Terms and Conditions
PLAYTOMIC TERMS AND CONDITIONS
The ownership of this Website shop.playtomic.com/en/ ((hereinafter, the Website) is PLAYTOMIC, S.L. (hereinafter, PLAYTOMIC), with NIF [Spanish Tax ID No.]: B-84604792 and registered office at Paseo de la Castellana 93, 10 – Edificio Cadaguamadrid 28046 Madrid, and registered at: Madrid Business Register; and its registration details are: volume 35650, Book 0, Folio 84, Section 8, Page M-430240.
This document (as well as all the other documents mentioned here) governs the conditions that regulate the use of this Website and the purchase or acquisition of products on the same (hereinafter, Conditions).
For the purpose of these Conditions it is understand that the activity that Playtomic is undertaking via the Website includes: Marketing women's and men's sports clothing and accessories.
In addition to reading these conditions, before accessing, navigating and/or using this web page, the User must have read the Playtomic cookies policy and the privacy and data protection policies. When purchasing a product via the Website and ticking the relevant box in acceptance of these terms, the User agrees to be bound by these Conditions and for all the above and this remains no less valid than a handwritten signature.
Please be informed that these Conditions may be modified. The User is responsible for consulting them each time that they access, navigate and/or use the Website, since those in force at the time that the acquisition of products and/or services is made will apply.
For any questions that the User may have in relation to the Conditions, they may contact the owner by using the contact details provided above, or where appropriate, by using the contact form or via the email address apparel@playtomic.io
2.
The User
The access, navigation and use of the Website confers the condition of user (hereinafter referred indistinctly and individually as User or jointly as Users).
The User assumes their responsibility of the correct use of the Website. This responsibility will include:
- Hacer uso de este Sitio Web únicamente para realizar consultas y compras o adquisiciones legalmente válidas.
- Not making any false or fraudulent purchases. If it could be reasonably considered that a purchase of this nature has been made, it may be cancelled and reported to the relevant authorities.
- Providing true and lawful contact details such as an email address, postal address and/or other details.
The User states that they are above 18 years old and have the legal capacity to enter into agreements via this Website.
This Website is aimed primarily at Users residing in Europe. Playtomic does not guarantee that the Website complies with legislation in other countries, either fully or partially. Playtomic accepts no responsibility that may arise from the said access, nor does it guarantee the provision of goods or services outside of Europe.
The User may formalise the purchase agreement with Playtomic for the desired products in any of the languages that these conditions are available in on this Website, according to their choice.
Users are not required to register to access the Website, although a user's details will be requested when any purchase is made, with the option to register and create a user account.
3.
Purchasing process
The opportunity to purchase sports clothing and other accessories is offered to users via the PLAYTOMIC Website. To make the purchase, users must follow the purchasing procedure on the Website, during which several products can be selected and added to the cart or basket, so that payment can be subsequently made.
The user may create a user account or purchase as a guest. The User must complete and/or check the information that is requested at each step, during the purchasing process, before completing the payment.
The User will then receive an email confirming that Playtomic has received their purchase order, that is, the order confirmation. Where appropriate, this information may also be made available to the user via their user account.
In accordance with the provisions of the applicable legislation, agreements entered into electronically will have all the effects provided for in the legal system when consent and the other requirements necessary for its validity are agreed.
The data included in each product description and in photographs, graphical representations or videos, are for information purposes only. PLAYTOMIC therefore accepts no responsibility for the appearance of errors in such information, although it undertakes to take all measures available to correct the errors or omissions referred to as soon as possible after being informed of the same.
The user acknowledges that fulfilment of the purchase order or acquisition entails the full and complete acceptance of the specific sales conditions applicable in each case.
The communications, purchase orders and payments that are involved during the transactions made on the Website may be archived and stored in the computerised registers of Playtomic in order to constitute evidence of transactions; in all circumstances, they respect reasonable security conditions and the laws and regulations that are applied in this respect, particularly regarding data protection and the rights that Users are entitled to in accordance with the privacy policy of this Website.
4.
Availability
All purchase orders received by Playtomic via the Website are subject to the availability of the products and/or any circumstances or causes of force majeure (clause nine of these Conditions) that affect the supply of the same and/or the provision of the services. Should difficulties arise with regard to the provision of services or there are no products in stock, Playtomic undertakes to contact the User and reimburse any amount that may have been paid as a repayment of the amount or propose an alternative.
5.
Prices, payment methods and discount codes
The effective price of a product will be that indicated on the Website at the time, next to its description, which remains available to view by the public therein. Prices will be expressed in Euros, or, where relevant, in the currency of the country where the website is accessed. The prices shown are final since they include the required taxes, unless there is a legal requirement, particularly relating to VAT, which is indicated and a separate issue is applicable.
However, and unless otherwise specifically indicated, the prices of the items offered exclude delivery charges, and those which may be incurred will be added to the total amount due at the time of arranging the delivery procedure by the User and the latter will consult the delivery methods and costs available and freely choose the most suitable.
The payment methods accepted will be: Credit or debit card (VISA, Mastercard), Paypal, Apple Pay or Google Pay.
Playtomic uses all means to ensure the confidentiality and security of the payment details shared by the User during transactions via the Website. As such, the Website uses the secure SSL (Secure Socket Layer) payment system.
Credit cards will be subject to checks and authorisations by the banking institution issuing the same and if the said institution does not authorise payment, Playtomic will not be responsible for any delay or non-delivery and will not be able to formalise any contract with the User.
PLAYTOMIC will not have access to your banking details at any time; these are directly managed by the relevant banking institutions. The User is informed that payment via any of these means may be subject to the specific conditions of these providers. PLAYTOMIC recommends that the User reads, understands and accepts the specific conditions of the provider, which are separate from these Terms and Conditions.
Once Playtomic receives the purchase order from the the User via the Website, a pre-authorisation will be made on the corresponding card, to ensure that there are sufficient funds to complete the transaction. The card will be charged when the delivery confirmation provided is sent to the User.
In any event, by clicking "pay" or "buy" the User confirms that the payment method used is theirs or, as appropriate, they are the lawful owner of the gift card or the credit card.
PLAYTOMIC may periodically offer discount codes to its Users. Such discounts can only be applied in accordance with the instructions specified by PLAYTOMIC with respect to each code and, in any event, the users will only be allowed to use one unique code per order. The use of discount codes cannot be used in conjunction with certain promotional activities and collections.
6.
Delivery terms
By default, home delivery of products acquired will be completed at the physical address indicated by the User.
Home delivery may incur an additional cost in respect of delivery charges, which will be calculated according to the products acquired, and which, in any event, will be shown to the User during the contracting procedure. The products will be delivered to the address indicated by the User.
Shipping costs and delivery times in Spain:
*Customs expenses or other extraordinary fees are borne by the customer. Shipping costs include transportation and customs clearance at origin. Customs expenses at destination or other taxes or duties are not included; The recipient will be responsible for all import expenses and taxes that are generated at the customs office of destination, in order to receive the merchandise.
It is important that you bear in mind that the delivery time could be altered during sales periods and other indicated dates, such as Black Friday or Christmas, or due to procedures outside of Playtomic such as customs clearance, where appropriate.
International shipping costs and delivery times*:
Portugal:
- Express shipping:
- Free shipping on orders over €100. The delivery time is 24-48 working hours.
- In orders less than €100, the shipping cost is €4.90 and the delivery time is 24-48 working hours.
Europe I: Germany, Belgium, France, Italy and the Netherlands.
- Standard shipping:
- Free shipping on orders over €150. The delivery time is 4 to 5 working days.
- In purchases less than €150, the shipping cost is €9.90. The delivery time is 4 to 5 working days.
Europe II: Austria, Bulgaria, Cyprus, Denmark, Slovakia, Estonia, Finland, Greece, Hungary , Ireland, Latvia, Lithuania, Luxembourg, Malta, Poland, Czech Republic, Romania and Sweden.
- Standard shipping:
- Free shipping on orders over €150.
- For orders under €150, the shipping cost is €11.90 and the delivery time is 5 to 7 working days.
- Express shipping: the shipping cost is €18.50 and the delivery time is 24-48 working hours.
Europe III: Norway and Switzerland.
- Express shipping: the shipping cost is €17.90 and the delivery time is 4 to 5 working days.
Europe IV: Albania, Bosnia and Herzegovina, Croatia, Gibraltar, Vatican City, Liechtenstein, Moldova, Monaco, Montenegro, North Macedonia, Serbia, Slovenia, Turkey, Ukraine, Armenia, Andorra and the United Kingdom.
- Standard shipping: the shipping cost is €30.
Rest of the world: Argentina, Belarus, Bolivia, Brazil, Canada, Caribbean Netherlands, Chile, Colombia, Costa Rica, Curacao, Dominica, Dominican Republic, Ecuador, El Salvador, Falkland Islands, French Guiana, Grenada, Guatemala, Guyana, Haiti, Honduras, Iceland, Jamaica, Martinique, Mexico, Montserrat, Morocco, Nicaragua, Panama, Paraguay, Peru, San Marino, Suriname, United Arab Emirates, United States, Uruguay, Venezuela, Georgia, Greenland, Guadeloupe, Guernsey, Isle of Man, Åland Islands, Faroe Islands, Jersey, Kosovo, Mayotte, Réunion, Svalbard and Jan Mayen and Australia.
- Standard shipping: the shipping cost is €40.
*Customs charges eros or other extraordinary fees are borne by the client.
7. Return of defective goods and right of withdrawal
7.1. Right of withdrawal.
The consumer and user will have the right to withdraw or cancel all or part of the order made without penalty or the need to give a reason, for a period of thirty (30) calendar days from the safe receipt of the product.
To formalise the return, you must contact PLAYTOMIC by sending an email to apparel@playtomic.io, or a letter addressed to the PLAYTOMIC offices in Madrid indicating in the subject “Return + order number”. In this email you must tell us your name, the order number, the items you want to return and the address where you want the return to be collected. This service is free.
Once PLAYTOMIC receives this communication and your application has been accepted, you will have to follow the next steps:
- Carefully put the items you want to return in their original box or bag. If you don't have the original box or bag you can use a similar one. Make sure that the products are well packed and that you have included the invoice for your order.
- Within 24-48 hours a courier will go to the address you previously indicated to pick up your package. They will also be in charge of placing the label on the package.
- You will receive a confirmation email when we receive the return in our warehouses.
- After reviewing the status of the items, you will receive the refund within approximately 14 calendar days.
Home pick-ups are free for Spain (peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla). In Portugal, Germany, Belgium, France, Italy and the Netherlands they will have a cost of €5.90.
If you want to make a return and your country does not appear in the list above, please send us a email apparel@playtomic.io.
The product must be found in perfect condition and with all its labels and, as appropriate, documentation and original accessories. If the consumer and user fail to do so or if the product has suffered any damage, the consumer and user accept that the product may suffer a depreciation or that PLAYTOMIC may refuse the right of withdrawal of the consumer and user. Furthermore, returns of socks that have been unsealed or products that cannot be returned for reasons of hygiene under article 103 of Act 3/2014 of the 27th of March amending the revised text of the Consumer Protection Act, will not be accepted.
Once PLAYTOMIC has checked that the order is in optimal condition, PLAYTOMIC will proceed to refund the full amount paid by the consumer and user.
If the consumer decides to return the order, in full or in part, PLAYTOMIC will return the amounts that the consumer paid for the returned products (with the exception of delivery costs relating to the delivery of the products by PLAYTOMIC to the user, which will be deducted from the refund).
PLAYTOMIC will inform consumers and/or users that the refund payment time will depend on the payment method that the consumer and user used at the time of purchasing the product. In any event, it will be within fourteen (14) calendar days following the date that the consumer and user have made known their decision to withdraw from the agreement or to return products.
In the event of promotions applicable to the acquisition of separate items that include the addition of a free or reduced-price additional product, if the consumer and user decide to apply their right of withdrawal regarding their purchase, such a right will apply to the group of products provided as part of the promotion.
7.2. Returns due to manufacturing defects.
The User may return to PLAYTOMIC, without any cost, any product that is defective or that does not conform to the description provided within a time period of two (2) years from the date that the product is received. Given the nature of the products acquired, the consumer and user will have a timeframe of two (2) months from becoming aware of the non-compliance of the product to inform PLAYTOMIC by email, indicating the defective product or products, adding photographs and other evidence that demonstrate the defects or non-compliance of the products, the purchase order and any other additional information that makes it possible to identify the purchase made by the user. If the defect becomes apparent after six (6) months from the delivery of the product after the purchase, the User must demonstrate that the failure, defect or non-compliance already existed when the product was delivered.
Once PLAYTOMIC has received communication from the user and has analysed the incidence through its Quality Department, it will inform the user whether their request is appropriate as soon as possible. If the return is undertaken, PLAYTOMIC will inform the user of how to send the defective product to its warehouse and the address of the same.
Each product to be returned must have been subject to correct use and in accordance with the usage instructions provided by PLAYTOMIC on its web page or in any other piece of information provided to the User. Incorrect handling or handling that is contrary to the said instructions may result in the cancellation of the return.
PLAYTOMIC will not be responsible in any way for returned products if the user does not proceed in accordance with the process detailed above.
PLAYTOMIC hereby informs the consumer and user that, generally, based on the characteristics of the products, their repair may not be carried out on the grounds that it would be disproportionate. If it is possible to repair the product owing to the characteristics of the product and the defect, the consumer and the user will be expressly informed of this circumstance, and they will be given the opportunity to choose between replacement or repair.
In line with the above, the consumer and user may replace the defective product for another with identical characteristics and will not assume any cost for replacing the product. If other products with identical characteristics cannot be sent for supply reasons, the User may choose another product with similar characteristics.
7.3. Product exchange policy
PLAYTOMIC does not permit an exchange of a product purchased by the consumer and user for another product that is offered on the Website.
If the consumer and user wish to exchange a product, they must exercise their right of withdrawal regarding the same in accordance with these conditions and subsequently purchase the new product that they desire.
8.
Use of the Website
Users undertake to make lawful, diligent, honest and proper use of whatever information or content they have access to via the Website, all under the principles of good faith, always respecting current legislation and these Terms and Conditions.
The User also agrees not to cause either malicious or intentional damage or loss that may impair or alter the Website as well as not introduce or disseminate computer viruses that may cause unauthorised changes to the contents or component systems of the Website.
The use of the Website for fraudulent purposes or those related to criminal acts or illicit activities of any type, communicating false, incomplete or outdated data, or using the name or other personal data of another person and impersonating their identity is not permitted.
Users may contribute to the Website with comments, if the content of the same does not prove to be illicit, obscene, abusive, threatening or defamatory and does not invade the privacy of third parties, infringe intellectual property rights or prove to be otherwise insulting or objectionable for third parties and whose content does not contain computer viruses, political propaganda, publicity content, chain mails, mass emails or any other type of "spam".
PLAYTOMIC reserves the right to refuse access to the Website or even cancel orders by Users who make improper use of the contents and/or do not comply with any of the conditions that appear in this document.
9.
Waiver of liability
You use the Website on your own account and at your own risk. Under no circumstances does PLAYTOMIC provide a warranty and nor is it responsible for damages of any nature that may arise from accessing or using the Website, nor lack of the User's diligence at the time of purchasing the products offered.
Inter alia, and including and without limitation, PLAYTOMIC takes no responsibility for:
- Delays in the delivery of orders for reasons unrelated to PLAYTOMIC (force majeure, strikes or complications in modes of transport and/or communications, floods or fires, amongst others).
- The lack of availability, maintenance and effective functioning of the Website and/or its services or contents, such as errors or delays in accessing the Website by the User at the time of entering their data into the order form, slowness or impossibility of recipients to receive purchase orders or any anomaly that may arise and that may be unrelated to the good faith of PLAYTOMIC.
- Use of the Website or its contents in an illegal, negligent, fraudulent way, contrary to these Terms and Conditions or to good faith, by the Users, including any violation of third-party rights.
- The existence of viruses, malicious or harmful programmes on the Website.
- The access of minors to the contents or services offered via the Website, which is the responsibilty of their parents or guardians.
In any event, PLAYTOMIC undertakes to solve the problems that may arise and offer all the support necessary to the User in order to reach a prompt and satisfactory solution to the matter.
10. Intellectual and Industrial Property
The intellectual property rights of this Website, its source code, design, navigation structures and different elements contained therein are owned by PLAYTOMIC, which exclusively exercises the exploitation of the same in any way and particularly the rights of reproduction, distribution, public communication and transformation, in accordance with the applicable Spanish and European legislation.
PLAYTOMIC hereby declares that it does not grant any express or implicit licence or authorisation regarding the intellectual and/or industrial property or regarding any related right or property, directly or indirectly, with the contents included on the Website. The complete or partial reproduction of the Website contents is strictly prohibited, even via a hyperlink, without the express written consent of PLAYTOMIC. The unauthorised use of this content will result in legally established liabilities.
11. Hyperlinks
The hyperlinks contained on the Website may re-direct you to third Party Web pages. PLAYTOMIC assumes no responsibility for the content, information or services that may appear on the said sites, which will be deemed to be offered for informational purposes only by PLAYTOMIC and that does not in any way imply any relationship, acceptance or support between PLAYTOMIC and the individuals or entities that own such content on the sites where it is found.
12.
Partial nullity and amendments
If any Clause in these Terms and Conditions is declared null, the other Clauses will remain in force and will be interpreted, considering the spirit of these Terms and conditions.
The information that appears on this Website is that in force on the date of its last update. PLAYTOMIC reserves the right to unilaterally amend these Terms and Conditions as well as its privacy policy and any other information. The entry into force of the amendments to the Terms and Conditions will take place from the time of their publication on this Website.
13.
Language
PLAYTOMIC may translate these Terms and Conditions, its Privacy Policy, or any other legal text, policy or procedure that can be published on its website. The Spanish version will prevail in the event of conflict.
14.
Applicable legislation and jurisdiction
These Terms and Conditions are subject to Spanish legislation. In accordance with the Royal Legislative Decree 1/2007 of 16 November, approving the revised text of the Consumer Protection Act and other additional acts, the parties are subject to the Courts and Tribunals of the domicile of the user.
Furthermore, by virtue of the provisions of Regulation (EU) no. 524/2013 of the European Parliament and Council of 21st May 2013, regarding online consumer dispute resolution, PLAYTOMIC hereby informs you that in the event of a dispute, Users who are European Union residents may access the "Online Platform for Conflict Resolution" that the European Commission has developed, in order to attempt to settle out of court any disputes that arise from the provision of services by PLAYTOMIC.
The "Online Platform for Conflict Resolution" can be accessed via the following link: http://ec.europa.eu/consumers/odr/
In any event, PLAYTOMIC states to the User that it has made a Complaint Form available through which you can make any complaints or claims relating to the services provided by PLAYTOMIC.