Terms and conditions
TERMS OF USE AND PURCHASE ON THE PICSIL SPORT WEBSITE
INTRODUCTION
This document sets out the conditions for accessing and using the website www.picsilsport.com and for the purchase of products and/or services made on it. The user must carefully read these Terms, the Cookie Policy, and the Privacy Policy before using the services provided on this page. If you use this page or perform any operation through it, you are giving your consent and accepting these Terms and the Data Protection Policy.
If after reading these terms you do not agree with them or with the use that will be made of your personal data, you should not use the services provided by this website. The responsible entity reserves the possibility of modifying these general conditions. The user must read them periodically as they may be modified at any time. The conditions that will apply are those that are exposed at the time of the sale. For any questions or clarifications about the content of these conditions, you can contact us using the phones and contact addresses.
2 IDENTIFICATION OF THE PARTIES
On one hand, the provider of the requested goods and/or services is:
Company name: SP GLOBALSPORT SL
Tax ID: B71320287
Registered Office: Pol. Ind. Calle F, No.10, 31592 Cintruenigo (Navarra) Registered in the commercial registry of Navarra, Sheet NA-36792, Folio 44, Volume 1853.
Phone: 641147054
Email: admin@picsilsport.com
Hereinafter PICSIL SPORT
On the other hand, the registered user on the website with a username and password for which they have full responsibility for use and custody, being responsible for the truthfulness of the personal data provided to PICSIL SPORT.
The user agrees when using the web and/or placing orders or other operations to: i. Use the web only for making legally valid inquiries or orders. ii. Not make false or fraudulent orders. iii. Provide and keep updated all the necessary contact information. If you do not provide us with all the required information, we will not be able to process your request. By placing an order, the user declares to be over 18 years old and to have the legal capacity to enter into contracts.
3.- PURPOSE OF THESE GENERAL CONDITIONS
These general conditions aim to regulate the contractual relationship of sale that arises between PICSIL SPORT and the user at the moment the user accepts during the online contracting process, by checking the corresponding box, entering the requested data, and making the payment. The contractual relationship of sale involves the delivery, in exchange for a certain price and publicly displayed through the website, of a specific product or service.
4.- CONTRACTING PROCEDURE. HOW TO PLACE AN ORDER
To access the services offered by PICSIL SPORT, the user must register on this website by creating a user account. To do this, they must freely and voluntarily provide the required personal data.
The user will select a username and password, committing to use them diligently and not make them available to third parties, as well as to inform PICSIL SPORT of their loss or theft or possible access by an unauthorized third party, so that it can proceed to immediate blocking.
Once the user account has been created, it is informed that in accordance with the requirements of art. 27 of Law 34/2002 on Information Society Services and Electronic Commerce, the contracting procedure will follow the following steps: Select the products you wish to purchase. Each selected product is automatically added to the “shopping cart”. Once the product(s) to be purchased have been selected, a summary of the order with all the selected products will be displayed on the “shopping cart” screen. If you have a discount voucher, check the corresponding box.
Identification.
If this is your first time placing an order with us, check the box on the left and click on «Create account». A new window will appear on the screen. Enter your personal information (mandatory fields: name and surname, phone number, and email address) and create an account.
If you have already placed orders with us online, identify yourself by entering your email address on the right of the page. Your details will automatically appear once you have entered your email address and password. Address. If you wish, modify the delivery or billing address, if they are different from those provided during the account creation process.
To continue, click on «Next». Shipping costs.. Delivery costs depend on the category of products or the type of delivery chosen. Products are delivered directly to the home or delivery address indicated by the customer, under the conditions set out below, through the MRW courier service. Delivery costs consist of a base value per order or delivery. If your order consists of products included in different classes, the total value of the delivery costs will be the highest value of these classes.
Please read the detailed explanation:
Base cost The base cost represents a fixed value per item class. Rate applied to each of the defined product classes: Class 1 - Products of normal dimension and weight (up to 5kg) Class 2 - Products of large dimension and weight (+ 5kg)
The base cost represents a fixed value per item class. Payment method.
PicSil offers several solutions to proceed with the payment of your purchase on www.picsilsport.com: Credit/debit card Paypal Bank transfer Order confirmation. Once the order is validated, we will send you a confirmation email. This message will include your name, order description, price, and shipping address.
Our system records the date and content of the order, which is subject to subsequent verification by our services to check its conformity with the product description offered at the time the order is placed.
SERVICE AVAILABILITY The items offered through this website are only available for delivery to Spanish territory.
5. ORDER DELIVERY
The estimated delivery time is 48-72 hours from the day after the payment confirmation of the order. (Excluding Saturdays, Sundays, and holidays) There is also the option of urgent shipping with delivery in 24 hours, from the day after the payment confirmation of the order. (Excluding Saturdays, Sundays, and holidays).
The products are delivered in secure packaging. If external damage to the product's packaging is detected, the customer must detail this fact on the receipt signed with the carrier and immediately contact our Customer Service line through www.picsilsport.com or via the number 910 05 37 67.
A delivery receipt without any note of damage equates to a product with packaging in perfect condition. Likewise, if damage is detected on the product once the package is opened while the packaging is in perfect condition, the customer has 24 hours from receipt to contact our Customer Service line through www.picsilsport.com.
If you are not at the indicated address at the time of delivery, a notice will be left with the phone number you can contact to arrange a new delivery attempt. After 3 business days from the first attempt without the customer having agreed on a new delivery date, your order will be returned to our warehouse.
6. PRICE
The price of the products will be as set at the time of purchase on our website, except in the case of a manifest error. Although we try to ensure that all prices listed on the site are correct, errors may occur. If we discover an error in the price of any products you have ordered, we will inform you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, the order will be considered canceled and you will be fully refunded any amounts that have been paid.
We are not obliged to supply you with any product at the incorrect lower price (even if we have sent you the Shipping Confirmation) if the price error is obvious and unmistakable and could have been reasonably recognized by you as an incorrect price.
The prices applicable to each product will be those published on the website and automatically applied by the contracting process in the final phase of the same. All prices published on the web, except for omission or transcription or computer error, are valid and include the corresponding VAT. The prices on the website include VAT but exclude shipping costs, which are added to the total amount due. Prices may change at any time, but changes will not affect confirmed orders.
7. SHIPPING COSTS
Delivery costs depend on the category of products or the type of delivery chosen. Products are delivered directly to the home or delivery address indicated by the customer, under the conditions set out below, through the MRW courier agency. Delivery costs consist of a base value per order or delivery. If your order consists of products included in different classes, the total delivery costs will be the highest value of these classes.
Please read the detailed explanation: Base cost The base cost represents a fixed value per item class. Rate applied to each of the defined product classes: Class 1 - Products of normal dimension and weight (up to 5kg) Class 2 - Products of high dimension and weight (+5kg) The base cost represents a fixed value per item class. The products offered in this service are aimed at end consumers under the terms and conditions provided by the Retail Trade Law. In this sense, any purchase request outside the parameters of an average consumer and/or massive order requests from the same buyer and/or recipient may not be attended to.
8. PAYMENT METHODS
PICSIL SPORT offers you several payment methods: by credit card, Paypal, bank transfer.
Payment by credit card: at www.picsilsport.com you can use the following credit cards: - VISA - MasterCard Once you have validated all the information about your purchase (items, shipping methods, delivery and billing address) a new page will appear for you to choose which payment method you wish to use and enter your details. If you make the payment by credit card, the charge on your card will be made in deferred (except maestro card), that is, at the time of shipment. In this way, only the items actually shipped will be charged.
Payments cannot be made with cards issued outside the Spanish territory. Picsilsport.es reserves the right to reject any operation made with a credit card. In this case, we will proceed to refund the cash on the original card. In these cases, and if the customer is interested in continuing with the purchase of the items, we will request a bank transfer.
PayPal: You can make the payment of your purchase through PayPal. When choosing PayPal as a payment method, the billing address indicated above will be ignored, and the address registered in your PayPal account will be taken into account for billing purposes.
Bank transfer: You can make the payment of your purchase by bank transfer by selecting this payment method. The transfer must be made to the following account: Beneficiary: PicSil sSP GLOBAL SPORTS SL Account number (BBVA): ES9201820374950101503714 When making the transfer, the concept field must be indicated:
Order number
Name and Surname of the person registered on the site and making the purchase.
Once the order is placed, you have a maximum period of 4 days from the date of confirmation of the same to order the bank transfer. After this period, if the payment has not been made, we will proceed to cancel the purchase. The purchase is not considered finalized until there is evidence of the transfer being made
Financed through KLARNA. In this case, your data will be processed by Klarna Bank AB (publ), registered in the Swedish Companies Registration Office with company number 556737-0431 and with its registered office at Sveavägen 46, 111 34 Stockholm. You can consult the privacy policy of this company and its conditions at www.klarna.com
9. VALUE ADDED TAX AND BILLING
As established by the tax regulations on Value Added Tax, the delivery of the items will be understood to be 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 for each product or service. In the Canary Islands, Ceuta, and Melilla, the corresponding taxes for those territories apply,
10. RETURN POLICY. RIGHT OF WITHDRAWAL
If you are contracting as a final consumer and not as a trader or entrepreneur, you have the right to withdraw from this contract within the legal period, without the need for justification. To exercise the right of withdrawal, you must send us written communication through the contact addresses indicated above. You can use the withdrawal form model that appears as an Annex to these Conditions, or send us a document that includes at least the necessary information for the correct identification of the order. You have 30 calendar days to return the purchase.
Contact our Customer Service to find out how to proceed with the return. Never send the item without having previously contacted our Customer Service. Although the collection and shipping management is handled by PicSil, the collection costs will be borne by the customer and the shipping costs will be completely free with PicSil assuming that cost.
Return Conditions:
Items without signs of use.
Return with all its components, accessories, instruction manuals, and original packaging.
Return Period: 30 calendar days from the day the delivery is made.
Once the merchandise is received in our warehouses, and after checking its condition, the refund of its amount and shipping costs will be processed, according to the payment method made by the customer and, in any case, within a period not exceeding 14 calendar days from the receipt of the returned merchandise. The direct cost of returning the good or service will be borne by the customer as stated in the LGCU.
There are exceptions to the right of withdrawal. The return will not apply to: The supply of goods made according to the consumer and user's specifications or clearly personalized (for example: weapons, furniture, tailor-made clothing, customized clothing such as sports shirts with personal names). The supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery (for example: earrings, all beauty items, toiletries, cosmetics, personal care, hair accessories, underwear, stockings, and tights, and all those body use products). The supply of goods that may deteriorate or expire quickly such as costumes or party clothing. The supply of sealed goods that are not suitable for return for health or hygiene reasons and that have been unsealed after delivery.
The supply of goods that after delivery and considering their nature have been mixed in an inseparable way with other goods. The supply of sound recordings, videos, video games, and sealed software provided on any physical medium (CD, Vinyl, DVD, Blu-ray, etc.), which have been unsealed by the consumer and user after delivery. The supply of digital content that is not provided on a material medium.
Food or sports supplementation items. A withdrawal form is available as an annex to these general conditions
11. LIABILITY AND DISCLAIMER
The liability of PICSIL SPORT in relation to any product purchased on this website will be strictly limited to the purchase price of said product. All product descriptions, information, and materials that appear on this website are supplied "as is" and without express or implied warranties about them except those legally established.
In this sense, if you contract as a consumer and user, PICSIL SPORT is obliged to deliver items that conform to the contract, responding to you for any lack of conformity that exists at the time of delivery of the product. It is understood that the products conform to the contract as long as (i) they match the description made by us and possess the qualities that we have presented on this website, (ii) they are suitable for the uses to which products of the same type are ordinarily intended, and (iii) present the usual quality and performance of a product of the same type that can be reasonably expected.
12. WARRANTY
In relation to the warranty of the products, the regulations grant goods of a durable nature a legal warranty of 3 years from the date of delivery. The consumer and user must inform the seller of the lack of conformity within two months from when they became aware of it.
Deficiencies caused by negligence, blows, improper use or handling, unsuitable voltage, incorrect installation not carried out by the authorized Technical Service when applicable, or materials subjected to wear due to normal use are not included. In the case of computer items, the warranty will not cover the removal of viruses, restoration of programs for this reason, or reinstallation of the disk caused by its deletion.
In those incidents that justify the use of the warranty, repair, replacement of the item, reduction, or refund will be chosen, in the legally established terms. For any exchange or return, it is essential to present documentation that proves the sale and/or invoice. These documents are the confirmation and/or delivery emails.
You must contact us through the phones and addresses indicated above. Some products have a warranty period longer than legally established. It is a type of commercial warranty. Request information.
13. INDUSTRIAL AND INTELLECTUAL PROPERTY
The trademarks and logos appearing on our website are registered and cannot be used without written agreement with the responsible party of the website. PICSIL SPORT is the owner or holds a license for its use.
14 COMMUNICATIONS BETWEEN PICSIL SPORT AND USERS
Consumer legislation requires that part of the information or communications we send you must be in writing. Therefore, by accepting these general conditions, you agree that such communications with us will be through one of the electronic means you have provided.
For contractual purposes, you consent to the use of electronic means of communication and acknowledge that all contracts, notifications, information, and other communications we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights as a consumer recognized by law.
15. FORCE MAJEURE
PICSIL SPORT will not be responsible for delays or failures that occur in the access, operation, and functionality of the Web, its Contents, and/or Services, nor for interruptions, suspensions, or malfunctions thereof, when they originate from breakdowns caused by natural disasters such as earthquakes, floods, lightning, or fires, force majeure situations, extreme emergency situations such as wars, military operations, civil disturbances, strikes, lockouts, or any other force majeure situation or fortuitous cause.
16. PROTECTION OF PERSONAL DATA
PICSIL SPORT is deeply committed to complying with European and Spanish regulations on the protection of personal data and guarantees full compliance with the obligations set forth in both the Law 3/2018 on Personal Data Protection and the guarantee of digital rights, as well as in the EU Regulation 679/2016.
To use or access certain Services and/or Contents, PICSIL SPORT may require users to fill out certain registration forms that necessarily involve the provision of certain personal data. PICSIL SPORT will process these data in accordance with the purposes and under the conditions detailed in each case.
By completing and submitting any form incorporated into the Website, the user expressly consents and authorizes PICSIL SPORT to collect, automatically process, or transfer, as the case may be, the personal data requested in accordance with the purposes and under the conditions detailed in each case.
You will find detailed information about the processing of your personal data in the "privacy statement" section on this same website.
17.-PRIVACY POLICY
You will find detailed information about the processing of your personal data in the "privacy statement" section on this same website.
18. USE OF COOKIES
You will find detailed information about cookies in the "cookie policy" section on this same website.
19. PARTIAL NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining terms and conditions will remain in force, unaffected by such declaration of nullity.
20. JURISDICTION AND RESOLUTION OF DISPUTES IN CONSUMER MATTERS
For the resolution of conflicts that may arise in relation to purchases made by end consumers from this website, PICSIL SPORT SL will submit to the Courts and Tribunals of the domicile of the user, who may, if deemed appropriate, file a claim with any of the accredited entities for the resolution of consumer disputes.
You will find an updated list of accredited entities in Spain for the resolution of consumer disputes at the following link https://ec.europa.eu/consumers/odr/main/?event=main.adr.show2 The European Commission has launched a unique and free platform (RLL) to help consumers and businesses resolve disputes related to operations and contracts made online.
Its creation and development are regulated by Regulation EU 524/2013 of the European Parliament, which in turn is based on the Directive on alternative dispute resolution for consumer disputes.
The platform allows consumers and traders in the European Union to file complaints by filling out an electronic form available in all official languages, with the option to attach relevant documents.
Disputes can be resolved, both in the case of national and cross-border operations, as long as the operation has been formalized electronically via the Internet. It is an additional form of dispute resolution that does not replace the possibility of going to court.
The procedure consists of channeling national disputes towards alternative dispute resolution bodies that are connected to the platform and have been selected by the Member States based on quality criteria and have been notified to the Commission.
For these purposes, in Spain, the CEC (European Consumer Centre), attached to the AECOSAN (Spanish Agency for Consumer Affairs, Food Safety and Nutrition), has been designated as the contact point for the platform. The CEC will provide assistance and support to those who request it in filing complaints through this platform. We remind you that you can access the online dispute resolution platform by following this link https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
WITHDRAWAL FORM (You should only complete and send this form if you wish to withdraw from the contract)
Company name: SP GLOBALSPORT SL
C.I.F./N.I.F.: B71320287
Registered Office: Pol. Ind. Calle F, Nº10, 31592 Cintruenigo (Navarra) Registered in the Commercial Register of Navarra, Sheet NA-36792, Folio 44, Volume 1853.
Telephone: 641147054
Email: admin@picsilsport.com
Hereby I notify you that I withdraw from my sales contract for the following product or products with reference
Ref. Number
Ref. Number Belonging to order no. with purchase date
Buyer's name/s
Buyer's address/es
If the shipping address is different from the buyer's, please fill in the following details:
Recipient's name
Recipient's address
Consumer's signature/s
Date