TERMS OF USE
1. GENERAL INFORMATION
These terms of use (the “Terms of Use”) govern access to and use of the website hosted under the domain name www.popsicase.com (the “Web Site”) and under any of the subdomains thereof or its dependent webpages, as well as the content and services that the owner of the Web Site makes available to its users (the “Users”) and set out with the relating to the management of the Users’ personal data, the terms and conditions governing the Web Site. In compliance with article 10 of the Information Society and Electronic Commerce Services Act 34/2002, of July 11, the following identification details are given for the owner of the Web Site: ATUNROJO BARCELONA S.L. (“ATUNROJO BARCELONA”) is a corporation with registered address in Barcelona, calle Canalejas 39, C.P. 0802, and email info@popsicase.com. ATUNROJO BARCELONA is duly registered in the Companies Register of Barcelona in Book 44468, Folio 77, Sheet 456894, Inscription 1.
2. OBJECT OF THE CONTRACT
These Terms of Use constitute the entire agreement which regulates the conditions governing the purchase of products made available to the Users by ATUNROJO BARCELONA on the Web Site (the “Products”). Access to the Web Site or its use by the User, as well as the purchase of any Product, necessarily implies, and without reservation, the knowledge and acceptance of these Terms of Use, and as such it is recommended that the User reads them carefully each time s/he wishes to buy a Product.
3. PRODUCT PURCHASE
3.1 How to buy Products In order to order Products, the User must follow the purchasing procedure set out on the Web Site, read and accept the Terms of Use and select “Checkout” (the “Order”). Then ATUNROJO BARCELONA will email the User to confirm that the Order has been accepted (the “Order Confirmation”). The contract between the User and ATUNROJO BARCELONA will be definitely formalized once ATUNROJO BARCELONA sends the User an Order Confirmation. Only those products listed in the Order will be covered by the contract. 3.2 Availability of Products All Orders are subject to availability of Products. In the event that, once the Order Confirmation is sent, ATUNROJO BARCELONA cannot provide the requested Product for any reason, it will contact the User as soon as possible in order to report this circumstance. In this case, ATUNROJO BARCELONA may: (i) offer the User, with no increase in price, a product of similar characteristics and features to the one originally requested, provided they are consistent with the needs of the User; and/or (ii) offer the User to cancel the requested Order, refunding the amount paid within (14) business days. 3.3 Refusal to process an Order Although ATUNROJO BARCELONA will always endeavour to process all Orders, there may be exceptional circumstances in which it may be forced to refuse to process an Order after having sent the Order Confirmation, and ATUNROJO BARCELONA reserves the right to do this at any time at its sole discretion. ATUNROJO BARCELONA reserves the right to withdraw any Product from the Web Site at any time and to remove or modify any materials or content, and shall not be liable to the User or to any third party as a result of withdrawing any Product from the Web Site, regardless of whether said Product has been sold or not, or as a result of removing or modifying any materials or content on the Web Site. 3.4 Product Warranty All Products contained on the Web Site are original ATUNROJO BARCELONA products. All Products have a 2-year warranty in accordance with the criteria and conditions described in Legislative Royal Decree 1/2007, of 16 November, approving the consolidated General Act on Consumer and User Protection and other complementary laws. The Products shall be deemed comply with the Terms of Use provided that they meet all of the requirements set forth below: (i) They adhere to the description given by ATUNROJO BARCELONA and possess the qualities of the Product that ATUNROJO BARCELONA has presented to the User as a sample or model. (ii) They are suitable for the uses normally given to Products of the same type. (iii) They are suitable for any particular purpose required by the User when this has been reported to ATUNROJO BARCELONA, provided that ATUNROJO BARCELONA has accepted that the product is suitable for such use. (iv) They have the usual quality and performance of a product of the same type that may be expected by the User, given the nature of the item. In the event of proven Product nonconformity with the required specifications, ATUNROJO BARCELONA shall where appropriate, repair, replace, reduce the price or terminate the contract, at no cost for the User. ATUNROJO BARCELONA shall not be liable for damage to the Products that may result from misuse thereof or from actions or omissions of the User that do not conform to the specifications of each Product, or for damage caused by third parties not related to ATUNROJO BARCELONA. ATUNROJO BARCELONA puts great care in the presentation and description of the Products. However, the photographs of the products are presented by way of illustration. For information on the precise characteristics of each Product, the User must check the description accompanying each Product. 3.5 Delivery of Products Once the Order Confirmation is sent, the Products will be delivered to the address specified by the User when making the Order within approximately one to seven (1-10) working days from when they leave the warehouse of ATUNROJO BARCELONA. ATUNROJO BARCELONA assumes no liability where the Product is not delivered due to the fact that the data provided by the User is false, inaccurate or incomplete or if delivery cannot be completed through no fault of the shipping company used for this purpose, like the absence of User or the retention of the Product by Customs. Delivery times are approximate, although ATUNROJO BARCELONA tries to meet them. 3.6 Delivery costs Delivery costs include transport, insurance and customs at source. For delivery to countries not part of the EU, customs charges at destination and other taxes (duties)are not included; the recipient will have to settle these in cash in order to receive the merchandise. The recipient shall be required to pay all import costs and custom duties at the destination, regardless of whether or not the merchandise is accepted. The goods will be dispatched in the shortest time possible; however, the recipient should take into account the import procedures of the destination country, for which ATUNROJO BARCELONA cannot be held responsible. Neither shall ATUNROJO BARCELONA accept any liability for delays caused by strikes, armed conflicts or other circumstances beyond its control. ATUNROJO BARCELONA does not accept any liability for delays due to customs procedures or in the event that the local authorities decide to confiscate any part of the order 3.7 Price and payment of the Products The prices applicable to each Product will be those published on the Web Site on the date on which the Order is placed by the User. Although ATUNROJO BARCELONA tries to ensure that all prices listed on the Web Site are accurate, errors may occur. In the event that ATUNROJO BARCELONA discovers an error in the price of any of the Products that a User has requested, it will inform the User as soon as possible and give him/her the option of reconfirming the order at the correct price or cancelling it. If ATUNROJO BARCELONA fails to contact the User, the order will be considered cancelled and the User shall be fully refunded any amounts paid. ATUNROJO BARCELONA shall not be required to provide the User with any Product at an incorrect lower price (even if the Order Confirmation has been sent) if the pricing error is obvious and unmistakeable and could be reasonably recognized by the User as an incorrect price. The prices may change at any time. However, any changes will not affect the Products with respect to which ATUNROJO BARCELONA has already sent an Order Confirmation. a) Form of payment Users may pay by credit card or Visa debit, Visa Electron, MasterCard or PayPal. To minimize the risk of unauthorized access, the User’s credit card details will be coded. Both if the payment is made by credit or debit card or through PayPal, the charge will be made at the time when ATUNROJO BARCELONA sends the Order Confirmation to the User. b) Value Added Tax (VAT) The VAT rate will be the legally applicable rate at each time depending on the particular product.
4. RETURN AND EXCHANGE POLICY
a) Right of withdrawal Under applicable regulations, in the event that the User is contracting as a consumer, s/he may cancel the contract (except for the cases established by law) and freely return or change the delivered Products at any time within fourteen (14) calendar days from the date of delivery (the “Withdrawal Period”). In case the User want to enforce such right, s/he shall contact ATUNROJO BARCELONA at the e-mail address info@popsicase.com to manage the return/exchange. For Users in Spain: The User will be able to return and be refunded with the total amount of the purchase (this amount does not include the shipping expenses) or exchange the Product for ohe of a different color or size. The User should ship the returned goods her/himself to the address provided by our Customer Care team including the “Returns and Exchanges Sheet” with all relevant blanks filled. Once the returned Product has been inspected to verify compliance with the requirements of section c) below, and in the case that the User decides not to exchange the Product, ATUNROJO BARCELONA shall refund the User the amount paid for Product (excluding shipping expenses) For Users outside Spain: The User will only be able to return the Product and be with the total amount of the purchase (this amount does not include the shipping expenses). The User should ship the returned goods her/himself to the address provided by our Customer Care team including “Returns Sheet” with all relevant blanks filled. Once the returned Product has been inspected to verify compliance with the requirements of section c) below, ATUNROJO BARCELONA shall refund the User the amount paid for Product (excluding shipping expenses) Upon expiry of the Withdrawal Period, no Product exchanges or returns will be accepted. Product exchanges will only be accepted for defective products in accordance with the provisions of section b) below. b) Return of defective Products In the event that the User considers that the Product does not conform to the Product’s specifications, the User shall immediately contact ATUNROJO BARCELONA at the e-mail address info@popsicase.com with details of the Product and the defect and specifying whether s/he chooses to return the Product or to exchange it for an identical Product. The User may return the Products at the place where they were delivered to a courier which will be sent by ATUNROJO BARCELONA or return the Product using his or her own means. Once the returned product has been inspected, ATUNROJO BARCELONA will send within a reasonable time, an email informing the User whether the Product will be refunded or replaced (the “Refund or Exchange Decision”). In that case, the Product will be refunded or exchanged as soon as possible and in any event within fourteen (14) days following the date on which the Refund or Exchange Decision was sent. In the event of a refund or exchange of a Product, ATUNROJO BARCELONA shall fully refund the price of the Product to the User, including shipping expenses. c) Common provisions for returns The User shall comply with the following requirements to exercise the right of withdrawal and to make returns and exchanges of Products: (i) To arrange collection of the Product, the User must first contact ATUNROJO BARCELONA by email at the following address: info@popsicase.com; (ii) The User may evidence his or her right of withdrawal in any manner permitted by law; such right shall in any case be deemed to have been validly exercised by returning the Product; (iii) The Product must be returned in the same condition in which it was received. ATUNROJO BARCELONA shall not refund any amount if the product has been damaged, so the User must be careful with the Product while in his or her possession; and (iv) The refund will be made by using the same form of payment as used to pay for the Product.
5. USE OF THE WEBSITE
The Users agree to use the Web Site in accordance with the law, morality, generally accepted good customs and public policy. The Users undertake to refrain from using the Web Site for illegal purposes inconsistent with the provisions of these Terms of Use, or in any other way that may be harmful to the rights and interests of ATUNROJO BARCELONA or of third parties, or damage or harm the image or reputation of ATUNROJO BARCELONA or prevent the normal use of the products and services offered by ATUNROJO BARCELONA on the Web Site.
6. INTELLECTUAL PROPERTY
All information contained on the Web Site, including its graphic design and source code, are protected by copyright and other rights contained in Legislative Royal Decree 1/1996, of 12 April, approving the Consolidated Intellectual Property Act and other rules governing intellectual property. These rights belong exclusively to ATUNROJO BARCELONA, and as such any reproduction, distribution, transformation or public communication is expressly prohibited, as well as any transfer of all or part of the contents of the Web Site, and in general any act of exploitation of all or part of the contents (images, text, design, indexes, forms, etc..), as well as the databases and software necessary for the visualization or the functioning thereof and any object that under current legislation is protectable by intellectual property regulations. The Users may not under any circumstances commercially exploit or use, directly or indirectly, in whole or in part, any content of the Web Site without the prior written consent of ATUNROJO BARCELONA. The authorization for the use of any content of the Web Site can be requested by writing to the e-mail address info@popsicase.com. The provisions of the preceding paragraphs will not under any circumstances mean that ATUNROJO BARCELONA assumes any liability for the content, and shall not entitle the Users or any third parties to any compensation.
7. INDUSTRIAL PROPERTY
ATUNROJO BARCELONA is the owner of the international patent of the utility model, with the publication number 2015/018960 A1, and updated in February 2016 in EU, USA, Mexico, Brazil, Peru, Chile, China, South Korea, Japan and Australia . Any copy of this model will be subjected to complaint. The trademarks, trade names, signs, names, logos, slogans or any kind of distinctive sign displayed on the Web Site belonging to ATUNROJO BARCELONA, and very specifically, the word “POPSICASE” may not be used without the prior written consent of ATUNROJO BARCELONA.
8. LINKS TO THIRD PARTY WEBSITES
The links contained in the Web Site, referring to publicity or other types of content, and whose ownership or responsibility corresponds to third parties other than ATUNROJO BARCELONA, are not the responsibility of ATUNROJO BARCELONA, which shall under no circumstances undertake to monitor or approve the services, content, data, files, products and other material on the third party webpage or webpages. Therefore, ATUNROJO BARCELONA shall not under any circumstances be liable for the lawfulness of the content of such webpage(s), and the third party is exclusively responsible for all matters concerning the content of that link, particularly for compliance with applicable law, morality, good customs and public policy. The existence of links does not imply any relationship between ATUNROJO BARCELONA and the owner of the website to which the link is directed.
9. DISCLAIMER
ATUNROJO BARCELONA disclaims all liability for: (i) The functioning of the Web Site, including cases of force majeure and any other cases beyond ATUNROJO BARCELONA‘s control, which is not fully operational, or possibly lacks the minimum functionality for managing the relevant service. (ii) Any errors or security deficiencies that may arise from the use, by the Users, of an outdated browser or insecure version, as well as the activation of password or identification code conservation devices of the User recorded in the browser or for the damage, errors or inaccuracies that may result from any malfunction. (iii) For any direct or indirect damages that may be caused by the information transmitted or communicated on the Web Site or in any electronic communications, including without limitation technical or human errors in the published data. (iv) Damage, including but not limited to damage, loss or direct, indirect, incidental or consequential expenses arising in connection with this Web Site or the use of this Web Site or inability to use the Web Site by any party, or in connection with any failure in performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. The User will be liable for all damage and loss caused by wrongful or fraudulent acts as well as for the damage caused to ATUNROJO BARCELONA or its Users as a direct or indirect consequence of a breach by the User of these Terms of Use. ATUNROJO BARCELONA reserves the right to take any actions to which it may be entitled before the relevant law enforcement agencies or courts. Although it uses its best efforts, ATUNROJO BARCELONA cannot guarantee the Users access and continuous and uninterrupted use of the Web Site.
10. AMENDMENTS
ATUNROJO BARCELONA has the right to review and amend these Terms of Use at any time. The User shall be subject to these Terms of Use from the time when accepted by him/her, unless any amendments are required with retroactive effects by operation of law or by decision of a governmental authority, in which case such amendments will apply to Orders already placed by User.
11. CONTACT AND WRITTEN COMMUNICATIONS
Applicable law requires that some of the information and communications to be sent by ATUNROJO BARCELONA to the User must be in writing. By accepting these Terms of Use, the User agrees that most communications with ATUNROJO BARCELONA will be electronic. ATUNROJO BARCELONA will contact the user by email or by notices published on the Web Site. The User agrees to this electronic means of communication and acknowledges that any notice, information and other communications sent by ATUNROJO BARCELONA by electronic means complies with the legal requirement of being in writing. For any query or issue in connection with the Orders, the User shall contact ATUNROJO BARCELONA by email at the following address: info@popsicase.com.
12. APPLICABLE LAW AND JURISDICTION
The operation and use of the Web Site and these Terms of Use are governed by Spanish law. Insofar as permitted by law, ATUNROJO BARCELONA and the User, expressly waiving any other jurisdiction to which they may be entitled, hereby agree to submit to the jurisdiction of the courts of Barcelona, Spain.