TERMS AND CONDITIONS OF USE OF “FLOPP

  1. Background information

These Terms and Conditions of Use (hereinafter, the “ Terms and Conditions ”) will regulate the purchase and sale of the products that FLOPP PROCLEAN, SL (hereinafter, FLOPP ) markets through its website www.floppeco.com (hereinafter, the “ Website ”).

FLOPP data is as follows:

  • Company name : FLOPP PROCLEAN, SL
  • Address : Calle Velázquez 126, 2ºc, 28006 (Madrid)
  • NIF number : A-08.288.490.
  • Contact email : info@floppeco.com
  1. Acceptance of the Terms and Conditions of Use and access to the Website

By using the services of the Website, the user accepts these Terms and Conditions, which define the rights and obligations of the FLOPP Website. These are the only Terms and Conditions applicable to the use of the Website (without prejudice to the fact that for certain services there may be specific conditions) and to the placing of orders through the Website and they replace any other conditions.

We refer to any person who is registered or who uses the Website as “ Users ”. Any person may register or use the Website provided that they agree to the Terms and Conditions together with all other policies and principles governing the Platform and detailed below.

The Services provided on this Website are governed by: (i) these Terms and Conditions; (ii) Specific Conditions that may be published on the Website; (iii) current and applicable laws, sector regulations and general criteria and practices.

  1. Acceptance of the Specific Conditions

Access to certain content and use of the services may be subject to certain specific conditions, which, depending on the case, will replace, complete and/or modify these Terms and Conditions and, in the event of contradiction, the terms of the specific conditions will prevail over the General Conditions.

Before using and/or requesting the specific services offered through the FLOPP Website, Users must carefully read the specific conditions created, where applicable, for this purpose by FLOPP. The use, reservation and/or request for these specific services implies acceptance of the specific conditions that regulate them in the version published by FLOPP at the time of such use, reservation and/or contracting through the Website.

  1. Object

This Website has been developed by FLOPP for the purpose of offering users the purchase of ecological cleaning products (hereinafter, the “ Products ”).

When choosing FLOPP Products, the user must choose the corresponding Product available on the Website. The purpose of these general conditions is to regulate the sale of these Products to users.

  1. Customer Service

The FLOPP Website offers the User the possibility of contacting the Customer Service department for any questions or issues that may arise in relation to the content of these Terms and Conditions.

For this purpose, FLOPP has an email address to facilitate the resolution of problems and other issues that arise for Users in a more efficient and personalized manner.

  1. User Account

The Website offers Users the possibility of creating an account through an online form that must be completed with the required data.

In this sense, the User will be responsible for the use of his/her User account.

Users must provide their data in an accurate, truthful, current and complete manner, as requested in the registration area of ​​the Website. Among other aspects, the user must indicate their contact details (name, surname, address for delivery of the Product, telephone number, email address, payment method, etc.) in the registration request form.

In this regard, in relation to the account that the User creates on the Website, the User will have full responsibility for its management and use.

Consequently, the user is responsible for the proper custody and confidentiality of the username and/or passwords that allow access to his/her account, and undertakes not to transfer their use to third parties, whether temporarily or permanently, or to allow access to third parties.

Pursuant to the foregoing, the user must immediately notify FLOPP via email at info@floppeco.com of any improper use of their contact details (username and/or password, etc.), due to circumstances such as theft, loss or unauthorized access to them, so that FLOPP can proceed to cancel or block and/or disable them as soon as it becomes aware of the improper use of their user account.

As long as such facts are not communicated, FLOPP will be exempt from any liability that may arise from the improper use of user names or passwords by unauthorized third parties.

  1. Use of the Website

Users of the website undertake to make lawful, diligent, honest and correct use of the information and content they access through the site, always acting under the principles of good faith and respecting current legislation at all times.

If FLOPP detects any anomaly or has reasonable grounds to believe that a user is carrying out fraudulent acts or acts contrary to these principles and these Terms and Conditions, it reserves the right to restrict or prohibit the access of said user to the website. This also applies to those users who have benefited directly or indirectly from such actions. FLOPP may take appropriate legal measures in such cases. Appropriate mechanisms have been implemented to detect any fraudulent, anomalous or malicious action that attempts to alter the general conditions of use of the website by users.

FLOPP also reserves the right to restrict access to the website to any user where it has reasonable grounds to believe that they have breached these Terms and Conditions.

  1. Orders, conditions of sale and warranty

FLOPP offers its services throughout the Spanish peninsula, excluding Ceuta, Melilla, the Canary Islands and the Balearic Islands.

To make a purchase, users must complete the purchase form on the Website or make the purchase through the user account.

Under no circumstances will FLOPP intentionally sell more units than it has available. In the event that the Product is not available after the order has been placed, the User will be informed and offered the option of delaying delivery or replacing the Product with a similar one, or, failing that, returning the amount paid.

FLOPP's legal warranty covers all products sold through its website, www.floppeco.com . This warranty, which is the seller's responsibility and not that of the manufacturer or supplier, applies to manufacturing defects and hidden defects. Customers can make use of this warranty by informing FLOPP of any lack of conformity by emailing info@floppeco.com , attaching evidence such as photographs and a detailed description of the defects, together with the purchase order and any other documentation that facilitates identification of the purchase. The warranty is valid for a period of 2 years from receipt of the product, and customers have a period of 1 month from knowledge of the defect to inform FLOPP.

However, the warranty does not extend to defects resulting from improper, incorrect or abusive use by the customer, normal wear and tear, ageing of the product, negligence, accidents, alterations by the customer or third parties, failure to follow the instructions for use, or manipulation by unauthorised third parties. Furthermore, scratches on the glass or defects resulting from the installation of glass by a third party are expressly excluded from the warranty coverage.

For subscriptions under the " Subscribe and Save " program, orders will be processed automatically according to the frequency selected by the user. In case of problems with product availability in a subscription, the same conditions for replacement, delay or return described above will apply.

  1. Product Subscription - " Subscribe and Save "

9.1 Generalities

FLOPP's Subscribe & Save program allows users to subscribe to receive cleaning products periodically at special discounts.

9.2 Subscribe and Save Benefits

Subscribers to the Subscribe & Save program will receive a special discount on purchased products compared to the individual purchase price. Applicable discounts will always be updated and reflected on the FLOPP website, ensuring that subscribers get the best deals available at the time of purchase.

9.3 Eligible Purchases

Only selected products sold on the FLOPP website are eligible for the Subscribe & Save program. These products will be clearly identified on their respective detail page.

9.4 Ordering Process and Product Availability

Once subscribed, products will be ordered and delivered automatically according to the frequency chosen by the user at the time of subscription. Product availability and subscription details (including price and discount) may change over time. The user may cancel or modify the order if he or she wishes to do so directly in the subscription portal.

9.5 Price, Payment and Renewal

The price and discount for each order will be set according to the prices and discounts in effect on the FLOPP website at the time of subscription. This discount may vary over time. The price for each order will be charged on the day the order is processed, always applying the corresponding discount from the " Subscribe and Save " program. Temporary discounts and special offers will only apply to orders placed during the validity of said discounts or offers. The subscription will be automatically renewed and will remain active until the user decides to cancel it.

9.6 Cancellation or Modification of Subscription

The user can cancel or modify his/her subscription at any time from the customer area on the FLOPP website, at least one day before the product is due to be shipped. For example, if the shipment is made on the 23rd of the month, the cancellation must be made before the 22nd. The cancellation will not affect orders for which the shipping confirmation has already been received.

FLOPP reserves the right to cancel any subscription at any time. If a subscription is cancelled, only orders that have already been confirmed for shipping will be charged.

9.7 Problems with the Order

If a problem arises with the delivery address, FLOPP account or payment method, and cannot be resolved, the subscription will automatically be put on hold until the problem is resolved. No further orders will be processed or shipped until the problem is resolved.

9.8 Limitation of Liability

FLOPP shall not be liable for more than the amount paid for subscriptions actually made by the user during his/her participation in the program. This limitation shall not affect the user's statutory rights as a consumer or FLOPP's liability in the event of gross negligence or wilful misconduct.

  1. Prices and payment methods

FLOPP strives to offer a safe and efficient purchasing process on its website www.floppeco.com . Prices of all products are expressed in Euros and include VAT and other applicable taxes. Regarding payment methods, FLOPP accepts Visa, MasterCard, American Express and Bizum cards.

10.1. Payment Method

Before making the payment, the user is informed that the aforementioned credit and debit cards and Bizum are accepted as payment methods.

Payments can be made using the credit or debit cards mentioned above or through Bizum. During the payment process, the relevant card information or mobile phone number associated with Bizum will be requested. The payment platform may store the payment information for future purchases if the user so chooses.

10.2. Payment Process

By proceeding with payment, the user automatically accepts these Terms and Conditions and the specific conditions of the order. All payments are subject to the terms and conditions of the financial institutions or payment platforms involved.

Following successful payment, the user will receive a confirmation email with the essential details of the transaction. In the event of suspected fraud, FLOPP reserves the right to cancel the payment or order, informing the competent authorities if necessary. If the payment platform rejects a card, the order will be automatically cancelled, informing the user at that time.

Users are guaranteed that the payment process is carried out in absolute security, in accordance with the security protocols and services required by applicable national and European regulations.

10.3. Purchase Confirmation

Once payment is completed, the user will receive an email confirming the purchase, including the order details and transaction reference.

The User must notify FLOPP of any improper or fraudulent charges on the card used for purchases, by sending an email to the following email address: info@floppeco.com, as soon as possible so that FLOPP can take the appropriate steps in relation to the specific matter.

10.4. Form and Delivery Time

FLOPP may deliver the products to the address indicated by the user within a maximum period of 7 working days. If delivery is not successful in the first attempts, the goods will be returned to a nearby office of the transport company for collection by the user. FLOPP is not responsible for failed deliveries due to incorrect information provided by the user or the absence of the recipient.

10.5 Follow-up

Registered users can track their order from their account. Unregistered users will receive an email from the shipping company to track the shipment. FLOPP cannot select a preferred delivery time; to do so, the user must contact the shipping company directly.

10.6 Shipping Costs

Unless expressly stated otherwise, prices do not include shipping costs or any other additional services to the product and/or service purchased.

Shipping costs for each order are calculated in real time based on weight. In this regard, shipping costs will be recalculated at any time when making a purchase through the website, and will appear at all times in the User's shopping cart, clearly differentiated from the price of the item included in it.

Prior to payment validation, the User will be informed of the final price of their purchase, including shipping costs.

For Subscribe & Save subscriptions, shipping costs will be calculated in the same way and added to each automatic shipment based on the frequency chosen by the user.

  1. Information about FLOPP Products and Services

The data included on the Website in the Product descriptions have a purely informative function.

FLOPP attempts to reflect the technical and aesthetic characteristics of the products as accurately as possible, although the User must bear in mind that there may be slight differences between the appreciation of the product on the website and reality. For this reason, the User will have the possibility of withdrawing from the sale in accordance with the provisions of the Right of Withdrawal section.

For products purchased under the " Subscribe and Save " program, the User may also exercise his right of withdrawal by following the same procedure. The characteristics and descriptions of subscription products are provided with the same informative intent and may be subject to the same differences between the description and reality.

FLOPP undertakes to take all measures within its power to correct as quickly as possible any errors or omissions that may occur after having been informed of them.

  1. Availability and Limitation on Products

FLOPP ensures that the shopping experience is efficient and satisfactory for our users. If the total weight of the products in the shopping cart reaches 20 kg, the user will be informed of this limitation. Due to shipping and handling restrictions, orders that exceed this weight limit cannot be processed. In such case, the user will be invited to contact FLOPP for possible alternative solutions, or may choose to reduce the weight of the order by removing some products from the cart.

In the event that the purchase confirmation is made with all the products selected by the user, FLOPP will send an email detailing the characteristics of the products, the price, the shipping options, and the date of the order.

Normally, the lack of availability of a product is clearly indicated on the website, with a red notice saying “ Out of Stock ” over the image of the product. However, if after confirming the purchase it is detected that some of the selected products are not available, FLOPP will contact the customer to inform them about the affected products. In this case, the amounts corresponding to the unavailable products will be immediately refunded.

In the event that it is not possible to execute the purchase agreement due to the unavailability of the selected products, FLOPP will refund as soon as possible the amounts paid by the user for those specific products, thus ensuring transparent and customer-oriented management at all stages of the purchasing process.

  1. Exchanges, returns and right of withdrawal

In the event that the User is not satisfied with the Product received in his order, the User, in accordance with the General Law for the Defense of Consumers and Users, will have a period of 14 calendar days from receipt of the order to return it, exercising his right of withdrawal, without any penalty and without the need to indicate the reasons.

When returning the Product, the User must bear the direct cost of returning his/her order.

To formalize the return, the User must complete and send the withdrawal form to the email address info@floppeco.com, which can be found at the end of these Terms and Conditions as ANNEX 1, which serves as a withdrawal form/unequivocal declaration. Once this communication has been received, the FLOPP customer service team will inform you of your request number and how to proceed to make the exchange or return.

In the case of subscriptions, if the User wishes to return a product received under the " Subscribe and Save " program, he/she must follow the same procedure described above. The return of subscription products will not affect the continuity of the subscription, unless the User decides to cancel it by following the steps specified in the customer area of ​​the FLOPP website.

Each product to be returned must be in perfect condition, unused and with all its labels, packaging and, where applicable, documentation.

  1. Responsibility

FLOPP does not provide any guarantee nor is it responsible, in any case, for damages of any kind that may arise from access to or use of the contents or the Website. Among others, and by way of example and not limitation, FLOPP is not responsible for the following circumstances:

  • From the loss, damage, retention or delay in delivery of the order due to unforeseen events, force majeure or acts attributable to the User;

  • From the lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continuity of the operation of the Website, such as, for example, errors or delays in accessing the Website by the User when entering their data in the order form, the slowness or impossibility of receipt by the recipients of the order confirmation or any anomaly that may arise and that is beyond the good faith of FLOPP;

  • From the lack of usefulness of the Website or the contents for any service;

  • From the content of other websites to which links or hyperlinks inserted in the FLOPP Website may be directed;

  • The existence of viruses, malicious or harmful programs on the Website; and

  • From the illicit, negligent, fraudulent use, contrary to these Terms and Conditions or good faith, of the Website or its contents, by Users, including any infringement of the intellectual and/or industrial property rights of FLOPP or third parties.

In any case, FLOPP undertakes to resolve any problems that may arise and to offer all necessary support to the User to reach a quick and satisfactory solution to the incident.

  1. Intellectual Property

All rights to the content, design and source code of this Website and, in particular, but not limited to, all rights to the photographs, images, texts, logos, designs, brands, trade names, data included on the Website and any other intellectual and industrial property rights are the property of FLOPP, or of third parties who have expressly authorized FLOPP to use them on its Website.

For this reason and pursuant to the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the legal provisions in force on the matter, as well as Law 17/2001, of December 7, on Trademarks and the complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including its method of making available, of all or part of the contents of the Website, on any medium and by any technical means, is expressly prohibited, except with express written authorization from FLOPP.

FLOPP does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a waiver, transmission, license or total or partial transfer of said rights by FLOPP.

Any use of such content not previously authorized by FLOPP will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.

  1. Data Protection

FLOPP respects the privacy of its Users and will ensure that personal data is processed in accordance with current legislation.

Client Users have the right to access, rectify, and cancel their personal data and/or information, including their email address, as well as to oppose the processing of the same and to be informed of the transfers carried out, all in accordance with the provisions of the applicable regulations.

If you would like to learn more about FLOPP's privacy policy, please visit the following link: https://floppeco.com/pages/privacy-policy .

  1. Modifications

The information appearing on this Website is current as of the date of its last update. FLOPP reserves the right to update, modify or delete the information on this Website, as well as these Terms and Conditions, the privacy policy or any other information.

The changes to the terms and conditions will come into effect from the moment they are published on this Website.

  1. Nullity and effectiveness of clauses

All clauses or provisions of these terms of use must be interpreted independently and autonomously, and the rest of the provisions will not be affected if one of them has been declared void by a final court ruling or arbitration decision. The affected clause or clauses will be replaced by another or others that preserve the effects sought by the Terms and Conditions.

  1. Language

FLOPP may translate these Terms and Conditions or any other policy that may be posted on the Platform. The Spanish version shall prevail in the event of conflict with other translations.

  1. Right of exclusion

FLOPP reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or that of a third party, to those users who fail to comply with these Terms and Conditions.

  1. Extrajudicial Conflict Resolution

For the resolution of any discrepancy, question or claim arising directly or indirectly from the interpretation or execution of these Terms and Conditions, the parties waive any jurisdiction that may apply to them and submit to the jurisdiction of the Courts and Tribunals of the city of the Client User's domicile.

Pursuant to the provisions of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of online disputes in consumer matters, FLOPP informs you that, in the event of a dispute, Users residing in the European Union may use the “Online Dispute Resolution Platform” developed by the European Commission, in order to attempt to extrajudicially resolve any dispute arising from the provision of services by FLOPP.

The Client User can access the “Online Conflict Resolution Platform” through the following link: http://ec.europa.eu/consumers/odr/