ESP
This website, www.pintaypinto.com (hereinafter referred to as the Website), is owned by Fernando Villar Bada, with NIF: 12393180K, whose contact details are:
Address: C/ Piteres 9, Block 2, Apartment 4, 03590 - Altea, Alicante
Contact Phone: 620883758
Contact Email: info@pintaypinto.com
This document (as well as other documents mentioned herein) regulates the terms and conditions for the use of this Website (www.pintaypinto.com) and the purchase or acquisition of products and/or services on it (hereinafter, the Terms).
For the purposes of these Terms, it is understood that the activity that the website develops through the Website includes:
Publishing company dedicated to the manufacturing, marketing, and distribution of books, giant maps, and educational games.
In addition to reading these Terms, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Terms of Use, including the cookie policy, and the privacy and data protection policy of the website. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Terms and all of the aforementioned, so if you do not agree with all of this, you should not use this Website.
Furthermore, it is informed that these Terms could be modified. The User is responsible for consulting them each time they access, browse, and/or use the Website as those that are in force at the time the acquisition of products and/or services is requested will be applicable.
For any questions that the User may have regarding the Terms, they can contact the owner using the contact details provided above or, where appropriate, using the contact form.
Access, browsing, and use of the Website confer the condition of user (hereinafter referred to, interchangeably, individually as User or collectively as Users), so all the Terms set out here are accepted from the moment the User begins to browse the Website, as well as any subsequent modifications, without prejudice to the application of the corresponding legally binding regulations, as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The Website is primarily directed to Users residing in Spain. The website does not ensure that the Website complies with the laws of other countries, either totally or partially. The website declines all responsibility that may arise from such access, as well as does not ensure shipments or provision of services outside of Spain.
The User may formalize, at their choice, with the website the sales contract for the desired products and/or services in any of the languages in which these Terms are available on this Website.
Users can purchase on the Website by the means and forms established. They must follow the online purchase and/or acquisition procedure of www.pintaypinto.com, during which several products and/or services can be selected and added to the cart, basket, or final purchase space and, finally, click on: "Pay Now."
Additionally, the User must fill in and/or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Subsequently, the User will receive an email confirming that the website has received their order or purchase request and/or service provision, i.e., the order confirmation. And, where appropriate, they will also be informed via email when their purchase is being shipped. Where appropriate, this information could also be made available to the User through their personal connection space on the Website.
Once the purchase process is completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where appropriate, through their personal connection space on the Website. The User can also obtain a paper copy of their invoice by requesting it from the website using the contact spaces on the Website or through the contact details provided above.
The User acknowledges being aware, at the time of purchase, of certain specific sales conditions concerning the product and/or service in question and which are shown alongside the presentation or, where appropriate, image of it on its page on the Website, indicating, by way of example but not limited to, and depending on each case: name, price, components, weight, quantity, color, product details, or characteristics, how it will be carried out and/or the cost of services; and acknowledges that the placement of the purchase order or acquisition materializes the full and complete acceptance of the applicable specific sales conditions.
Communications, purchase orders, and payments involved during transactions carried out on the Website could be archived and retained in the website's computerized records to constitute proof of transactions, in all cases, respecting reasonable security conditions and the laws and regulations in force that apply in this regard, and particularly in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons concerning the processing of personal data and on the free movement of such data (GDPR) and the Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and to the rights of Users according to the privacy policy of this Website.
All purchase orders received by the website through the Website are subject to the availability of the products and/or to any circumstance or cause of force majeure (clause nine of these Terms) affecting the supply of these and/or the provision of services. If there are difficulties in the supply of products or no products remain in stock, the website commits to contacting the User and refunding any amount that may have been paid. This will also be applicable in cases where the provision of a service becomes impossible.
The prices displayed on the Website are final, in Euros (€), and include taxes unless otherwise stated and applied by legal requirement, especially regarding VAT.
Shipping costs are included in the final prices of the products as displayed on the Website. The website carries out delivery and/or shipping services through: Correos, Seur, UPS, and others depending on the destination.
In no case will the Website automatically add additional costs to the price of a product or service, except those selected and freely chosen by the User.
Prices may change at any time, but any potential changes will not affect orders or purchases for which the User has already received an order confirmation.
Accepted payment methods will be: Credit or debit card, PayPal, and bank transfer.
The website uses all means to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the issuing bank, and if the bank does not authorize the payment, the website will not be liable for any delay or failure to deliver and will not be able to formalize any contract with the User.
Once the website receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure there are sufficient funds to complete the transaction. The card will be charged when the website sends the User the shipping confirmation and/or confirmation of the service provided, as applicable.
If the payment method is PayPal, the charge will be made when the website sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on "Pay Now," the User confirms that the payment method used is their own.
Purchase or acquisition orders where the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be processed by the payment system used by the website for the Website. When the system receives the transfer, the order will be prepared and processed for shipping.
With this payment method, the User must ensure they correctly enter the exact purchase order amount, as well as the account number and transfer reference. In case of an error, the website will not be able to validate the order, which will be canceled.
In cases where the physical delivery of the contracted goods is required, deliveries will be made within the following territory: Worldwide.
Except in cases of unforeseen or extraordinary circumstances or, where applicable, due to the personalization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum of 30 calendar days from the date of the order confirmation.
If for any reason attributable to the website, it cannot meet the delivery date, the website will contact the User to inform them of this situation, and the User may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the amount paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the User's absence, the order may be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to arrange for it to be delivered again.
If the User will not be available at the delivery location during the agreed time slot, they must contact the website to arrange delivery on another day.
If 30 days pass since the order is available for delivery and it has not been delivered for reasons not attributable to the website, the website will understand that the User wishes to withdraw from the contract, and it will be considered terminated. As a consequence of the contract termination, all payments received from the User will be returned, except for any additional costs resulting from the User's choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is deemed terminated.
However, the User should be aware that transportation resulting from contract termination may incur additional costs that may be charged to them.
For the purposes of these Terms, it will be understood that delivery has occurred or that the order has been delivered at the moment when the User or a third party indicated by the User acquires physical possession of the products, which will be evidenced by the signing of the receipt of the order at the agreed delivery address.
The risks associated with the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when the website receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the moment of delivery if it occurs later than the receipt of the full payment by the website.
In accordance with the provisions of Law 37/1992, of December 28, on the Value Added Tax (VAT), purchase orders for delivery and/or provision will be considered located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time based on the specific item in question.
The User is informed that if they detect an error when entering the necessary data to process their purchase request on the Website, they can modify them by contacting the website through the contact sections provided on the Website, and, where appropriate, through those provided to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information can also be corrected by the User through their personal connection space on the Website.
In any case, before clicking on "Pay Now", the User has access to the space, basket, or cart where their purchase requests are recorded, and they can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy for more information on how to exercise their right to rectification in accordance with the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data (GDPR) and in Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights.
In cases where the User has purchased products on or through the Website of the owner, they are assisted by a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and therefore has the right to withdraw from said purchase within 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorised by them, other than the carrier, acquires physical possession of the goods purchased on the Website, or in the case that the goods that make up their order are delivered separately, 14 calendar days from the day the User or a third party authorised by them, other than the carrier, acquires physical possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the conclusion of the contract.
To exercise this right of withdrawal, the User must notify their decision to the website. They may do so, where appropriate, through the contact sections provided on the Website.
The User, regardless of the medium they choose to communicate their decision, must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by the website as an annex to these Conditions; however, its use is not mandatory.
To meet the withdrawal deadline, it is sufficient for the communication expressing unequivocally the decision to withdraw to be sent before the corresponding deadline expires.
In the event of withdrawal, the website will reimburse the User for all payments received, including delivery costs (except for the additional costs chosen by the User for a delivery method different from the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which the website is informed of the decision to withdraw by the User.
The website will reimburse the User using the same payment method that the User employed for the initial purchase transaction. This reimbursement will not generate any additional cost to the User. However, the website may withhold the reimbursement until it has received the goods or items from the purchase, or until the User provides proof of the return of these, depending on which condition is met first.
The User can return or send the products to the website at: C/ Piteres 9, Block 2, Apartment 4, 03590 - Altea, Alicante
And they must do so without undue delay and, in any case, no later than 14 calendar days from the date on which the website was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transport, delivery) if incurred. Additionally, they will be responsible for the decrease in value of the products resulting from handling different from that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that they are aware of the exceptions to the right of withdrawal, as stated in Article 103 of Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that can deteriorate or expire quickly; CDs/DVDs of music or video without their wrapping, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
Similarly, the provision of a service that the User could contract on this Website is governed by the same Law, which states that the Right of Withdrawal will not be available to Users when the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with the acknowledgment that they are aware that, once the contract has been fully executed by the website, they will have lost their right of withdrawal.
In any case, no reimbursement will be made if the product has been used beyond the mere opening of it, products that are not in the same condition in which they were delivered, or that have suffered any damage after delivery.
Additionally, products must be returned using or including all original packaging, instructions, and other documents that may accompany them, as well as a copy of the purchase invoice.
At the following link, you can download the Model withdrawal form: withdrawal form.
Return of defective products or error in shipment
This refers to all cases in which the User considers that, at the time of delivery, the product does not conform to the contract or purchase order, and therefore must immediately contact the website and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed of how to proceed with the return of the products, and these, once returned, will be examined, and the User will be informed, within a reasonable period, whether the refund or, where appropriate, the replacement of the item is applicable.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date we send an email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in returning them. The refund will be made using the same payment method that the User used to pay for the purchase.
In any case, the rights recognised in the legislation in force at any time for the User, as a consumer and user, will always be observed.
Guarantees
The User, as a consumer and user, has guarantees on the products that they may purchase through this Website, in the terms legally established for each type of product, with the website being responsible for the lack of conformity of these products that becomes apparent within a period of three years from the delivery of the product.
In this regard, it is understood that the products conform to the contract provided that: they conform to the description made by the website and possess the qualities presented therein; they are fit for the uses to which products of the same type are ordinarily destined; and they present the usual quality and performance of a product of the same type and that are fundamentally expected of it. When this is not the case with the products delivered to the User, they must proceed as indicated in the section Return of defective products or error in shipment. However, some of the products marketed on the Website may have non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product and will not be considered a defect.
On the other hand, it may be the case that the User purchases a product on the Website from a brand or manufactured by a third party. In this case, and if the User considers that it is a defective product, they also have the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them for three years following the delivery of such products. To do so, the User must have retained all the information regarding the product warranty.
Unless otherwise provided by law, the website will not accept any responsibility for the following losses, regardless of their origin:
Likewise, the website also limits its liability in the following cases:
In general, the website will not be responsible for any breach or delay in fulfilling any of the obligations assumed when the same is due to events that are beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and the website will have an extension in the deadline to fulfil them for a period of time equal to the duration of the cause of force majeure. The website will use all reasonable means to find a solution that allows it to fulfil its obligations despite the cause of force majeure.
By using this Website, the User agrees that most communications with the website will be electronic (email or notices posted on the Website).
For contractual purposes, the User consents to use this electronic means of communication and acknowledges that all contracts, notifications, information, and other communications that the website sends electronically comply with the legal requirements of being in writing. This condition does not affect the rights recognised by law for the User.
The User may send notifications and/or communicate with the website through the contact details provided in these Conditions and, where appropriate, through the contact sections of the Website.
Similarly, unless otherwise stipulated, the website may contact and/or notify the User at their email address or postal address provided.
No waiver by the website of a specific right or legal action, nor the failure of the website to require strict compliance by the User of any of their obligations, will constitute a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from fulfilling their obligations.
No waiver by the website of any of these Conditions or of the rights or actions derived from a contract will be effective unless it is expressly stated to be a waiver and is formalised and communicated to the User in writing.
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, unaffected by such a declaration of nullity.
These Conditions and any document expressly referred to herein constitute the entire agreement between the User and the website in relation to the object of sale and replace any other prior agreements, understandings, or promises made verbally or in writing between the same parties.
The User and the website acknowledge that they have consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.
The information or personal data that the User provides to the website during a transaction on the Website will be treated in accordance with the provisions of the Privacy Policy or data protection (contained, where applicable, in the Legal Notice and General Terms of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all the information or data provided is truthful.
The access, browsing, and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.
Any dispute, issue, or disagreement that arises or is related to the access, browsing, and/or use of the Website, or with the interpretation and execution of these Conditions, or with the contracts of sale between the website and the User, will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.
The User may submit their complaints, claims, or any other comments they wish to make to the website through the contact details provided at the beginning of these Conditions (General Information).
Additionally, the website has official complaint forms available to consumers and users, which they can request from the website at any time, using the contact details provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from the conclusion of this purchase contract between the website and the User, the User as a consumer may seek an out-of-court settlement, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of 21 May 2013, on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method via the following website: https://ec.europa.eu/consumers/odr/.
