GENERAL TERMS AND CONDITIONS
1. GENERAL TERMS AND CONDITIONS OF SALE
1.1. Contract Background
I, PLAYMYGROUP INTERNATIONAL S.L., pursuant of the stipulations of Act 34/2002 of 11 July on Information Society Services and E-Commerce, hereby INFORM the target audience or users of this service, prior to the signing of the contract, regarding the following clauses:
a) Before entering into the contract, you should:
• Carefully read the contents.
• Enter your personal details and any additional information required for the services.
• Expressly agree to the user contract, the data protection policy and the general terms and conditions of the sale.
b) PLAYMYGROUP INTERNATIONAL S.L., in its capacity as a service provider, offers the target audience or users, the general terms and conditions that the contract shall be regulated under, so that they are kept informed and consulted by the user at any time.
c) It is hereby stated that the system used to provide the service does not employ any device which collects the users’ personal navigation information.
II. Furthermore, PLAYMYGROUP INTERNATIONAL S.L., pursuant of the stipulations of Spanish Organic Law 15/1999, dated 13 December on personal data protection, hereby expressly, accurately and explicitly INFORMS the target audience or users of this service, prior to signing the contract, about:
a) The existence of a database to process all personal details, all personal details provided via the different questionnaires within the website will be saved.
b) The aim of the aforementioned data collected is:
• Providing the sale of services with respect to Playmobil or any other products related to the elements being offered to the users or target audience.
• Providing a membership service for registered users.
• Providing information by means of a Newsletter sent to the registered users or to those who, even though they did not register, have placed an order or requested information.
• The delivery of information which may be of interest to registered users, or for those users who, even though they did not register, have placed an order or requested certain information from either PLAYMYGROUP INTERNATIONAL S.L. or other associated or third party company with whom it has entered into an agreement.
• Technical, commercial or any other type of assistance which may be required for the correct operation of the service.
c) The identity of the information recipients, being the management and administration team for the website.
d) The optional nature of the answers the user may give to any questions made.
e) The consequences of the data collection, i.e.:
• The correct provision of the services.
• The implementation of the membership service.
• The delivery of news about products and/or offers made by PLAYMYPLANET. Furthermore, users are hereby informed that the consequences of their refusal to provide the aforementioned will be:
• They will not be provided with the service.
• They will be excluded from the membership service.
• They will not receive news about products and/or offers made by PLAYMYGROUP INTERNATIONAL S.L..
f) The fact that the users or recipients of the services provided within this website may exercise their access, rectification, cancellation and objection rights as provided under the legislation in force.
g) The identity and address of the controller: The details of the company holding and managing the services compiled in this website are:
• Name of the shop: PLAYMYGROUP INTERNATIONAL S.L.
• Registered with the Spanish Register of companies ID. No. B54911813
• Corporate address: C/ Ebanisteria 26 - 03008- Alicante – Spain
• E-mail address: firstname.lastname@example.org
1.2. General terms and conditions of sale
Pursuant of the provisions of Royal Decree 1906/99 of 17 December on the general conditions for electronic contracting, and of the Retail Trade Act (Act 7/1996 of 15 January, amended by Act 47/2002 of 19 December), which the stipulations of Articles 38 et seq. on distance sales refers, PLAYMYGROUP INTERNATIONAL S.L. hereby informs:
This document contains the general regulations for the services provided by PLAYMYGROUP INTERNATIONAL S.L., websites www.playmyplanet.com and www.playmyfun.com, and it is the legal framework on which the present contract of sale is based.
The present General Terms and Conditions of Sale are subject to the provisions of Act 7/1988 of 13 April on General Contracting Conditions, of Act 26/1984 of 19 July regarding the Defence of Consumers and Users, of Royal Decree 1906/1999 of 17 December 1999 establishing the general terms of Telephonic or Electronic Contracting, of Organic Law 15/1999 of 13 December on Personal Data Protection, of Act 7/1996 of 15 January on Retail Trade and of Act 34/2002 of 11 July on Information Society Services and E-Commerce.
The services offered by PLAYMYGROUP INTERNATIONAL S.L. and their online shops may be contracted by any user fulfilling the requirements established under the present GENERAL TERMS AND CONDITIONS OF SALE and LEGAL DISCLAIMER, which are available at the PLAYMYGROUP INTERNATIONAL S.L. onlines shops.
2. OBJECT AND SCOPE
The following general terms and conditions of sale are to inform both present and future users about the circumstances regulating the sale and delivery of products purchased from the online shops PLAYMYPLANET and PLAYMYFUN belonging to PLAYMYGROUP INTERNATIONAL S.L., as well as describe the complete set of rights and obligations acquired by both parties throughout the sale process (as buyer and seller), and therefore they are intended to regulate the service offered by PLAYMYGROUP INTERNATIONAL S.L. through PLAYMYPLANET and PLAYMYFUN online shops.
These terms and conditions apply to all orders placed with PLAYMYPLANET and PLAYMYFUN online shops. The placing of an order implies the acceptance of these general terms and conditions of sale from the moment the buyer confirms the order, after having been previously warned thereof; from then on these terms and conditions are considered to be irrevocably and definitively accepted.
The services offered now by PLAYMYGROUP INTERNATIONAL S.L. online shops and which are the subject of this contract involve the sale of PLAYMOBIL brand products and other related articles, but these general terms and conditions of sale also apply to any future product that PLAYMYGROUP INTERNATIONAL S.L. may incorporate in their online shops.
Access to information and navigation through the PLAYMYPLANET and PLAYMYFUN online shops of PLAYMYGROUP INTERNATIONAL S.L. website is completely free. Only orders placed and validated by the CUSTOMER are subject to payment, and the cost of the product, plus delivery costs and taxes will always be available. The contracting process will be in Spanish, but PLAYMYGROUP INTERNATIONAL S.L. may offer his CUSTOMERS the possibility, through the PLAYMYPLANET and PLAYMYFUN online shops, of contracting the services in other languages.
PLAYMYGROUP INTERNATIONAL S.L. reserves the right to modify any of the present terms and conditions at any time for the PLAYMYPLANET and PLAYMYFUN online shops.
3. IDENTITY OF PLAYGROUP INTERNATIONAL S.L. at the PLAYMYPLANET and PLAYMYFUN online shops and IDENTIFICATION OF THE CONTRACTING PARTIES
PLAYMYGROUP INTERNATIONAL S.L. acting from the PLAYMYPLANET an PLAYMYFUN online shops, with registered office at C/ Ebanisteria 26 CP: 03008, Alicante, holder of Spanish Id. No.: B54911813, registered with the Spanish Register of Companies, with e-mail address: email@example.com
The CUSTOMER, whose details will be entered by themselves through the purchase process, information, queries, etc. by way of forms contained within the websites www.playmyplanet.com and www.playmyfun.com. All details will be provided by the customer, and the responsibility of their accuracy lies directly and exclusively with the CUSTOMER.
4. WEBSITE ACCESS
The customer shall have the appropriate computer and IT means that enable access to the PLAYMYGROUP INTERNATIONAL S.L. online shops, through the website www.playmyplanet.com and www.playmyfun.com, to place and pay for an order. The customer will take responsibility for any technical charges arising from their access to the website.
PLAYMYGROUP INTERNATIONAL S.L. URLs or websites featured in the PLAYMYPLANET and PLAYMYFUN online shops.
5. OBLIGATIONS ATTACHED TO THE PURCHASE PROCESS
The CUSTOMER is solely responsible of the accuracy of all details they enter during the purchase process, and undertake to provide accurate, genuine and complete details.
If the CUSTOMER fails to fulfil this obligation, they will be liable for any possible damages caused to PLAYMYGROUP INTERNATIONAL S.L. online shops, or to any third parties.
If the CUSTOMER did not provide correct delivery details, PLAYMYGROUP INTERNATIONAL S.L. will not be held liable for the correct delivery of the product.
6. SERVICE CONDITIONS
PLAYMYGROUP INTERNATIONAL S.L. reserves the right to modify the present Terms and Conditions of Sale and any other document that may appear on the www.playmyplanet.com and/or playmyfun.com website at any time, they will always be up to date and available for CUSTOMERS.
The terms and conditions of this service, as well as any offers or special offers that PLAYMYGROUP INTERNATIONAL S.L. may eventually make, will be published on the website www.playmyplanet.com, www.playmyfun.com, or any other websites belonging to the same owner through which he might advertise, and they may be checked, saved or printed by the CUSTOMER any time.
The use of the different services shall be subject to the stipulations contained in this contract, in a way that:
a) Access to the system will be carried out through the use of passwords given to the user or agreed with them when registering on the website. These passwords will be kept private and confidential, and the user should protect them against any third person access; the user accepts all liability with respect to the use by any third party.
b) Users who have failed to fulfil the obligations and undertakings accepted through this contract, or who have not registered with a name and a password, will not be granted access to this service.
The user expressly states that they accept all responsibility of issues that may arise from an improper use of the services covered by this contract.
PLAYMYGROUP INTERNATIONAL S.L. guarantee the users rights and the fulfilment of the contract and all the applicable regulations, may:
a) Supervise the service through his administrators, always maintaining privacy of the users.
b) Suspend the service temporarily, without prior notification and at any time, for technological or legal reasons; the reasons will be explained on the website of the service provider when feasible.
c) Modify the conditions of the service when advisable for technical reasons or as required by law, both circumstances will be properly displayed on the service provider’s website.
d) Erase or delete from the different websites services or any information which might be illegal or offensive.
e) inform the relevant bodies, i.e. judicial or administrative entities (either reporting to the national, regional or local authorities) which may execute their powers, regarding any behaviour, activity or details which may be illegal and which the service provider has become aware of. Furthermore, and in fulfilment of his cooperation duty, he shall abide by all requirements or orders received from the said entities with respect to the services which are the subject of this contract, as covered under Article 11 of Act 34/2002 of 11 July on Information Society Services and E-Commerce.
PLAYMYGROUP INTERNATIONAL S.L. accepts no responsibility and does not guarantee the correct and permanent operation of the telecommunication network.
All communication or information from the different services comprised within the website are protected by the corresponding copyright and by the legislation on intellectual property. As a consequence, total or partial reproduction, computer processing, transfer or loan is strictly forbidden.
The customer accepts liability with respect to the verification of the details and products being bought, and confirms they are aware of the terms and conditions, delivery costs, taxes and other expenses which might appear within the payment and delivery conditions, and acknowledges no changes can be made after the order has been confirmed and paid.
PLAYMYGROUP INTERNATIONAL S.L. will not be held responsible for any delays or failures occurred to the access, operation or functionality of the website or its services and/or contents, or any interruption, stoppage or wrong operation of the same, provided they are caused by failures arisen from acts of God, force majeure events or extreme circumstances, such as strikes, computer attacks or intrusions or any other force majeure or fortuitous event, as well as by errors in data transfer networks and, in any event, whenever the failure has been caused by a third party which is not connected to the PLAYMYGROUP INTERNATIONAL S.L. and their web shops and web sites.
The PLAYGROUP INTERNATIONAL S.L. online shops accept all liability with respect to the trustworthiness, veracity and accuracy of the contents, details and information related to the products offered on the website, unless they have been modified by any third party, either connected to the organization or not, without the express written consent from the company.
The service provided by PLAYMYGROUP INTERNATIONAL S.L. and their on line shops is specifically limited to make the products available for customers, and they accept liability with respect to any products which might not match what was purchased by the CUSTOMER unless it was the CUSTOMER’s mistake when placing the order and describing the product requested. For that reason, whenever information about products is requested, it will be sent by PLAYMYGROUP INTERNATIONAL S.L., through its e-mail address firstname.lastname@example.org.
In the event the websites owned by PLAYMYGROUP INTERNATIONAL S.L. contains banners or links which grant the user access to websites or IPs owned by other third parties, PLAYMYGROUP INTERNATIONAL S.L. will not accept any liability with respect to the content they may have, and he may delete them if informed and confirmed that their content are illegal.
Products offered by on-line shops of PLAYMYGROUP INTERNATIONAL S.L. abide by the Spanish and European regulations in force. PLAYMYGROUP INTERNATIONAL S.L. will not be liable for any direct or indirect damages that may be caused by the purchase of the products.
PLAYMYGROUP INTERNATIONAL S.L. recommends its clients regularly read the general terms and conditions of sale for the products, which can be found online at www.playmyplanet.com and www.playmyfun.com.
The CUSTOMER undertakes to fulfil the provisions of the LEGAL DISCLAIMER and the GENERAL TERMS AND CONDITIONS published on the website of PLAYMYPLANET and PLAYMYFUN when buying the product/s.
8. WARRANTY AND RETURN OF A PRODUCT
Pursuant of Article 45 of Act 7/1996 of 15 January on Retail Trade, no right of return will be granted for the products which fulfil the specifications described in the shop.
Likewise, the products which have been purchased, delivery costs, payment or other taxes or expenses accrued during the purchase, without evidence that the customer could not read the terms and conditions of sale, will not be eligible for return.
All products offered through the website www.playmyplanet.com and the materials used within are original and new. These products are in perfect manufacturing condition but were not the ones requested by the customer, will not be accepted for return if it was a CUSTOMER mistake when placing and confirming the order; this is why, before the final acceptance of the ORDER, the customer should carefully review the summary of the order, total number of products ordered, payment method, any costs which might have arisen, delivery details and any other chosen options they may have entered during the purchase process.
PLAYMYGROUP INTERNATIONAL S.L. and its shops only accepts the return of a product in the following cases:
- When products received are not those which were ordered through the website (www.playmyplanet.com). The order registration confirmation e-mail contains all details regarding the products ordered (name and reference of the product/s, their dimensions, characteristics, images, etc.), so both parties will be able to check if the mistake is attributable to PLAYMYGROUP INTERNATIONAL S.L..and its shops.
- If products delivered have certain faults or defects inherent to the product or caused by an incident occurred during its transport or during any stage of the order preparation process.
In these specific cases, complaints should be sent to PLAYMYPLANET via e-mail (to the address provided in the order confirmation) within a maximum of FOUR days from receipt of the products, and they should include:
- the customers’ details;
- the order reference;
- the reasons for the complaint.
PLAYMYGROUP INTERNATIONAL S.L. and its shops will confirm if the complaint is acceptable within 48 hours from receipt. PLAYMYGROUP INTERNATIONAL S.L. and its shops will collect all products that
are defective or are damaged which prevent their use and will replace. The customer will return the products ordered through the company SEUR (within the Spanish peninsular territory, the Balearic Islands and Portugal) or by POST (for Ceuta, Melilla, the Canary Islands and Andorra), and should attach a copy of the e-mail sent to PLAYMYPLANET and the receipt for the delivery costs (the shipping date should appear on the printed document). The delivery costs will be borne by PLAYMYGROUP INTERNATIONAL S.L. and its shops, and will be refunded to the customer by means of a discount applied to their next order.
If the process mentioned and terms previously stipulated are not abided by, the buyer may not submit any complaint on the basis of non-conformity or alleged defects in the products ordered. These products will be considered compliant with the order and exempted from any visible failure or defect.
No return due to the following problems will be accepted:
• problems considered as subjective (related to personal preferences with respect to the product ordered).
• Problems directly due to the customers mistake when placing the order.
• Problems due to a customers mistake when choosing the product and/or its options while placing the order.
• Problems occurred during delivery (see “Delivery” paragraph on this website)
• problems occurred during the use and/or cleaning of the products (PLAYMYGROUP INTERNATIONAL S.L. and its shops recommend its customers carefully read the maintenance tips for the derived products).
For any queries on the present terms and conditions of sale or to make any complaint with respect to your purchase, please use the following address:
PLAYMYGROUP INTERNATIONAL S.L.
C/ Ebanisteria 26
9. PURCHASE PROCESS
The service contracting process is carried out electronically through the PLAYMYPLANET and PLAYMYFUN websites, www.playmyplanet.com and www.playmyfun.com, and before starting it is necessary to register by completing your personal and company details (if applicable), this will enable the correct management and receipt of all orders placed by the CUSTOMER. The CUSTOMER will have to be a registered user to place an ORDER; this way, it will not be necessary to enter all personal details every time a new ORDER is made, this will make it possible to record a history of all orders, receive information in the customers area and to contract other services only provided to registered users, apart from receiving the products purchased in the store correctly.
The customer will choose the products needed from the store, select a payment method and validate the order and delivery details; they can also leave any comments required to facilitate delivery and location of addressee.
The placing of an order entails the unrestricted and unlimited acceptance of the present terms and conditions of sale.
All orders exclusively placed through the website www.playmyplanet.com and www.playmyfun.com are systematically confirmed by PLAYMYPLANET and/or PLAYMYFUN via e-mail. All sales will not be considered definitive until the buyer has confirmed the order as per the request sent by PLAYMYPLANET and7or PLAYMYFUN and the total price has been paid.
PLAYMYGROUP INTERNATIONAL S.L. and its shops recommends its customers keep these details either within a printed document or an electronic file.
From the moment the order is registered, the buyer is accepting the present terms and conditions of sale, the prices and amounts of the products ordered and the rights or rules established by PLAYMYGROUP INTERNATIONAL S.L. and its shops. The buyer, after having studied and knowing the products and their characteristics, will take responsibility, for the product/s within the order depending on the preferences previously specified during its processing.
If the buyer does not consider to be duly informed, it will be their responsibility to seek advice from PLAYMYGROUP INTERNATIONAL S.L. and its shops or any other competent person.
10. VALIDITY OF THE PURCHASE PROCESS AS A PROOF OF ACCEPTANCE AND EXECUTION OF THE CONTRACT
Both parties expressly declare that the acceptance of the PLAYMYGROUP INTERNATIONAL S.L. and its shops product/s offered implies the fulfilment of the purchase process described in paragraph 9, “PURCHASE PROCESS”, also specified in point 2 “OBJECT AND SCOPE”. From the moment the CUSTOMER accepts and validates an order online, they are accepting the present terms and conditions of sale, a process understood as sufficiently binding to both parties.
The contract will be executed the moment the CUSTOMER confirms they accept the general terms and conditions published when the purchase is made, and after having clicked the "I accept" box.
In the event of any of the clauses contained within this contract being deemed illegal and unenforceable, the rest of the clauses will remain in full effect. Both parties will undertake to renegotiate those clauses contained within the general terms and conditions which are null and void and to incorporate them within the contract.
12. APPLICABLE LAW AND JURISDICTION
Since the provider of the services which are the subject of this contract is based in Spain, the Spanish law will be applied to the said entity as well as the aforementioned services. As a consequence, the specific applicable legislation is Act 34/2002 of 11 July regarding information society services and e-commerce, the Spanish Civil Code and Code of Commerce and the rest of the civil and commercial contractual regulations, especially consumer and user protection and business management regulations.
This contract will be in full force and effective from the moment the recipient or user accepts the same.
This contract, and therefore the general terms and conditions contained in the same, together with any attachments (where applicable), can be read on the website or saved, filed and reproduced by common electronic or computer media.
For any litigations or issues affecting the website www.playmyplanet.com or any other page depending on it, Spanish legislation will apply; a competent court will resolve any conflicts arising or related to the use of this website. Courts and Tribunals of Alicante (Spain) and in default thereof, the Arbitration Tribunals to which PLAYMYGROUP INTERNATIONAL S.L., the owner of PLAYMYPLANET and PLAYMYFUN, is affiliated when the conflict is produced. To submit any complaints regarding our services, you can send an e-mail to the management, at the following address: email@example.com.