GENERAL CONTRACT CONDITIONS

 

AREA OF APPLICATION

The sales contracts concluded through electronic commerce between the WWW.PROMODELDECK.COM store and the consumer will be governed by the following General Contract Conditions. 

Please read these Conditions, our Cookies Policy and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you consent to be bound by these General Conditions of Contract and by our Privacy Policies, so that, if you do not agree with all the provisions of the General Conditions of Contracting and with the Privacy Policies, you should not use this website.

If you have any questions related to the General Conditions of Contract or the Privacy Policies, you can contact us through the contact channels indicated in the following point.

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OUR DATA

The purchase contract is concluded with ANA MARÍA GARRE MEDINA with address at Calle Balsas, 27, 3ºC, 30570, Murcia, MURCIA, and with DNI 48397776A

You can contact us by phone +34 600341879 or by email at [email protected]

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LANGUAGE

The contract is formalized in Spanish and will be translated into all relevant languages.

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FILE OF THE CONTRACT

Contracts concluded in the online shop are archived. You can access the orders placed in your customer account or by sending an email to [email protected]

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HOW TO PLACE AN ORDER

The user of the web page will be able to browse the web store and fill the shopping cart without having to be registered. Only to finalize the purchase will it be essential that you provide certain mandatory data to access the shipping data of the order.. 

To find the item you want, you can browse all the sections of our website. By clicking on any of the sections you will find a wide variety of articles, the description, available sizes and their corresponding price. If you are looking for a specific item, you can find it using the built-in search engine on the web by entering any text that refers to the product you are looking for. If you do not find what you are looking for, please contact us so that we can help you find the product.

Once you have selected the item you want, you only need to press the "ADD TO BASKET" button. When a product is added to the shopping cart, you will automatically be able to view the status of your entire bag. At that time, you will be able to choose between continuing to shop or processing your order. If you continue shopping, the shopping basket will be visible at the top right of the screen at all times. By clicking there, you can view the entire content of the shopping bag and even modify it.

Once you have selected the items you wish to purchase, and provided the necessary data for their shipment, you will access a form with all the information on the shipping and payment options. Once a Purchase Order is received, ANA MARÍA GARRE MEDINA will immediately send a confirmation of the sale made to the indicated email address.

Please review the order confirmation email and check that all details are correct. If you notice that there is any wrong information, you can contact customer service by calling +34 600341879, or by email at [email protected]

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CONCLUSION OF THE CONTRACT

By clicking on the "proceed to checkout" button, you issue a binding declaration of will by which you accept the conclusion of the order, forcing yourself to pay for it. You will then receive an acknowledgment of receipt of your order, confirming the conclusion of the contract.

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PRICE

The prices shown include the legally applicable Value Added Tax (VAT) and are indicated in euros. Unless expressly stated otherwise, the prices indicated do not include shipping costs.. 

The applicable VAT rate will be that legally in force at all times depending on the specific item in question. In orders destined for the Canary Islands, Ceuta, Melilla and all those countries that are considered as exports by article 21 of Law 37/1992, deliveries will be exempt from VAT by application of the provisions of the aforementioned law, without prejudice of the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories.

The client may request the invoice of the purchases made through the email [email protected]. However, the customer can request at any time that a copy of the corresponding invoice be sent to him by electronic means or on paper, at his choice.

Deliveries made to destinations outside the European Union may incur additional costs and be subject to fees and taxes, especially those of a customs nature and on the value added to imports. The totality of the expenses originated by the non-community destination will be assumed by the buyer.

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PAYMENT METHODS

The method of payment for purchases will be selected during the purchase process and payment, depending on the method chosen, will be made at the end of the purchase process and will be an essential condition for its formalization. 

The forms of payment accepted are the following:

Payment will be made through any of the following means:

Transfer; If you choose payment by bank transfer at the end of the purchase process, the account number to which the transfer must be made will be specified via email, as well as a reference number that will have to be specified at the time of making the payment. the same. Once your payment is confirmed, we will proceed to send your order. 

Purchases with a credit or debit card; the user must provide the name of the card holder, the number, the expiration date and the CVV. All information will be processed through the Paycomet payment gateway www.api.paycomet.com

Payment with paypal; PayPal enables consumers with email to send payments online safely, conveniently and cost-effectively. PayPal's network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution.

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SHIPPING AND DELIVERY TIMES

All non-personalized products offered on the website are available (except for stock breakages or exceptional cases), which allows us to process orders so that they are delivered within a delivery time::

  • Spain (Peninsula): Delivery in 1 or 3 business days from receipt of payment. The shipment will be by transport agency with home delivery.
  • Balearic and Canary Islands: Delivery between 3 and 5 business days from receipt of payment. Shipping is by transport agency with home delivery. The shipment to the Canary Islands is considered an export, it may have customs costs and tariffs..
  • European Union: Delivery between 2 and 7 business days from receipt of payment. Shipping is by transport agency with home delivery.
  • Outside the European Union: Delivery between 3 and 5 business days from receipt of payment. Shipping is by transport agency with home delivery.

Sales prices outside the European Union are exempt from VAT (taxes), it is possible that upon receiving the package in your country extra expenses will occur in customs (tariffs). These types of expenses will be paid by the client in all cases.

Customs costs may vary depending on the country of reception, these prices vary depending on the type of product, economic value and particular conditions of each country.

If customs payment is not made, the package will automatically return to Pro Model Deck, in this case the customer will not be able to claim the amount of the purchase due to the expenses generated by the transport back to Pro Model Deck Spain..

For custom products, production is 2-5 business days. These deadlines may vary depending on the volume of work or holiday seasons. In case of doubt or need the product for a specific date, please contact us by Email. 

  • Spain (Peninsula): Delivery between 1 and 3 business days from the production of the product. Shipping is by transport agency with home delivery.
  • Balearic and Canary Islands: Delivery between 4 and 7 business days from the production of the product. Shipping is by transport agency with home delivery.
  • European Union: Delivery between 2 and 7 business days from the production of the product. Shipping is by transport agency with home delivery.
  • Outside the European Union: Delivery between 3 and 7 business days from the production of the product. Shipping is by transport agency with home delivery.

Sales prices outside the European Union are exempt from VAT (taxes), it is possible that upon receiving the package in your country extra expenses will occur in customs (tariffs). These types of expenses will be paid by the client in all cases.

Customs costs may vary depending on the country of reception, these prices vary depending on the type of product, economic value and particular conditions of each country.

If customs payment is not made, the package will automatically return to Pro Model Deck, in this case the customer will not be able to claim the amount of the purchase due to the expenses generated by the transport back to Pro Model Deck Spain.

Products whose deliveries require different terms will reflect this particularity in their description. The product will only be sent once the payment has been received, unless the payment method has been chosen by cash on delivery.

Orders received on Friday or holidays will be shipped the first following business day. If for any reason there is a delay in shipping, we will notify you of the estimated delivery time.

If the order was finally returned by the courier agency due to the impossibility of contacting the client, the client would be responsible for paying for the new shipment.

Shipping costs will be specified at the time of purchase.

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SHIPPING COSTS

Shipping costs will vary depending on the country to which the shipment is made. In any case, it will always be known by the interested party before making the payment.

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PASSING OF RISK

The risk of loss or deterioration of the merchandise will be transferred to the consumer when he or a third party indicated by him, other than the carrier, has acquired his material possession. However, in the event that you are the one who orders the transport of the goods or the chosen carrier is not among those proposed by the entrepreneur, the risk will be transferred to the consumer and user with the delivery of the goods to the carrier, without prejudice to their rights against it.

It is important that you inspect the package at the time of delivery. If you detect that the package is in poor condition, claim the problem with the transport agency and contact us by email.

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RIGHT OF WITHDRAWAL
Description of the right of withdrawal

You have the right to withdraw from this contract within a period of 14 calendar days without the need for justification. The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired physical possession of the goods. In the event that you have purchased several products and the shipment has been divided, the right of withdrawal will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired material possession of the last of those products. 

To exercise the right of withdrawal, you must notify us through an unequivocal statement of your decision to withdraw from the contract to Calle Balsas, 27, 3ºC, 30570, Murcia, MURCIA (for example, by sending a letter by post). , by phone 687420787 or by email [email protected] with the subject <<Exercise right of withdrawal>>. To do this, you can use the following withdrawal form model, although its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of this right is sent before the corresponding period expires. 

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Consequences of withdrawal

In the event of withdrawal by you, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive delivery method). that we offer) without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. We will proceed to make said reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the reimbursement. We may withhold reimbursement until we have received the goods, or until you have provided proof of return of the goods, depending on which condition is met first..

You must return or deliver the goods directly to us at any of our establishments open to the public or at Calle Balsas, 27, 3ºC, 30570, Murcia, MURCIA, without undue delay and, in any case, no later than within 14 calendar days. from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered met if you return the goods before the deadline has expired. You must bear the direct cost of returning the goods. It is estimated that this cost is approximately _____ euros at most. Although, the calculation is merely indicative since it will depend on the type of product, its volume and weight, as well as the chosen company.

It will be essential that the products to be returned are in perfect condition, with all their accessories and original packaging. If there is any Gift for purchase in the order, it must be returned in order to accept the withdrawal.

You will only be responsible for the decrease in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and functioning of the products.

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Customized products:

The return of a personalized product will be applied only with the following conditions:

  • Shipping error: the product you received is not the one requested.
  • Error or defect in printing: In the event that the printing on the skateboard, longboard or cruiser contains a clear and noticeable printing defect.
  • Clear manufacturing defect in the material (board, sandpaper, …)

Any claim of printing or SlipLayer after the use of the skateboard, longboard or cruiser is excluded.

In any of these cases, the client must send the material to PRO MODEL DECK at calle Balsas, 27, 3ºC - 30570 Murcia (Spain), tel. +34600341879. Once the defect has been reviewed and confirmed by us, we will proceed to change or rectify the defect and subsequently send it as quickly as possible. PRO MODEL DECK is only responsible for shipping to the customer and not for receiving.

As it is a personalized product and its subsequent sale is impossible, in no case will the purchase amount be refunded.

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Non-customized products:

You can return any non-personalized product up to 15 calendar days after receiving it, provided that it meets the following conditions:

  • The product has not been used and retains the original packaging.
  • The product has not been manipulated or transformed.

The client must make the shipment to PRO MODEL DECK at calle Balsas, 27, 3ºC - 30570 Murcia (Spain), tel. +34600341879. Once the perfect condition of the product has been reviewed and confirmed, we will proceed to change or refund the amount without including the cost of the first shipment (refund of the single amount of the product, shipping excluded). All returns will be made by bank transfer to the account number provided by the customer.

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Sales returns outside the European Union:

  • Outside the European Union, the prices are exempt from VAT (taxes), it is possible that upon receiving the package in your country extra expenses will occur in customs (tariffs). These types of expenses will be paid by the client in all cases.
  • Customs costs may vary depending on the country of reception, these prices vary depending on the type of product, economic value and particular conditions of each country.
  • If customs payment is not made, the package will automatically return to Pro Model Deck, in this case the customer will not be able to claim the amount of the purchase due to the expenses generated by the transport back to Pro Model Deck Spain.

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Exceptions to the right of withdrawal

The right of withdrawal will not be applicable to contracts that refer to:

  • The supply of goods made according to the specifications of the consumer and user or clearly personalized.

Nor will the right of withdrawal be admitted when the item to be returned is not exactly the one purchased, unless a product other than the one purchased has been sent by mistake, has been unsealed after delivery, is not in perfect condition or has been opened. or used, except when the purchased product has some type of tare or defect. 

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BROKEN, DEFECTIVE OR WRONG PRODUCTS

If during the delivery of an order you detect that the packaging has been tampered with or damaged, you must write down the reason and the customer's signature on the carrier's delivery note.

If you receive a product with a factory defect, tare or incorrect, you have 7 days from receipt of the order to return it, as long as you notify us within 48 hours of receipt of the order through our email [email protected].

It is essential that you send us a high-resolution photo of the broken, defective or erroneous item and keep said item in order to manage said return, as well as a photo of the original packaging, which you must also keep. We will indicate the procedure to follow, to proceed with your return. Likewise, and as in the preceding section regarding withdrawal, the merchandise received must be in its original packaging, in perfect condition, and with a copy of the purchase.

If there is a gift for purchase in the order, it must be returned in order to accept the return.

Once the merchandise has been received and after checking its status, the corresponding amount will be paid through the means of payment used in the order.

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GUARANTEE

All the products offered on the website have the legal guarantee of conformity for 2 years in accordance with the conditions established in Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws.

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AFTER-SALES SERVICE

Our customer service is at your disposal to deal with any possible claim. You can contact us by phone +34 687420787, at the email address Calle Balsas, 27, 3ºC, 30570, Murcia, MURCIA. You can also contact us by email at the address.

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DOMAIN RESERVATION

Ownership of the product will be transferred by full payment of the price.

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EVENTS BEYOND OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events caused by force majeure.

The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

  • Strikes, lockouts or other industrial action 
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private. 
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the cause of force majeure.

We will use all reasonable means to end the force majeure event or to find a solution that allows us to perform our obligations despite the force majeure event.

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INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, registered trademark and other industrial and intellectual property rights over the materials or content provided as part of the website correspond at all times to us or to those who granted us a license for its use. You may use such material only as expressly authorized by us or those who granted us a license for its use. This will not prevent you from using this website to the extent necessary to copy your order information or Contact details.

The designs used to personalize the products belong to the clients who provide them, authorizing us to print them. In case they do not have permission to use them, the company is not responsible for possible damages.

At the time the design is sent to us, you are making an implied declaration that you have the rights to use it.

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VIRUSES, PIRACY AND OTHER COMPUTER ATTACKSS

You must not misuse this website by intentionally introducing viruses, Trojans, worms, logic bombs or any other technologically harmful or harmful program or material.

You will not attempt to gain unauthorized access to this website, the server on which the website is hosted, or any server, computer, or database associated with our website.

You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the appropriate authorities and we will cooperate with them to discover the identity of the attacker. 

Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial-of-service attack, virus or any other technologically harmful or harmful program or material that may affect your computer, computer equipment, data or material as a result of the use of this website or of downloading content from it or to which it redirects.

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LINKS FROM OUR WEB PAGE

In the event that our website contains links to other web pages and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. Therefore, we do not accept any responsibility for any damage or loss arising from its use.

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WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you be in writing, however, by using this website you accept that most of said communications with us are electronic.

We will contact you by email or provide you with information by posting notices on this website.

For contractual purposes, you consent to use this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

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NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the previous clause and unless otherwise stipulated, we may send you communications either to the e-mail or to the postal address provided by you when placing an order.

It will be understood that the notifications have been received and have been correctly made at the moment they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.

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RESIGNATION

The lack of requirement on our part of strict compliance on your part of any of the obligations assumed by you under a contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exempt you from complying with said obligations.

No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver on our part of any of these Conditions or of the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to you through the different means of contact you provided us. 

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PARTIAL NULLITY

If any of these Conditions or any provision of a contract were declared null and void by a firm resolution issued by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

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OUR RIGHT TO MODIFY THESE TERMS

We reserve the right to modify these Terms and Conditions. We will keep you informed of any substantial changes made to them. These will not be retroactive and, with possible exceptions depending on the specific case, will apply after 10 days from the date of their publication in the corresponding notice. If you do not agree with the changes made, we recommend that you do not use our website.

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APPLICABLE LAW AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation.

These General Conditions are subject to and will be governed in accordance with the provisions of the laws of Spain, in particular in:

  • Law 7/1998, of April 13, on General Conditions of Contract, 
  • Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws,
  • Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which repeals directive 95/46 /EC, 
  • Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.

The parties submit, for the resolution of conflicts and waiving any other jurisdiction, to the Courts and Tribunals of the consumer's domicile.

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COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. We ask you to send us such comments and suggestions, as well as any query, complaint or claim through our contact form, telephone or postal or email address indicated in Clause 2 of these General Conditions of Contract.

In addition, we have official claim forms available to consumers and users. You can request them by calling +34 600341879 or through our contact form.

Your complaints and claims to our customer service will be dealt with as soon as possible and, in any case, within a maximum period of one month. Likewise, they will be registered with an identification key that we will inform you of and will allow you to monitor them. If you as a consumer consider that your rights have been violated, you can send us your complaints through the email address [email protected] in order to request an out-of-court dispute resolution.

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