable through purchases of Products on the Website, while supply of such Products is possible, as this is subject to merchandise limitations or any other restrictions that may be determined and communicated by Ecus Kids.

Only valid discount codes provided or promoted by Ecus Kids or by affiliates, prescribers, and influencers who have a collaboration contract with Ecus Kids will be accepted. Codes provided or promoted by unauthorized third parties (including unauthorized third-party websites) will not be considered valid.

Each affiliate, prescriber, or influencer discount code promoted by Ecus Kids is non-transferable and valid for unlimited uses per customer; except for the KIDSFAMILY code, which is only valid for the first purchase and applicable to the second product in the cart, the one with the lower price; as well as other discount codes that Ecus Kids reserves the right to promote through its email marketing. Discount codes cannot be combined or accumulated with each other.

To be applied, codes must have been entered and applied in the “Discount Code” section, within the order details in the cart and before completing the purchase payment. If the code is not applied at this time, Ecus Kids will not be able to apply the code afterward, once the purchase has been made by the customer.

Discount codes are only valid in our online store on the Website. Ecus Kids is not responsible for the loss, theft, or corruption of codes, nor for their unauthorized use.

Discount codes cannot be exchanged for cash or any other equivalent; no exchanges or credits are allowed. The euro value of any discount code will not be refunded or credited if any or all products are returned.

Discount codes may have an expiration date. Discount codes are void if copied, transferred, sold, exchanged, expired, or prohibited. Orders that do not meet all the requirements of the applicable discount codes will not be accepted.

18. Content you send to Ecus Kids

It is common for Ecus Kids to allow its users to send or post reviews, comments, photos, videos, or similar content on our Website (hereinafter "Posts"). All Posts are welcome, as long as they are appropriate. Posts must not contain content that could be interpreted as harassment, slander, defamation, threats, or content that in any way violates the legal rights of any person or organization. Additionally, Posts may not contain obscene, pornographic, defamatory, profane, illegal, or indecent content.

Ecus Kids reserves the right to decide on the inclusion, display, and use of Posts made on our Website. By posting an opinion on our Website, the user grants us an unlimited, assignable, sublicensable, perpetual, and royalty-free license to reproduce, distribute, display, transmit, publicly communicate, create derivative works, use, and exploit for any purpose, including the promotion and marketing of Ecus Kids and its Products. The geographic scope of this use is worldwide. Additionally, Ecus Kids is granted a free license to use the name, image, and likeness of any identifiable person in any opinion posted on our Website.

By posting an opinion, the user waives all rights of publicity, privacy, or any other similar rights, in addition to the moral rights that may be included in the opinion. Except for materials provided by Ecus Kids through the Website, you warrant that you are the sole and exclusive owner of your opinions and that you hold all rights, licenses, and authorizations necessary to grant Ecus Kids the rights derived from the content present in your opinions, as set forth in these Terms.

Furthermore, you guarantee that the opinions you post on our Website do not infringe or violate the rights of any person, entity, or organization, including third-party patents, copyrights, trademarks, trade secrets, moral rights, publicity rights, privacy rights, or rights derived from industrial property or ownership rights.

Furthermore, the opinions in question cannot constitute or give rise to defamation, slander, or violation of any applicable law or regulation, and under no circumstances may they contain obscene, pornographic content, content contrary to wiretapping laws or other similar restrictions on non-consensual recording, or otherwise require Ecus Kids to obtain any license or make any payment to a third party.

The user guarantees that they hold all legally required rights and permissions necessary to grant Ecus Kids the aforementioned rights inherent to their Post. Furthermore, you guarantee that your Posts do not infringe, misappropriate, or violate any legal rights of any other person, organization, or entity.

Ecus Kids has no obligation to monitor the Website or the Posts made on it. However, it reserves the right to maintain full control over all elements, aspects, and features of the Website, including all Posts, and we have the full right to remove, delete, modify, or otherwise adjust any post at any time, for any reason, with or without notice or other obligation to the user. If you do not agree with these Terms, do not submit any posts to our Website. Ecus Kids does not guarantee that the content of the Posts on our Website is true, accurate, or reliable.

19. Liability

Ecus Kids is not responsible for nor does it guarantee the truthfulness, accuracy, or reliability of the Content published by third parties on our Website. By using the Website, the user acknowledges and agrees that by relying on material published by third-party service providers, they do so at their own risk. Ecus Kids may change or suspend any functionality of the Website at any time, including operating hours or Website availability, without prior notice or liability to the user.

Ecus Kids is not responsible for any type of litigation, disagreement, or dispute that may arise between various users who may interact or communicate through our Website or while using it. The user assumes all risks associated with interacting with such third parties when using our Website. The user releases Ecus Kids from any claim, demand, contractual or non-contractual liability, arising from or related to any such litigation or dispute. The user also guarantees that they will not involve Ecus Kids in any of these disputes or litigations.

The user expressly understands and agrees that:

– The use you make of our services is at your own risk and that the services are provided "as is" and "as available."
– Except for our warranty stated above, Ecus Kids (including its employees, directors, agents, and consultants) offers no warranty, express or implied, regarding the operation of the Website and the availability of its products and services.

Ecus Kids offers no warranty of any kind regarding the use of its Website and expressly disclaims any warranty that:

– The Website will meet the user's expectations and needs.
– The Website will operate uninterrupted, securely, and without errors of any kind.
– The nature, quality, or characteristics of the Products offered on the Website and available for purchase meet the user's expectations or needs.

20. Limitation of liability

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded by law, including liability for death or personal injury caused by negligence and liability for fraud or fraudulent misrepresentation or alteration of consumer rights that cannot be excluded under applicable law.

Ecus Kids shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, loss of data, personal injury, or property damage, nor for related damages, or in connection with, or otherwise arising from any use of the services, even if Ecus Kids has been advised of the possibility of such damages.

We are not liable under or in connection with these Terms including, but not limited to, contractual liability, tort (including negligence, misrepresentation), or restitution for any of the following related to the use of the Website:

– Loss of profits.
– Loss of sales or business.
– Loss of agreements or contracts
– Loss of anticipated savings
– Loss of use or corruption of software, data, or information.
– Loss or damage to goodwill.
– Indirect or consequential loss.
– The use or inability to use the Website.
– Costs related to the acquisition of Products resulting from any product, data, information, or service provided on our Website.
– Unauthorized access or alteration of your access credentials or data.
– The statements or conduct of any user or third party on our Website.
– The trust the user has with Ecus Kids regarding the content provided by the user on our Website.
– Or any other matter related to the Website.

We are not responsible for damages or losses arising from any transaction between the user and a third party, nor for the availability and accuracy of the content, products, or services of the third-party provider.

We are not responsible for delays or failures in execution resulting from causes beyond our reasonable control. To the extent permitted by law, we exclude all warranties and disclaim all liability for any act or omission by the user or a third party. The limitations and disclaimers in this section are not intended to limit liability or alter consumer rights that cannot be excluded under applicable law.

21. Informal dispute resolution

We hope never to have any dispute or litigation of any kind with the user. However, if a dispute or claim arises as a result of these Terms, the following rules and procedures will apply.

Both parties (the user and Ecus Kids) agree that they will attempt, in good faith, to resolve any dispute or litigation informally. If, for any reason, you wish to initiate this informal process, you must send a notification clearly marked as "Dispute Notification" and it must contain your name, address and contact information, a brief but clear explanation of your complaint/dispute, indicating the resolution you seek for it. All notifications must be sent to hablamos@ecuskids.com. We will contact the user by email at the address they have specified in their notification or at the physical address we have stored when placing the order on our Website.

Both parties (the user and Ecus Kids) agree to make all reasonable efforts to resolve any conflict in good faith through dialogue and negotiation within 30 days following the submission of the formal notification. If the conflict is not resolved within 30 days from the formal submission, either party may resort to the procedures described later in this section.

Ecus Kids may provide users acting as consumers with a mediation system for consumer conflicts related to the Website Services or these Terms with a view to their amicable resolution. In accordance with Article 57 and following of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, for any contractual dispute related to the Website that could not be resolved in the context of a complaint previously submitted to Ecus Kids Customer Service, consumers may resort to the Consumer Arbitration System at no cost.

Eligible consumers may also submit complaints about our Services or these Terms to the European Commission's online dispute resolution platform, through this link Online Dispute Resolution | European Commission (europa.eu) in accordance with Regulation (EU) No 524/2013 of 21 May 2013. Ecus Kids does not commit to using an online dispute resolution platform to resolve consumer disputes.

These Terms and the relationship between the user and Ecus Kids shall in any case be governed by the laws of Spain without the need to resort to conflict of law principles to determine the applicable law.

22. Suspension of the Website

Ecus Kids reserves the right, at its sole discretion, without prior notice or liability, to block or prevent access to and use of this Website. In doing so, Ecus Kids shall not be obligated to provide any justification or reason of any kind to the user. After the termination date, this section shall remain applicable.

23. Right to Modify These Terms

We may review these Terms from time to time to ensure they comply with applicable law and remain consistent with our Products and operations. Accordingly, we reserve the right to update them at any time without prior notice.

Ecus Kids will indicate any changes made to these Terms by stating the “Date of last update of these Terms and Conditions” at the top of this page. Ecus Kids will strive to notify you in advance of any significant changes. Use of our Website implies acceptance of these Terms.

24. Waiver

The fact that Ecus Kids does not exercise part or all of its rights, or the waiver of the exercise of any right associated with a breach of these Terms, will not prevent the subsequent exercise of such right and will not constitute or indicate our waiver of any subsequent breach. All our rights and judicial, non-judicial, and legal remedies present in these Terms and in any other applicable agreement between the user and Ecus Kids shall be cumulative, and the exercise of such rights or remedies shall not limit our right to exercise any other right or remedy.

25. Severability of Contractual Provisions

If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, that provision shall be null and shall not affect the validity and enforceability of any other provision of these Terms. Nothing in these Terms shall affect rights granted by law.

26. Entire Agreement

These Terms constitute the entire agreement between the user and Ecus Kids regarding the Website and supersede all prior or contemporaneous negotiations and communications related to the Website. No rights not expressly granted in these Terms may be asserted.

27. Customer Service

Our Customer Service team is available Monday to Thursday (except holidays) from 9:00 a.m. to 6:30 p.m., and Fridays (except holidays) from 9:00 a.m. to 3:00 p.m. On holidays, Ecus Kids reserves the right to modify its public service hours.

You can contact us at the phone number +34 868 48 20 46, at the email hablamos@ecuskids.com, through the chat on our Website or on any of our social media channels.

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Updated: 30/10/2024