Contract General Terms
1. GENERAL INFORMATION
The ownership of this website, www.spikeandfreak.com (hereinafter website) is holded by: Maricel Díez Regidor, with NIF: 53414725P and whose contact data is:
C/Principado de Asturias 26 CP 28231 Las Rozas – Madrid -España.
This document (as well as all other documents mentioned herein) regulates the conditions governing the use of this website (www.spikeandfreak.com) and the purchase or acquisition of products and/or services in the same (hereinafter, Conditions).
For the purposes of these Conditions, the activity that SPIKE AND FREAK develops through the website comprises: The sale of handicraft and design products, board games, game accessories, dolls and gift items.
By using this website or by making and/or requesting the purchase of a product and/or service through the same the User agrees to be bound by these Conditions and all the above, so if you do not agree with all this , you should not use this website.
It is Also reported that these Conditions could be amended. The User is responsible for consulting each time he accesses, navigates and/or uses the website as they will be applicable those that are in force at the time of requesting the purchase of products and/or services.
For all questions that the User may have regarding the Conditions may contact the owner using the contact details provided above or, where appropriate, using the contact form of the Website or the mail firstname.lastname@example.org.
2. THE USER
The access, navigation and use of the website confers the status of User (hereinafter referred to as User/s), so all the Conditions here established as well as their subsequent modifications are accepted since the start of browsing the website, without prejudice to the application of the corresponding legal norm of obligatory compliance according to the case.
The User assumes responsibility for the correct use of the website. This responsibility shall be extended to:
● Make use of this website only for the purpose of making inquiries and purchases or acquisitions legally valid.
● Do Not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase was made, it could be cancelled and the relevant authorities would be informed.
● Provide truthful and lawful contact data, for example, email address,
The User declares to be over 18 years of age and has legal capacity to conclude contracts through this website.
The website is mainly intended for Users living in Spain. SPIKE AND FREAK does not ensure that the Website complies with laws from other countries, either in whole or in part.
SPIKE AND FREAK declines any liability that may arise from such access, nor does it ensure the delivery or delivery of Services outside Spain.
The User will be able to formalize, at his choice, WITH SPIKE and FREAK the contract of sale of the products and/or services desired in any of the languages in Which these conditions are available In This Web site.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the website by the means and forms established. They shall follow the online purchase and/or acquisition procedure of SPIKE and FREAK during which several products and/or services may be selected and added to the cart, basket or final space of purchase and, finally, click to make the purchase.
In Addition, the User must fill in and/or check the information that is requested at each step although, during the purchase process and before making the payment, the purchase data can be modified.
The User will then receive an email confirming that SPIKE AND FREAK has received the order or purchase request, that is to say, the order confirmation. And, if is the case, will be informed also through email when the purchase is being shipped. This information could also be made available to the User through his personal space of the Web Site.
Once the purchase procedure has been completed, the User agrees that the Website generates an electronic invoice that will be sent to the User via email. And, where appropriate, through their personal space of the Web Site. In addition, the User may, if he wishes, obtain a paper copy of the invoice, requesting it to SPIKE AND FREAK using the contact spaces of the Website or through the contact details provided above.
The User recognizes to be aware, at the time of purchase, of certain conditions
of sale that concerning the product and/or service in question and which are shown next to the presentation or, if appropriate, image of the latter on its website page, indicating, by way of enunciative, but not exhaustive, and according to each case: name , price, components, weight, quantity, colour, details of the products, or characteristics, way in which they will be carried out and/or cost of the benefits; and recognizes that the fulfillment of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
SPIKE AND FREAK is the manufacturer of part of the products that are marketed on the website, such products are handmade and while SPIKE AND FREAK makes great efforts to make the information and image displayed on the website is correct, sometimes the packaging and/or materials and/or product components may contain additional information or different than that shown on the website. Therefore, the User must not only consider the information provided by the website, but also the information available on the labelling, the warnings and/or instructions accompanying the product.
All purchase orders received by SPIKE AND FREAK through the website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Terms) affects to the supply of the same ones and/or to the provision of the services. If there are difficulties in the supply of products or there are no products left in stock, SPIKE AND FREAK agrees to contact the User and reimburse any amount that may have been paid for the amount. This will also apply in cases where the provision of a service would be unrealizable.
5. PRICES AND PAYMENT
The prices displayed on the website are the finals, in Euros (€) and include the taxes, except that by legal requirement, especially in relation to VAT, is indicated and applies differently.
Shipping costs are displayed on the website once the products have been added to the cart and prices have been calculated with the destination address. Thus, SPIKE AND FREAK performs delivery and/or shipping services through courier services, except for those cases where hand delivery is chosen.
In no case will the website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
The prices may change at any time, but the possible changes will not affect the orders or purchases with respect to which the User has already received an order confirmation.
The accepted means of payment will be: Credit or debit Card, Paypal and bank Transfer. If you choose to hand-deliver, it can also be made at the time of delivery in cash or by credit/debit card.
Credit cards will be subject to checks and authorizations by the banking authority, if the entity does not authorize the payment, SPIKE AND FREAK will not be responsible for any delay or lack of delivery and may not formalize any Contract with the User.
Once SPIKE AND FREAK receives the purchase order from the User through the website, a pre-authorization will be made on the appropriate card to ensure that there are sufficient funds to complete the transaction. The charge on the card shall be made at the time the User is sent the confirmation of shipment and/or confirmation of the service provided in the form and, where appropriate, place established.
In any case, by clicking on “Buy” the User confirms that the method of payment used is his own or that, if applicable, is the rightful holder of the gift card or the credit card.
Orders for purchase or acquisition in which the User selects as payment means the bank transfer will be delayed and reserved for 5 calendar days from the confirmation of the order to allow enough time for the bank transfer to be taken into account by the payment system used by SPIKE AND FREAK for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
By Means of this method of payment, the User must make sure that it correctly introduces the exact amount of the purchase order, as well as the account number and the transfer reference. In case of error, SPIKE AND FREAK will not be able to validate the order, which will be cancelled.
The shipments will be carried out with parcel services both at national level (Peninsula and Islands) and at international level.
The countries to which SPIKE AND FREAK makes shipments are:
Europe: France, Portugal, Germany, Italy, Austria, Holland, Luxembourg, Belgium, United Kingdom (mainland), Denmark, Greece, Ireland, Norway, Sweden, Switzerland, Croatia, Slovakia, Estonia, Finland, Hungary, Iceland, Latvia, Lithuania, Malta, Slovenia. America: Mexico, Brazil, Canada and the USA.
If for any reason that was imputable, SPIKE AND FREAK could not meet the date of delivery, will contact the User to inform of this circumstance and may choose to go ahead with the purchase by setting a new date of delivery or cancel the Order with full refund of the paid price. In any case, hand deliveries are carried out on working days.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be refunded.
For the purposes of these Conditions, it is understood that the delivery has occurred or that the order has been delivered at the time when the User or a third party indicated by the User acquires the material possession of the products, which will be credited by the signature of the receipt of the order in the agreed delivery address.
The risks derived from the products may be borne by the User at the time of delivery. The User acquires ownership of the products when SPIKE AND FREAK receives full payment of all amounts due in connection with the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs at a time after the full receipt of the amount paid by SPIKE AN D FREAK.
In accordance with the provisions of Law 37/1992, of 28 December, of the Value Added Tax (VAT), purchase orders for delivery and/or benefit shall be deemed to be located in the territory of application of VAT Spanish if the delivery address is in Spanish territory except Canary Islands, Ceuta and Melilla. The applicable VAT rate shall be the one legally in force at any time depending on the particular article in question.
7. TECHNICAL MEANS FOR CORRECTING ERRORS
It is informed to the User that in case you detect that there has been an error in entering the data necessary to process your purchase request on the Website, you can modify it by contacting SPIKE AND FREAK through the means of contact available on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General Information). Likewise, this information could also be corrected by the User through his personal space of connection on the Web Site.
In any case, the User, before clicking on “buy”, has access to the cart space where the purchase requests is made and can make modifications.
8. RIGHT OF WITHDRAWAL
In cases where the User acquires products on or through the owner’s Website, they are given a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the website and therefore assists the right to desist from such purchase within 7 calendar days without the need for justification.
This withdrawal period shall expire at the 7 calendar days of the day that the User or a third party authorized by the latter, other than the carrier, acquired the material possession of the goods acquired on the SPIKE AND FREAK Website.
To exercise this right of withdrawal, the User shall notify SPIKE AND FREAK of his decision.
He may do so, if necessary, through the contact means enabled on the Website.
The User, irrespective of the means he chooses to communicate his decision, must express clearly and unequivocally that it is his intention to desist from the purchase agreement before the corresponding deadline expires.
In case of withdrawal, SPIKE AND FREAK will reimburse the User for all payments received, excluding shipping costs without undue delay and, in any case, no later than 7 calendar days from the date on which SPIKE AND FREAK is informed of the decision to desist from the User.
SPIKE AND FREAK will reimburse the User using the same payment method that this used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, SPIKE AND FREAK may withhold such reimbursement until the goods or items from the purchase have been received.
The User can return or send the products to SPIKE AND FREAK at:
SPIKE AND FREAK
c/Principado de Asturias 26 4º I
28231, Las Rozas – Madrid
And shall do so without undue delay and, in any event, not later than 7 calendar days from the date on which SPIKE AND FREAK was informed of the decision to desist.
The User acknowledges that he must assume the direct cost of return (transport, delivery) of the goods, if any is incurred. In addition, it shall be responsible for the decrease in the value of the products resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.
The User recognizes that there are exceptions to the right of withdrawal, as contained in article 103 of theReal Decreto Legislativo 1/2007, of 16 November, approving the revised text of the Ley General para la Defensa de los Consumidores y Usuarios and other complementary laws. In an enunciative and non-exhaustive manner, this would be the case of: customised products; Products that may deteriorate or expire quickly; Products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In this same sense it is governed the provision of a service that the User could contract in this Web Site, because this same Law establishes that it will not attend the Right of withdrawal to the Users when the rendering of the service has been fully executed, or when has begun, with the express consent of the consumer and the user and with the acknowledgement on his part that he is aware that, once the contract has been fully executed by SPIKE AND FREAK, You will have lost your right to desist.
In any case, no reimbursement will be made if the product has been used beyond the mere opening of it, of products that are not in the same conditions in which they were delivered or have suffered any damage after delivery.
The products must also be returned using or including all of their original packaging, instructions and other documents that accompany them in addition to a copy of the purchase invoice.
Defective product return or shipping error
These are all cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations in the contract or purchase order, and that, therefore, should contact SPIKE AND FREAK immediately and let you know the existing disagreement (defect/error) by the same means or using the contact details provided in the preceding section (Right of Withdrawal).
The User will then be informed about how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the reimbursement or, if necessary, the replacement of the same.
The reimbursement or replacement of the product shall be made as soon as possible and, in any case, within 7 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item proceeds.
The amount paid for those products that are returned because of a defect, when it actually exists, will be reimbursed in full, including the delivery costs and the costs that the User could incur to make the return. The reimbursement will be made by the same means of payment that the User used to pay the purchase.
In any case, it will always be to the rights recognized for the User in the legislation in force at any time, as a consumer and user.
The User, as a consumer and user, has guarantees on the products that can be purchased through this website, in the legally established terms for each type of product, therefore, SPIKE AND FREAK responds for the lack of conformity to be manifested within a month from the delivery of the product.
In this sense, the products are understood to conform to the contract provided that: they conform to the description made by SPIKE and FREAK and possess the qualities presented in it; are suitable for the uses to which the products of the same type are meant to be used and present the usual quality and performance of a product of the same type and which are fundamentally expected from it. Should this not be the case with respect to the products delivered to the User, he must proceed as told in the section about return of defective products or error in shipping. However, some of the products that are marketed on the Website may present non-homogeneous characteristics, provided that they derive from the type of material they have been manufactured to, such as artisanal products and thus form part of the Individual appearance of the product, and will not be a flaw.
On the other hand, it could be the case that the User acquires on the website a product from a brand or manufactured by a third party. In this case, should the User consider that it is a defective product, also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise its right of legal guarantee directly against it for the two years following the delivery of such products.
To this end, the User must have retained all information regarding the warranty of the products.
Unless otherwise provided by law, SPIKE AND FREAK will not accept any liability for the following losses, irrespective of their origin:
● Any losses that are not attributable to any breach on our side.
● Business Losses (including Loss of profits, income, contracts,
expected savings, data loss, loss of goodwill or unnecessary expenses incurred. )
● Any indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products between the two parties was formalized.
Likewise, SPIKE AND FREAK also limits their responsibility for the following cases:
● SPIKE AND FREAK applies all measures to provide a faithful visualization of the product on the website, but is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or Browser problems that you use or other of this kind.
● SPIKE AND FREAK will act with the utmost diligence to make available to the company responsible for the transport of the product subject to the purchase order. However, it is not responsible for damages arising from the malfunction of the transport, especially for causes such as strikes, retentions on roads, and in general any other of the sector, resulting in delays, losses or thefts of Product.
● Technical Failures which, by chance or otherwise, prevent normal operation of the service via the Internet. Lack of availability of the website for maintenance or other reasons, which prevents the service from being available. SPIKE AND FREAK uses all the means at our disposal to carry out the process of buying, paying and sending/delivering the products, however it is exempted from liability for reasons that are not attributable, fortuitous case or force majeure.
● SPIKE AND FREAK will not be responsible for the misuse and/or wear of products that have been used by the User. At the same time, SPIKE AND FREAK will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
● Usually, SPIKE AND FREAK will not be liable for any breach or delay in the fulfillment of any of the obligations assumed when it is due to events that are beyond our reasonable control, ie that are due to Force majeure, and the latter may include, but not exhaustively:
o Strikes, lockouts or other protest action.
o Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations.
o Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster.
o Inability to use trains, ships, airplanes, motor transports or other means of transport, public or private.
o Inability to use public or private telecommunications systems.
o Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and SPIKE AND FREAK shall have an extension in the period to be fulfilled for a period of time equal to the duration of the cause of force majeure.
SPIKE AND FREAK will put all reasonable means to find a solution that will allow us to fulfil our obligations despite the cause of force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this website, the User accepts that most communications with SPIKE AND FREAK are electronic (email or notices posted on the website).
For contractual purposes, the User agrees to use this electronic communication medium and recognizes that any contract, notice, information and other communications that SPIKE AND FREAK sends electronically comply with the legal requirements of being for Written. This condition will not affect the rights recognized to the User by the law.
The User can send notifications and/or communicate with SPIKE and FREAK through the contact details that are provided in these Terms & Conditions and, where appropriate, through the contact spaces of the Web Site.
Likewise, unless otherwise stated, SPIKE AND FREAK may contact and/or notify the User through their email, contact telephone number or at the postal address provided.
No waiver of SPIKE AND FREAK to a particular right or legal action or the lack of requirement by SPIKE AND FREAK of strict compliance with any of his obligations will imply nor a waiver of any other rights or actions arising from a contract or the Conditions, nor exonerates the User from the fulfillment of his obligations.
No waiver of SPIKE AND FREAK to any of these Terms or rights or actions arising from a contract shall take effect unless expressly stated to be a waiver and formalize and communicated to the User in writing.
If any of these Conditions were declared null and void and without effect by a firm decision dictated by the competent authority, the remainder of the clauses shall remain in force, without being affected by such declaration of invalidity.
13. FULL AGREEMENT
The present Conditions and any document that is expressly referenced in these constitute the entire agreement between the User and SPIKE AND FREAK in connection with the object of purchase and replace any other pact, agreement or previous promise agreed verbally or in writing by the same parties.
The User and SPIKE AND FREAK acknowledge that they have consented to the conclusion of a contract without trusting in any statement or promise made by the other party, except that which is expressly mentioned in the present Conditions.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
The access, navigation and/or use of this Web Site and the contracts of purchase of products through it will be governed by the Spanish legislation.
Any controversy, problem or disagreement arising out of or related to access,
navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between SPIKE and FREAK and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send SPIKE AND FREAK it’s complaints, claims or any other comments it want to make through the contact details that are provided at the beginning of this Conditions (General Information).