These General Terms and Conditions apply with respect to all of ENJA´s offered Services and/or Products to Estate Owners via the ENJA website or through ENJA’s on-line Request for Quote process.
With regard to sales to Estate Owners, mandatory provisions under applicable consumer’s law for SPAIN and the European Union (EU) will apply.
Please read the Terms carefully. If you do not agree to the Terms, please do not proceed with any Request for Quote.
PLEASE NOTE: These General Terms and Conditions, and the customer rights herein described, are only applicable if you are a private indivudal, not if you are a business.
If you are not a private individual, please contact ENJA.
Capitalised terms and expressions used in these General Terms and Conditions shall have the meaning ascribed to them below:
”Agreement” is the agreement between the parties involved in any purchasing or RFQ process found on the ENJA website.
“Cancellation Period” is the period of time after the Customer successfully completes a payment for Services and/or Products via the ENJA Website as described below.
“Cancellation Right” The right for a Customer to cancel a remote purchase for ENJA services or products.
“Contract” shall mean a formal agreement between the Customer and ENJA which may be entered in at any time.
”Customer”, ”you”, ”your” means the customer who enters into an Agreement with ENJA by submitting an RFQ or any other purchase throught the ENJA website.
”ENJA”, ”we”, ”our” means ENJA PROPERTY SL, a Spanish company organised under the laws of Spain under corporate registration number B56793870.
“Purchase”, ”Payment” shall mean any monetary transaction conducted via the ENJA website using a 3rd Party payment method or the process of conducting such a transation for the purpose of paying for an ENJA service or product.
“Quote” shall mean any answer given to the customer by an authorized ENJA representative based on the information provided by the customer via the Request for Quote process stated herein.
“Request for Quote” (hereafter called RFQ) shall mean the customer’s request for a quote (or estimation) for ENJA services whereas the RFQ process is conducted via the ENJA website or any other ENJA RFQ process.
”Services” and/or “Products” means the services or products asked for under this agreement and made through the ENJA website.
”Terms” shall mean these General Terms and Conditions, which form an integrated part of the agreement.
”Website” shall mean ENJA´s on-line Website and any of it’s attachments or documents, but not any links or functions from the Website connecting to any external or 3rd party websites that may be found therein from time to time.
An Agreement between the Customer and ENJA is entered into, when the parties conduct a Purchase (or submit an RFQ) via the ENJA Website.
ENJA will, in connection with an RFQ, send an RFQ confirmation as well as the subsequent Quote to the Customer´s given e-mail address.
After the Quote from ENJA is sent and received by the Customer, the Customer will have 15 working days to reply, otherwise the Quote is automaticly withdrawn and a new RFQ must be submitted by the Customer.
In the event that the RFQ is not complete when sent to ENJA (i.e. that all manditory RFQ data is not filled in) then we, at our sole discretion, may ask for further information or cancel the RFQ and request that a new RFQ be sent with complete information.
The range of Services and/or Products displayed on the Website may vary from time to time and delays in updates to this information may occur. Errors in pictures, photographs and text may occasionally occur. Photographs, pictures and videos are displayed for illustration purposes only and may not always fully describe or represent ENJA Services and/or Products nor the Customer´s perception of the same.
ENJA and its suppliers and/or contractors reserve the right to change, modify and improve their Services and/or Products at any time. ENJA and its suppliers and/or contractors cannot be held liable with respect to any of the above, unless such liability follows from applicable mandatory, Spanish consumer law.
Prices indicated in ENJA’s Website or ENJA’s response to the RFQ will be in Euro (€), including Spanish value added tax. ENJA reserves the right to make price updates and adjustments from time to time and without notice, for example due to currency variations, changes of taxes or price changes made by our suppliers and/or contractors. The price indicated on ENJA’s Website and/or RFQ response (Quote) will be the applicable price for the purchase in question.
All prices will reflect ENJAs current pricing models and the Services and/or Products offered will include any charges and fees which may be applicable to the particular Service or Product that is being asked for.
Payments may be made with direct bank deposits, credit cards or other means of Payment made available by ENJA from time to time. ENJA cannot guarantee that all announced Payment alternatives on the Website (or those stated in the Quote) will be available at all times since this is regulated by the Payment services themselves of which ENJA has no control.
You may use any of the Payment methods that are available on the ENJA Website as shown from time to time. When using any of the ENJA on-line Payment services (if offered on the Website) additional information may be required in order to successfully complete a transaction. For example; the Card number, personal code, CVC-code and expiry date of the card or other data may be required by the Payment service. We reserve the right to perform checks with respect to the card or other Payment option used and may refuse a Purchase following such check.
According to applicable, European consumer law for remote contracts in your country of residence (see EU, Consumer Rights Directive 2019/2161), you may be entitled to cancel a Purchase made on the ENJA Website, without stating any reason, within fourteen (14) days i.e. fourteen 24-hour periods (the Cancellation Period), or under whatever conditions are set out in your country of Purchase.
This Cancellation Right expires fourteen (14) days (24-hr periods) after the date and time that the Customer completes a successful payment for Services and/or Products based on the information provided on the Website and/or the Quote received from ENJA.
In the event that you want to invoke the Cancellation right, then you must send a message (letter or e-mail) to ENJA, at the address set out below, where you clearly state that you wish to use the said EU cancellation right with respect to the Purchased Service or Product. You may use the template provided below (but you do not have to use it).
In order for you to utilise your Cancellation right, it will be sufficient that you submit your Cancellation message to ENJA before the expiry of the Cancellation period.
If you cancel the Purchase, you must, at your own cost, return any and all material and/or inventory that ENJA (or its suppliers and/or contractors) have delivered to your property without undue delay and at the latest within fourteen (14) days (24-hr periods) from the date and time of Cancelation. You may request ENJA to collect this material or inventory, but also at your own cost.
Upon Cancellation, ENJA will repay Payments received from you with respect to the sale. We will use the same Payment method as you used when you made the Purchase (if the Payment service allows such a reversal payment) otherwise, a secondary repayment service will be used. Repayment will be made without undue delay and in the same currancy that the original Payment was made with, no later than fourteen (14) days (24-hr periods) from the day when ENJA was notified of your decision to cancel the Purchase.
ENJA is entitled to postpone repayment until any and all material or inventory that ENJA has delivered to your property is returned to ENJA.
After the end of the Cancelation Period above, the right to withdraw from the Purchase/Contract will no longer be available in accordance with Article 8 of the above mentioned EU Directive).
NOTE: This right does not apply if your residence (tax residence) is outside of the European Union. In that case, Spanish Consumer Protection law applies.
At the Customer’s request, and as stated in the RFQ, the Customer may request ENJA to use, deliver, assemble and/or test a particular Product at the Customer’s Estate or domicile. However, Product warranties of any materials, appliances, machines or inventory are given by the respective manufacturer or distributor of the products in question. ENJA does not provide any warranties of any kind for workmanship, function, or other material trait of said Products, nor garantees that they will work once installed or used.
Furthermore, Products may not be used other than for their intended purpose, as described in their respective Product descriptions and user manuals, so any requests by the Customer to ENJA (or its suppliers and/or contractors) to bypass these Product requirements will be rejected.
You may contact ENJA’s respective customer service department for more information on applicable warranties with respect to a certain Product.
The Customer is not entitled to claim that a Product is defect to ENJA, as ENJA (and its suppliers and/or contractors), only perform delivery, installation, application and/or testing Services and have no liability to any of the Products in question.
When an ENJA Service or Product has been dutifully paid for by the Customer, but has not been delivered or performed in accordance with the Contract/Agreement, ENJA may provide remedies and/or compensation for the shortcomings in accordance with this Agreement, and any specific other Agreements made in the Quote and applicable Spanish law. You may also have additional rights under Spanish law depending upon the date and the ensuing details of said event.
ENJA shall not be liable for any and all indirect damages or losses, or for consequential damages or losses. This limitation of liability will, for the avoidance of doubt, not apply to the extent that applicable mandatory law (including, without limitation, consumer sales law) provides otherwise.
ENJA will process personal data with respect to purchases, RFQ’s and Quotes under these Terms and in accordance with applicable data protection laws (including Regulation EU 2018 1725 of the European Parliament on the protection of natural persons residing in the EU with regard to the processing of personal data and on the free movement of such data; “GDPR”).
ENJA is the controller of its electronic processing and ENJA is under an obligation to inform you of such processing under applicable data protection rules. Such information can be found on the ENJA’s Website under “Privacy Policy””.
For additional information on ENJA´s processing of personal data or in order to utilise your rights under applicable data protection laws, please contact info@enja.com. You may also contact the Spanish Data Protection Authority or your local data protection agency.
All content on the Webiste is owned by ENJA or its licensors and is protected by international Immaterial Property Right laws. All rights are reserved.
Any unauthorised use or distribution of the contents on the Website may violate copyrights, trademark rights and/or other international laws or legislation and the violators of such may be prosecuted or subject to legal action. The content on the Website may not be changed, submitted, copied, published, licensed, transferred or otherwise utilised unless ENJA or, as the case may be, any other rights holder, has given its prior written consent thereto.
You may also contact the Spanish Data Protection Authority or your local data protection agency.
ENJA reserves the right to modify and amend these Terms without notice. The latest version of the Terms are available on the ENJA Website at the time when you conduct a Purchase or submit an RFQ and that version is valid with respect to such activities conducted on that date.
ENJA is not responsible for any circumstance or damage following events which are beyond ENJA´s reasonable control. Such circumstances may include wars, acts of war, collective bargining blockades, mobilisations or civil wars, strife, riots, terrorism, fires, floods, diseases and/or similar Acts of God.
The Agreement, including these Terms, is governed by Spanish and EU law.
The Customer shall, for the avoidance of doubt, in no event be deprived of the protection afforded to it as a private individual Purchasing ENJA’s Products or Services by provisions that cannot be derogated from, by agreement by, virtue of the law which, in the absence of choice, would have been applicable.
In case of a dispute you can contact the Spanish National Board for Consumer Disputes with respect to complaints:
https://www.cnmc.es/en/sobre-la-cnmc/que-es-la-cnmc
…or the EU online-platform for dispute resolution, currently available at:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN#
Enja Property Management SL
Org.nr: B56793870
Av. de Francia, Mijas Golf, 16 BJ 28
Telephone: +34 604467640
E-Mail: ceciliacharo@hotmail.com
Document last updated on: 2024-08-14
Please use this template when notifing ENJA of your Cancelation in accordance with the above mentioned Consumer Protection laws.
Fill in the appropriate information shown in brackets, print, sign and send to Enja Property Management SL either electronicly (using the contact information provided above) or through regular, registered, mail.
To Enja Property Management SL,
[ I / We ] hereby give notice that [ I / we ] cancel [ my/our ] contract of purchase for the following goods and/or services:
Order number(s):
Ordered on:
Received on (or the date services were started):
Name of Customer:
Address of Customer:
Signature of Customer:
Date:
