TERMS AND CONDITIONS OF PURCHASE of www.pingoclipstick.com
INTRODUCTION
The purpose of this document is to establish the conditions of use of the page www.pingoclipstick.com as well as the conditions of purchase of products through it by users.
We ask you to carefully read these TERMS AND CONDITIONS OF PURCHASE as well as the PRIVACY POLICY before using this website. If you wish, you can print these conditions. By using this website or placing an order through it, the user unequivocally accepts our TERMS AND CONDITIONS OF PURCHASE as well as our PRIVACY POLICY, so if you do not agree, you should not use the website.
GENERAL INFORMATION
In compliance with the duty of information contained in art. 10 of Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce, we inform you that the ownership of the website corresponds to Benjamín Ruiz-Capillas Molleda, with NIF 13933442L and address at Bº La Pesa 138, 39590 Quijas – Cantabria (Spain) and with email info@pingoclipstick.com and telephone 686 481 460.
USE OF THE SITE
By using this website and placing orders through it, the user agrees to the following:
* Use the website solely for the purpose of consulting products and placing orders.
* Do not place any fraudulent or false order. If an order is reasonably considered to be fraudulent, PINGOCLIPSTICK is authorized to cancel it and inform the relevant authorities.
* Have legal capacity to enter into contracts (the user declares to be over 18 years old).
* Provide your contact information in a truthful and accurate way in order to be able to send orders.
PERSONAL DATA PROTECTION
PINGOCLIPSTICK informs users of this website about its policy regarding the treatment and protection of personal data that may be collected by browsing or contracting services through the privacy policy. You can access the privacy policy as well as the cookie policy from the website at any time.
PURCHASE CONDITIONS
Service availability. Users have the possibility of ordering the items offered through the website both for shipping to an address within Spanish territory and to a European destination.
Language.
The contract will be formalized in Spanish, English, Italian or French.
Availability of the products.
Orders are subject to the availability of the products. If there are difficulties in the supply of the products or if there are no items in stock, PINGOCLIPSTICK will inform the customer of such circumstance, either by mail or by phone and will refund any amount paid for the product or products not available or change the product for another of the same value, as decided by the customer.
Product prices.
All current taxes are included in the prices of the articles, not as well as shipping costs, and both will be added to the total amount at the end of the order. PINGOCLIPSTICK reserves the right to modify prices at any time, although the products will be invoiced based on the price in effect at the time the order is placed (subject to product availability).
In the final purchase order, both the total price of the product / products will be indicated, including VAT and the corresponding shipping costs, as indicated in the following sections.
The applicable VAT rate will be the one legally in force at all times depending on the specific item in question.
In orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with current regulations. in each of these territories.
Shipping costs
The shipping costs will be paid, except in particular otherwise, by the buyer, being these paid together with the total economic amount derived from the products included in the order.
Due to the variety in the characteristics of the products, as well as depending on whether the shipment is to peninsular territory, or to the Balearic Islands, Canary Islands, Ceuta or Melilla, or outside of Spanish territory, we work with different means of transport, for what the cost of shipping costs will be calculated as the order is made, incorporating the final cost of shipping at the end of the purchase process.
For deliveries to the Peninsula and the Balearic Islands, shipping costs will be free for orders over € 20.
How to place an order.
To place an order you must select the desired item or items. Once you have selected to
two items you want, they will be added to your shopping cart. The next step will be to process the order and make the payment. To do this, you must follow the steps that are requested on the website and follow the purchase instructions that appear on the screen. You will only be asked for the information necessary for the purchase and subsequent delivery of the order. Before formalizing the purchase, you must EXPRESSLY ACCEPT these conditions as well as the privacy policy.
The data recorded by the website constitutes proof of the transactions carried out. The customer will receive order confirmation by email.
During the process, before making the payment, you can modify the details of your order. The order is not formalized until the process is finished, which will happen when you have made the payment. Clicking on “Pay” implies that you purchase and pay for the selected items, this step is a binding commitment.
There are no purchase limits. The user can place the order for the number of items they want, without established minimums or maximums.
Right to cancel the order.
PINGOCLIPSTICK reserves the right to reject an order from a customer with whom there is a dispute.
Likewise, PINGOCLIPSTICK has the right to reject or cancel an order for justified reasons, such as:
* Due to an error in the billing information (which is incorrect or impossible to verify)
* If there is suspicion of fraud with the bank card
* If it is not possible to send it to the indicated address
* If there are reasons why it is suspected that the user is not a final consumer
* If the user is under 18 years old
* If the full payment has not been made.
Way to pay.
You can use a bank card, transfer and PAYPAL as a means of payment. Once redirected to the payment gateway, the payment data is requested from the customer, if the POS confirms the payment, the order will be registered.
The payment procedure by credit card is completely private between the buyer and the Universal Pay platform provided by Banco Liberbank, so that at no time will we have access to your card details.
Only payments in EUROS are accepted.
The order will be sent to the address you indicate once the payment of the total amount of the order has been confirmed. If the amount is not for the total, PINGOCLIPSTICK reserves the right not to send the order until it has been fully paid by the customer.
Delivery.
The products will be sent to the address that the user has indicated.
The delivery time ranges between 2-5 days for addresses on the peninsula.
The delivery time for addresses outside the Spanish territory ranges between 7 and 10 business days.
In any case, the maximum period is two weeks.
The indicated deadlines will be respected as long as there are no unforeseen or extraordinary circumstances beyond our control. If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option to proceed with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
For the purposes of these conditions, it will be understood that the “delivery” has occurred or that the order has been “delivered” at the moment in which you or a third party indicated by you acquire material possession of the products, which is accredited by signing the receipt of the order at the agreed delivery address.
Impossibility of delivery.
If it is impossible to deliver the order to the address indicated, PINGOCLIPSTICK will try to deliver it to a third party indicated by the customer or retry its delivery at a later date. For this, we ask that if you are not going to be at home, contact PINGOCLIPSTICK to arrange delivery on another day.
If within the period established by the carrier, counting from the time your order is available for delivery, the order could not be delivered for reasons not attributable to PINGOCLIPSTICK or the carrier, the products will be returned to PINGOCLIPSTICK warehouses in which case , PINGOCLIPSTICK may charge the customer the shipping and return costs, as well as the possible associated management costs.
PINGOCLIPSTICK will not be responsible for errors or damages caused in the delivery when the address entered by the client does not exist or will be incorrect.
At the time of delivery of the product, the client or the receiver must show an identification document to the carrier, verify the apparent condition of the packages and sign and write down the observations and apparent reservations at that time on the delivery note. In any case, you must notify PINGOCLIPSTICK within a maximum period of 24 hours from delivery for communication to the carrier.
Cancellation of an order.
The user has the right to cancel an order without giving any explanation. This right is the right of withdrawal
ment established by art. 102 Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
To cancel an order, you can notify it by email by going to info@pingoclipstick.com or by post to the address Bº La Pesa 138, 39590 Quijas – Cantabria (Spain).
If you send us an email or written communication, please include the details of your order to help us identify it.
The withdrawal period will expire 14 calendar days from the day that the customer or a third party indicated by the customer, other than the carrier, acquired material possession of the goods or in the event that the products that make up the order are delivered separately, 14 calendar days from the day that the customer or a third party indicated by the customer, other than the carrier, acquired material possession of the last of the aforementioned products.
Once the right of withdrawal has been exercised, the user must send the delivered products to the indicated address, therefore assuming the return costs. Please bear in mind that if you decide to return the items to us, postage due, we will be authorized to charge you for the expenses we may incur.
The right to withdraw from the contract will apply exclusively to those products that are returned in the same conditions in which the customer received them. No refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage, so you must be careful with the / the product / s while they are in your possession. Please return the item using or including all its original packaging with all labels. Please do not remove the labels until you are sure you want to keep each item.
The foregoing will not apply to the climbing pole product in terms of its unpacking, since it is not necessary to open the straps for checking. With which the right of withdrawal will be accepted in the same conditions in which you received it.
After examining the article we will inform you if you are entitled to a refund of the amounts paid.
If the return includes the entire purchase, the correct procedure has been followed and the products are new and unused, we will proceed to refund the total amount of the purchase without including shipping costs within a period of 14 days from when we receive the order canceled.
If the return only includes a part of the order, the correct procedure has been followed and the products are new and unworn, we will only refund the value of the returned products.
Return of defective products.
If you return the products to us because they are defective or the descriptions do not correspond to them, we will proceed to reimburse the full price of the products, together with the shipping costs derived and the return of the item.
Guarantee of the products purchased
The products have a legal guarantee for lack of conformity of the same that is manifested in a period of two years from the date of delivery and in accordance with the provisions of the applicable regulations. The client must inform PINGOCLIPSTICK of the lack of conformity within two months of becoming aware of it.
The guarantee offered by PINGOCLIPSTICK corresponds to that established in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the defense of Consumers and Users.
The warranty does not include deficiencies caused by negligence, blows, improper use or manipulation, unsuitable voltage, electrical accidents, installation and / or use not in accordance with the instructions for use or not carried out by the authorized technical service when appropriate. Products modified or repaired by the customer or any other person not authorized by the technical assistance service are excluded from the guarantee.
RESPONSIBILITIES
Access and use of this website is the responsibility of the users. It is not guaranteed by PINGOCLIPSTICK
– The infallibility, availability, continuity, lack of security deficiencies on the website
– That the content of the page or the information that passes through it is free of viruses or other harmful elements as well as errors, omissions or inaccuracies.
– The possible damages or losses that could be derived from interferences, omissions, interruptions, computer viruses, breakdowns or disconnections in the operational functioning of the website
– Delays or blockages in the use of this page caused by deficiencies or overloads of the data processing center, or damages that may be caused
sados by third parties through illegitimate interference that are beyond the control of PINGOCLIPSTICK.
– PINGOCLIPSTICK is exonerated from liability for any damage or harm that the user may suffer as a result of errors, defects or omissions in the information provided, provided that it comes from other sources.
The mere access to the web page does not imply any kind of commercial relationship between PINGOCLIPSTICK and the user.
Transfer of rights and obligations.
The contract is binding both for the client and for PINGOCLIPSTICK as well as for our respective successors, assignees and successors in title. The client may not transmit, assign, encumber or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained prior written consent from PINGOCLIPSTICK. We can transmit, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, at any time during its term. To avoid any doubt, said transmissions, assignments, encumbrances or other transfers will not affect the rights that, in your case, you, as a consumer, have recognized by law nor will they cancel, reduce or limit in any other way the guarantees, both express and implied. , that we could have granted.
INFORMATION AND CONTENTS OF THE WEB
The information shown on the website is current on the date of the last update. PINGOCLIPSTICK reserves the right to update / modify / delete information on this website at any time and without prior notice.
In the event that the website contains links to other websites and third-party materials, said links are provided for informational purposes only, without PINGOCLIPSTICK having any control over the content of said websites or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.
PINGOCLIPSTICK reserves the right to modify the Terms and Conditions of Purchase. The modifications introduced will not be retroactive. If you do not agree with the modifications made, we recommend that you do not use our website.
PIRACY VIRUSES AND OTHER COMPUTER ATTACKS
The user must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material. The user will not try to have unauthorized access to this website, to the server where said page is hosted or to any server, computer or database related to our website. The user agrees not to attack this web page. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of the download of contents of the same or to which it redirects.
INTELLECTUAL PROPERTY AND COPYRIGHT
The user acknowledges and agrees that all copyright, trademark and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to PINGOCLIPSTICK. The user may make use of said material only in the manner expressly authorized.
APPLICABLE LEGISLATION AND JURISDICTION
The use of this website and the contracts for the purchase of products through it will be governed by Spanish legislation. Any controversy that arises or is related to the use of the website or with said contracts will be subject to the non-exclusive jurisdiction of the courts and tribunals of Cantabria.
You can make any complaint and claim to Benjamín Ruiz-Capillas Molleda by email info@pingoclipstick.com or by post to the address Bº La Pesa 138, 39590 Quijas – Cantabria (Spain).