1) Purpose and scope
These General Terms and Conditions are designed to regulate the relationship between PLANETA JUNIOR, S.L. (hereinafter THE COMPANY) and you (hereinafter the Customer), regarding all transactions carried out via the www.puccastore.com website (hereinafter the Website), a domain that is owned by THE COMPANY, which is legally established and has its head office in Barcelona, Avda. Diagonal 662-662, 08034, Barcelona and Spanish Tax Identification Number (CIF) B 62395918 and is registered in the Barcelona Companies Register, Volume 33,280, Folio 216, Page B-22,169, Entry 1.
Please contact us with your inquiries by emailing: firstname.lastname@example.org or calling +34 934 928 299.
Online purchase of the products and/or services provided by THE COMPANY through this Website is subject to these General Terms and Conditions.
2) Consent and Proof of Consent
Products and/or services must be purchased by activating the PAY button at the foot of the purchase order page. Doing so expresses the Customer’s complete consent to each and every one of the General Terms and Conditions displayed on the Website belonging to THE COMPANY, prior to purchase of the products, excluding any new terms included in the General Terms and Conditions of Sale at a later date.
On giving their consent, the user acquires the status of Customer of THE COMPANY as described in these General Terms and Conditions. Any product or service subsequently provided by THE COMPANY must be subject to a new agreement.
I If the Customer wishes to read the General Terms and Conditions in more detail, they can print them out on paper or save the document on their digital devices.
THE COMPANY will email The Customer a copy of these General Terms and Conditions: proof of their purchase showing all the clauses of the purchase agreement, following their consent and within 24 hours of the purchase.
THE COMPANY informs you that it saves the electronic documents through which purchases are formalised. You can access these documents at any time by contacting our Customer Service Department with your request.
3) Consent and proof of consent
The prices for all products and/or services are those indicated on the Website on the order date, including any VAT (Value Added Tax), where relevant.
Offers will be duly marked and identified by convenient indication of the previous price and the offer price.
THE COMPANY reserves the right to implement any changes to the Website it deems appropriate at any time and without prior notice. It may update products and services on a daily basis, in line with the market.
The product price does not include the shipping costs. The shipping costs will be paid by the Customer and will be added to the total cost of the order of the selected products. The shipping cost is determined by the shipping terms, conditions and method selected. The Customer will be duly informed of these costs in advance, and these costs will also be detailed prior to completion of the purchase process.
THE COMPANY will not cover any applicable customs duties for delivery to countries outside the European Union.
3.2 Payment methods
Purchases can be paid for using any of the following methods:
Card (Visa, Mastercard or American Express): Available for Spain, France, Poland, Italy and Portugal.
Deliveries are sent to the delivery address provided by the Customer no later than 6 to 8 days (for deliveries to Andorra, Gibraltar, Spain and Portugal); within 3 to 5 days (for deliveries to France); and 4 to 7 days (for deliveries to Poland) when the items ordered are in stock. 1 THE COMPANY will notify the Customer as soon as possible if any of the items are not in stock.
If the Customer does not receive their order within the maximum regulatory period (30 days from order confirmation), they can contact THE COMPANY by emailing: email@example.com or phoning +34 934 928 299.
The Customer can terminate the contract within 14 calendar days of receiving their order, or within 14 days after formalizing the contract for services or digital content not provided in a hard copy.
THE COMPANY guarantees that the Customer can cancel their order at any time and at no cost so long as they are informed of this cancellation before the order has been made available to the courier for delivery.
If the courier has already received the order, the customer must wait to receive their purchase so that they can exercise their right to terminate the contract.
The Customer must wait to receive their order to be able to exercise their right to withdrawal. The Customer cannot exercise their right to withdrawal in the following cases, in addition to the other exceptions foreseen in article 103 of Law 3/2014:
For service provision, the Customer will lose their right to withdrawal once the service has been fully provided by THE COMPANY, when the service began with the Customer’s express prior consent and with their recognition that once the contract has been fully carried out by THE COMPANY they will lose their right to withdrawal.
- Goods manufactured in compliance with the Customer’s specifications or that have clearly been personalised.
- Sealed sound or video recordings or software, where the Customer has broken the seal after delivery.
- Daily newspapers, periodicals or magazines, except for subscriptions to supply said publications.
- Digital content (eBooks, films, etc.) that are not provided in hard copy format once the Customer has started to download them. In this case, the Customer loses their right to withdrawal when they start to download the product.
To exercise your right to withdraw from the agreement, you must notify us at the following address THE COMPANY, Avda. Diagonal, 662-664, 3C, 08034, Barcelona, Spain, by phoning us at +34 934 928 299 or by emailing your decision to withdraw from the agreement by making an unequivocal statement (for example by letter sent by standard post or by email) to: firstname.lastname@example.org.
The Customer may use the model withdrawal form that can be downloaded here. This is not compulsory.
In both cases, THE COMPANY will promptly confirm receipt of the withdrawal request using a durable format.
If the Customer withdraws from the agreement, we will return all payments received from them, including delivery costs, without any undue delay, and no later than within 14 calendar days from the date on which we received notification of the decision to withdraw from this agreement. We will refund said payments using the same payment method used for the initial transaction, unless the Customer has expressly asked us not to do so. No costs will be borne as the result of the refund in any circumstances.
If the Customer expressly selected a different delivery method to the cheaper standard method, THE COMPANY will not reimburse the related additional costs.
Returns must be sent with the delivery AWB and the invoice issued by THE COMPANY (where relevant), THE COMPANY will cover the return costs. The Customer can return any item purchased from THE COMPANY so long as the products are in their original packaging and include any user guides, accessories or promotional gifts included in the original shipment. The Customer is only responsible for depreciations in value resulting from handling the purchased items in any way other than to establish their nature, characteristics or performance.
If THE COMPANY erroneously delivered a product other than the one ordered by the Customer, the Customer will be sent the correct product. The erroneous product will be collected on delivery of the correct item at no additional cost to the Customer.
If the Customer receives a product that is broken, damaged or in poor condition, THE COMPANY will collect it from their home address and replace it with an item in good condition, at no extra charge.
The contract between THE COMPANY and the Customer is concluded in the official language in the Autonomous Community where THE COMPANY has its registered office.
5) Legal Guarantee and THE COMPANY’S RESPONSIBILITIES
The products are covered by a two-year legal guarantee against faults, in compliance with the terms of the General Law on Consumer and User Protection (Law 3/2014 of 27 March modifying the consolidated text of the General Law on Consumer and User Protection and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November). Under said Law, the Customer is entitled to submit a claim to the seller (and in some cases, to the manufacturer), in the item has a compliance failure when it is delivered, according to the deadlines and conditions established therein.
If the product compliance failure arises within the first six months, it is deemed to have been faulty upon delivery, unless the opposite can be proved or where this presumption is incompatible with the nature of the product or the type of compliance failure.
If the compliance failure occurs after the first six months, the Customer must demonstrate that the fault was originally present in order for it to be covered by the legal guarantee.
The Customer must report any defects and compliance failures within 2 (two) months of their detection.
If there is a compliance failure, THE COMPANY will remedy this situation by either repairing or replacing it, or by reducing the price, in accordance with the terms of the current applicable legislation.
The original purchase receipt / invoice must be presented to receive support under the guarantee.
Customer service and after-sales service are available. All questions, incidents and claims or any necessary communications must be addressed to THE COMPANY’s Customer Services Department in writing to the following address: Avda. Diagonal, 662-664, 3C, 08034, Barcelona, Spain or by calling: +34 934 928 299 or emailing: email@example.com.
THE COMPANY guarantees the quality of the service purchased via the www.puccastore.com. Website. All consumer and user rights granted by the current applicable legislation are guaranteed.
Failure to comply with any of these General Terms and Conditions may result in the return of the products or the cancellation of the services purchased by the Customer.
6) Customer Responsibilities
The Customer will make lawful use of the services, without infringing any of the current legislation, or damaging third party rights and interests.
The Customer guarantees the truth and accuracy of the information provided using the purchase forms, and will avoid causing any damage to THE COMPANY due to the provision of incorrect data.
Failure to comply with any of these Terms and Conditions may give rise to THE COMPANY’s withdrawal from or termination of the services, without warning, and without this giving rise to any form of compensation.
7) Aftersales Services
THE COMPANY has provided the Customer with the following email address: firstname.lastname@example.org and phone number: +34 934 928 299, for them to submit any query, incident, complaint or claim following their purchase of the products or services.
The Customer will be able to follow-up on their complaints, which will be seen to in the shortest possible time and in all cases no later than in one month, following THE COMPANY’s issuance of a report number and proof of receipt in writing on paper or any other durable medium.
8) Industrial and Intellectual Property
The industrial and intellectual property rights to the works, brands, logos and any other element in THE COMPANY’s Website belong exclusively to THE COMPANY (or third parties who have authorized their use). THE COMPANY holds the exclusive right to use said elements in any form, particularly but not exclusively, to reproduce, copy, distribute, transform, market and promote them. Unauthorised reproduction, distribution, marketing or transformation of such works, brands, logos, etc. is an infringement of THE COMPANY’s or the rights holder’s industrial and intellectual property, and may give rise to as many legal or out-of-court actions to which they are entitled to protect their rights.
By accepting these General Terms and Conditions of Purchase, the Customer undertakes to respect THE COMPANY’s and third parties’ industrial and intellectual property rights.
9) Applicable Law and Jurisdiction
If any conflict or discrepancy concerning the interpretation or application of these contractual terms were to arise, where relevant, the Courts and Tribunals that will hear the case are those covering the rights of end consumers in the applicable legal regulations concerning competent jurisdiction in the place in which the obligation is carried out or at the buyer’s home address.
All of this is without prejudice to the Customer’s right to petition their local Consumer Arbitration service.
If the purchase was made by a company, both expressly submit to the Courts and Tribunals of Barcelona 8, (Spain), renouncing any other jurisdiction.