Terms and conditions

Sale Conditions

 

“SALE GENERAL CONDITIONS OF PLAYFUNSTORE, ON-LINE SHOP OF THE JARDINITIS GROUP S.L.”

 

This document establishes the General Conditions of contractual relationship of the purchase of products from the website www.play-funstore.com owned by Jardinitis, SL (hereinafter SUPPLIER OF THE SERVICE), Atrium Atica, Vía Dos Castillas 33. Complejo Emp. Atica Edif. 4. 28224 Pozuelo de Alarcón, Madrid. These General Conditions attached to the applications of products made by THE CONTRACTOR involve the formalization of the contract of sale between THE SUPPLIER OF THE SERVICE ant THE CONTRACTOR, who claims to have read, understood and accepted the General Conditions.

 

 

Through the General Conditions THE SUPPLIER OF THE SERVICE is committed to delivering products THE CONTRACTOR has requested through the website www.play-funstore.com in exchange for a fixed price. Through the purchase of products available on this website, THE CONTRACTOR declares:

 

That he or she is a person of legal age and able to hire.

That he or she has read, understood and accepted the General Conditions.

 

 

 

The General Conditions are subjected to the Law 1/1998, dated on the 13th of April, about General Conditions of Contracting; Law 26/1984, dated on the 19th of July, about General for the Defense of Consumers and Users; to Royal Decree 1906/1999, dated on the 13th of December, about Protection of Personal Data; the Law 7/1996, dated on the 15th of January, about Regulation of the Retail Trade; the Law 34/2002, dated on the 11th of July, about Services Information Society and Electronic Commerce, and Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods.

 

 

THE SUPPLIER OF THE SERVICE reserves the right to these General Conditions at any time, without the need to communicate it to THE CONTACTOR, which is responsible for the review as a prerequisite to the puchase of any products available through this website. In any case, the General Conditions exposed on the web will be considered as valid and applicable when the CONTRACTOR acquires the products.

 

 

4.1. Delivery of the product. THE SUPPLIER OF THE SERVICE is committed to delivering the product in perfect conditions to the direction that THE CONTRACTOR specifies on the order form of the Particular Conditions attached to the General Conditions. THE SUPPLIER OF THE SERVICE shall not be responsible for errors caused during the delivery if the data entered by THE CONTRACTOR on the order form is incorrect or have been omitted. The approximate delivery time for each product will be indicated in the e-mail confirmation of purchase. In case that the product should not be in stock, THE SUPPLIER OF THE SERVICE will inform THE CONTRACTOR of the new approximate delivery by email.

 

4.2. Responsibility of THE SUPPLIER OF THE SERVICE. Under any circumstances, THE SUPPLIER OF THE SERVICE will be responsible for:

 

4.2.1. Any errors or delays caused by THE CONTRACTOR when entering their data to the order form, the slowness or inability of receiving confirmation of the adresses of the order or any anomalies that may arise when these incidents are due to problems on the Internet, to causes of fortuitous event or force majeure or any other unpredictable cause not belonging to THE SUPPLIER OF THE SERVICE. Otherwise, THE SUPPLIER OF THE SERVICE is committed to solving problems that might arise and to provide all necessary support to THE CONTRACTOR for reaching a quick and satisfactory resolution of the incident.

 

4.2.2. Any errors or damages caused by an inefficient use of the service and bad intention from THE CONTRACTOR.

 

4.2.3. Any problems or non-operating email address provided by the CONTRACTOR for the delivery of the order confirmation.

 

4.2.4. Right of withdrawal: THE SUPPLIER OF THE SERVICE recognizes THE CONTRACTOR the right to withdrawal under the terms and deadlines subjected to the Law 7/1996, dated on the 15th of January, about Regulation of the Retail Trade. In that case, THE SUPPLIERS OF THE SERVICE will reimburse THE CONTRACTOR the amount paid in respect of price and taxes, to the account number indicated by THE CONTRACTOR. THE CONTRACTOR has a deadline to exercise the rights of 7 days after the delivery of the product, considering the date indicated on the delivery document signed by THE CONTRACTOR although it can be proven otherwise. In order to exercise this right, THE CONTRACTOR should fill in the document attached to the withdrawal form that for this purpose has been established, and also THE CONTRACTOR should report it to THE SUPPLIER OF THE SERVICE, in a way supported by law and within a term consented, to the adress given at the start of the General Conditions as well as sending the respective product. In any case, THE CONTRACTOR will pay the direct cost of repayment of that product, as well as any damage ocurred as a result of its return.

 

4.2.5. Warranties: THE SUPPLIER OF THE SERVICE must deliver the product in perfect conditions, being exempt from any liability in relation to possible breakdowns or defects in the packages of the product produced after its delivery. In this case, THE CONTRACTOR renounces expressly to claim any contractual or extracontractual responsability for any damage or injury.

 

THE SUPPLIER OF THE SERVICE responds, according to Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods, to the agreement when delivering the product, with the General Conditions, as well as the card of each product, that appears on the website at the time of acquisition, or the card given to THE CONTRACTOR. THE CONTRACTOR, prior to signing the delivering order should check that the product is delivered in perfect conditions. If THE CONTRACTOR gives his apporval at the time of delivery, both parties will assume that the product is in conformity with the General Conditions as well as according to the General Conditions and its corresponding card.

 

4.2.6. Deadlines: THE SUPPLIER OF THE SERVICE responds during a period of two years, after the delivery of the product, of any lack of conformity expressed at the time of delivering of the product, according to the General Conditions and its corresponding card. In any case, THE CONTRACTOR has a period of two months to inform THE SUPPLIER OF THE SERVICE of the lack of conformity of the product, from the time when this would have been detected.

 

In the event that the lack of conformity had been detected after 6 months from the delivery of the product, it will be THE CONTRACTOR who will have to prove that the lack of confomity existed at the time of that delivery. In this case, THE SUPPLIER OF THE SERVICE will make reasonable actions so that THE CONTRACTOR can contact the manufacturer of the product in order to find the best solution in each case, being THE SUPPLIER OF THE SERVICE exempt from obtaining any concrete results.

 

4.2.7. If the product does not fulfill the General Conditions or the corresponding card, as long as it complies with the requirements set out here, THE CONTRACTOR will be able to:

 

- Demand the repair or replacement of the product, according to the rules established on the Law 23/2003, dated on the 10th of July, about Guarantees in the Sale of Consumer Goods.

 

- Demand a reduction on the price or the termination of the contract when the repairs or replacement of the product would not be possible. But under no circumstances will the contract be resolved when the lack of conformity is of negligible importance.

 

 

5.1. Payment. THE CONTRACTOR agrees to pay upfront for the product requested in the amount and form as follows:

 

5.1.1. Amount. The price of the product requested by THE CONTRACTOR is specified on the website and on the particular request of THE CONTRACTOR at every time. These requests will constitute the conditions of the order given. The prices of the products listed on the website will always appear with taxes included.

 

To prices listed on the website, transport charges have to be added. The prices are not charged by THE SUPPLIER OF THE SERVICE, but they are assigned by the official state postal service or by private messaging companies. THE SUPPLIER OF THE SERVICE will not generate any benefit to these fees, which agrees to comunicate the overall cost of both, the product and the transport charges, previously to THE CONTRACTOR before confirming the purchase and to the email adress provided.

 

5.1.2. Payment options. THE CONTRACTOR will have to pay the amount corresponding to the product puchased through (indicate payment).

 

5.2. Responsibility of THE CONTRACTOR. In any case, THE CONTRACTOR will be responsible to:

 

5.2.1. Assume all risks of deterioration, damage and loss of products from the time when these had been offered by the third party who, on behalf of providing the service, makes the delivery of the products required.

 

5.2.2. Check the condition of the package in front of the third party who, on behalf of providing the service, makes the delivery of the product required, indicating on the airbill any anomaly detected on the packaging. If, after reviewing the product, THE CONTRACTOR detect any incident such as blow, break or any damaged caused by shipping, this promises to communicate it to THE SUPPLIER OF THE SERVICE as soon as possible.

 

 

6.1. Information to THE CONTRACTOR about the existence of a file and application form for the consent for the processing of the data. In connection with the personal data provided by THE CONTRACTOR to any forms that are on the website, THE SUPPLIER OF THE SERVICE adheres strictly to the current regulation established on the Law 15/1999 about the Protection of personal data, and other norms that this develops, and reports to THE CONTRACTOR that these data will be included in a file for their automation. THE CONTRACTOR consents this automation by accepting the General Conditions.

 

6.2. Aims of treatment: THE SUPPLIER OF THE SERVICE collects certain personal information that is introduced by THE CONTRACTOR into the form to formalize the purchase of products. THE SUPPLIER OF THE SERVICE inform THE CONTRACTOR that the data will be managed automatically. THE SUPPLIER OF THE SERVICE will make use of the data for billing and shipping the product, as well as for the regular delivery of offers and commercial information. In any case, the data collected and processed by THE SUPPLIER OF THE SERVICE will not be used for any other purpose but the specified above.

 

6.3. Compulsory introduction of the data: The fields in which it appears a red box in the forms are those that require an obligatory response. In case that they will not be covered, it would be impossible to send the query or to perform the specific command.

 

6.4. Rights of acces, rectification, cancellation and opposition: THE CONTRACTOR that enters his personal information to the various forms, will have the full right to exercise his or her rights of access, rectification, cancellation and opposition at any time requesting it to (include) or by mail at info@play-funstore.com or at Jardinitis S.L. C/ Ramon Turró 102, 3r - 9a, 08005 Barcelona including both copies of the ID card or other identification card, of the owner of the data. THE SUPPLIER OF THE SERVICE reiterates that undertakes the respect and absolute confidentiality in the collection and procedure of the CONTRACTOR’s personal data, and states their commitment not to transfering the data to third parties under any circumstances, without the prior consent of holders.

 

6.5. Security: THE SUPPLIER OF THE SERVICE ensures total confidentiality and privacy of personal data collected. For this reason, security measures have been taken to prevent the alteration, loss, treatment or unauthorized acces to the data, and ensure thus their integrity and security, specially those provided in the Royal Decree 994/1999, dated on the 11th of June, about Regulation of Security Measures of the Files Containing Personal Data. THE SUPPLIER OF THE SERVICE shall not be responsible in case of incidents that might arise concerning the personal data when they are derived from an attack or unauthorized access to the systems so that it would be impossible to detect by the security measures implemented or when it results from a lack of diligence of THE CONTRACTOR in relation to the guard or custody of their passwords or their own personal data.

 

6.6. Veracity of the data: THE CONTRACTOR will be responsible for the accuracy of their data, committing itself not to introduce false data and to modify them if it would be necessary.

 

 

7.1. THE SUPPLIER OF THE SERVICE in any case will be responsible for:

 

7.1.1. The errors or incidents that may occur in the papers or incomplete transmissions so that there is no guarantee that the services of the website are constantly operating.

 

7.1.2. The production of any type of damage that THE CONTRACTOR or third parties could lead to the website.

 

7.2. THE SUPPLIER OF THE SERVICE reserves the right to suspend the access to the website without notice and discretion, permanent or temporary, to assure the effective responsibility for damage that might occur. Similarly, THE SUPPLIER OF THE SERVICE will work and notify the competent authority such incidents at the time it becomes aware that the damages constitute any kind of illegal activity.

 

 

THE SUPPLIER OF THE SERVICE reports that the website www.play-funstore.com, - its contents, programming and design – is fully protected by copyright, and is expressly prohibited any reproduction, communication, distribution and transformation of the referred elements protected unless express written consent of THE SUPPLIER OF THE SERVICE.

 

 

The General Conditions are governed by the Spanish law. To resolve any dispute or conflict arising out of the General Conditions, THE SUPPLIER OF THE SERVICE submits the criteria for determining competence established in the applicable legislation on consumers and users.

 

 

In case that any clause of these General Conditions might be declared invalid, the other clauses will remain valid and will be taken into account the will of the parties and the aim of these General Conditions. THE SUPPLIER OF THE SERVICE may not exercise any of the rights and powers conferred in this document, this does not mean, in any case, the resignation of the rights and powers except for expressed recognition by THE SUPPLIER OF THE SERVICE.

 

10. Return Policy and Cancellation

We accept the cancellation of any order until it is delivered. From that moment the Customer must wait to receive it to proceed with the return. It must comply the following conditions:

All products may be returned within 15 working days from the date of delivery in accordance with the provisions of the Spanish Retail Trade Act.

The customer, within that period of 15 working days, should communicate by email to Playfunstore the intention to return the package. Playfunstore will confirm the receipt of the request responding with another email and specifying the steps for the proper return process. Shipping costs arising from the return must be assumed by the customer.

The refund will be made through the same payment method used by the customer at the time of purchase, and it must be done within 15 working days since Playfunstore receives the package back in perfect condition, once Playfunstore realizes that in any case the returned products have been used.

In case of not returning the product in its original packaging and in perfect condition, with all accessories and documentation delivered to the customer, the good will suffer a depreciation that must be assumed by the Customer. If the return is not accepted by Playfunstore for breach of the above premises, the customer must pick up the product at the address requested by Playfunstore, within a period not exceeding thirty days from its return. Once this period has passed, Playfunstore would destroy the product, understanding that the client has abandoned it.

Returned products must include sufficient information to identify the required Client: the n ° of order and the NIF / VAT or delivery address of the order. Playfunstore use all methods at its disposal to provide the information contained on the website as truthfully and without typographic errors.

 

If there is any error of this kind, it would be corrected immediately. In case of a typographical error detected in any of the prices shown and a client has made a purchase based on that error, Playfunstore will inform the Customer, who shall be entitled to cancel the purchase at no cost on their part.