Terms and conditions of purchase

Conditions

1. Identification of the owner of the Website:

The owner of the domain and the website https://tienda.pontejos.com/ (hereinafter, the "Website" or the "Website") is SUCESORES DE ANTONIO UBILLOS S.A. Plaza de Pontejos 2, 28012 - Madrid, with C.I.F.: A28045151, duly registered in the Mercantile Register (Reg. Mercantil de Madrid. Folio 162, Volume 3458, Page 25791, Book 2730 Section, 3rd).

You can contact us directly and effectively at the telephone number +34 91 521 55 94, or at the e-mail address pontejos@pontejos.com.

The following are the contracting conditions applicable to the purchase of products from TIENDA PONTEJOS.

Acceptance of these conditions implies that you are of legal age, with sufficient capacity to contract and that you have read and understood what is stated in them.

The data you provide when making a purchase will be treated in accordance with our Privacy Policy, which you must also read and, if you agree, accept during registration, which is mandatory in order to make a purchase.

2. Contracting:

This document sets forth the terms and conditions of the purchase and sale of the products offered against payment of the price published on the Website.

2.1. Availability of the shipping service: The items offered on the Website are only available for shipment to the countries and territories set out in Shipping costs.

CUSTOMS INFORMATION: If you order products for delivery to a country outside the European Union, you may be required to pay import duties and taxes, which will be charged to you at the time the package arrives at its destination. Any additional charges due to customs clearance will be your responsibility. We have no control over such amounts. Customs policies vary significantly from country to country so please check with the relevant customs office for further information. In addition, when you place an order through our Web Site, from a legal point of view, you are considered an importer, and you must therefore comply with all applicable regulations in the country where the product is received. We also warn you that international shipments are subject to inspection and opening by customs authorities.

2.2. Contracting language: The contracting of the products and articles of the Website, can be made in Spanish, English, German and Portuguese.

2.3. Copy of these conditions: We will not keep a copy of these conditions linked to your purchase, so we recommend that you keep a copy of them each time. However, we will send you a copy in the confirmation email of your purchase.

2.4. Technical means to correct errors: The Web Site does not have technical means to identify and correct errors in the introduction of your data, but it detects if any field is pending completion and does not allow you to continue with the purchase process.

However, if you detect that during the process you have made a mistake, you should contact us as soon as possible to correct it through the telephone and/or e-mail indicated above.

If you have registered as a customer on the Website, you also have the possibility to correct your data through your customer account, identifying yourself with your username and password.

We will not be responsible if you have not rectified your data before the order has left our facilities, notwithstanding that if there is a problem with the delivery, we or the corresponding transport company will contact you to try to rectify the incident.

2.5. Purchase process: You can access the items offered on the Website through its different sections or through the home page. If you are interested in any product, you can click on it, accessing the product description and its features.

If you wish to purchase the item, you must select the options provided and add it to the cart, as long as it is available, and finalize the order.

To add any other product to the order, you must repeat the process.

To finalize the order, you can do it as a guest or register as a customer, providing the data requested in the registration form: e-mail, password, title (Mr. or Mrs.), first name, last name, date of birth, postal address of delivery, telephone, etc.) being essential to complete those fields that the system will indicate as necessary to process the order if you do not complete them. We remind you that you are responsible for the truthfulness, accuracy and correctness of them.

Before completing the registration, you must read and, if you agree, accept our privacy policy by checking the corresponding box.

The purpose of the customer account is to prevent you from having to re-enter all your data in subsequent purchases. If you wish to delete your customer account, please contact us.

If you detect any error in the data you have entered in the form, you can and should proceed to correct it through your customer account, or by contacting us by phone or email.

We reserve the right to verify the personal data provided and to adopt the measures we deem appropriate to ensure compliance with these conditions. In case you have a promotional discount code, you can make use of it by entering it in the appropriate field. Discount coupons cannot be accumulated.

Then you must select the shipping method and payment method.

Once you have read the terms and conditions, if you agree with them, you can proceed to their acceptance by checking the box provided for that purpose and click the corresponding button to place the order and pay.

After completing the whole process satisfactorily, we will confirm the purchase by email to the address you have provided, indicating the details of the order placed, the amount of the purchase and all the costs associated with it.

3. Methods of payment:

3.1. Payment by Credit/Debit Card: If you choose this payment method, you are guaranteeing that you have full authorization for the use of the card in the purchase process. The charge on the card will be made in real time through the virtual POS of the bank, once verified the correctness of your data. We will not store any of the card data. At the time of order processing, the card data will be transmitted encrypted and absolutely secure, for the sole purpose of making the payment to the financial institution of the amount corresponding to the order placed.

The cards will be subject to verifications and authorizations on the part of the issuing entity of the same, but if this entity does not authorize the payment we cannot consider the purchase contract formalized.

Payment by PayPal: If you have a PayPal user account you can use this payment method. Similarly if you make the payment through this system, you are confirming that you have full authorization for the use of the PayPal account.

3.3. Payment by bank transfer: Once you have completed the entire process and confirm the order, we will send you an email in which we will indicate the account number where to make the bank transfer. If after 72 hours from the order confirmation, the amount corresponding to the order has not been received, the order will be automatically cancelled.

If you wish to speed up the verification of the payment made, you can send a copy of the transfer receipt by email.

3.4 Payment by Bizum: To use this payment method, you must have this option activated with your bank. The charge is made instantly. To make the payment a sms will be sent to the cell phone associated with the account that will serve to validate the purchase. We will not store any of the data used for the payment through Bizum. At the time of order processing, these data will be transmitted encrypted and absolutely secure, for the sole purpose of making the payment to the financial institution of the amount corresponding to the order placed.

4. Availability and delivery of orders:

The items offered through the Website are only available for delivery to the territories referred to above. Under no circumstances will orders be delivered to post office boxes.

In accordance with the provisions of Article 110 of Royal Legislative Decree 1/2007 of 16 November (Consolidated Text of the Law for the Defence of Consumers and Users - hereinafter TRLGDCYU), in case of non-execution of the contract by us, because the contracted good is not available, we will inform you of this lack of availability as soon as possible and you will recover, without undue delay, the sums you have paid under it.

Delivery of orders will be made to the postal delivery address you have designated. We cannot assume any responsibility if the delivery of the product does not take place because the information you have provided is false, inaccurate or incomplete, or when the delivery cannot be made for reasons attributable only to you, beyond our control or that of the designated carrier, such as the absence of the addressee.

In case you are absent at the time of delivery, the carrier will leave notice indicating how to proceed to establish a new delivery.

If these steps are unsuccessful, we will contact you to resolve the incident.

5. Shipping rates:

The shipping rates to the different territories can be found here. In any case, the amount corresponding to the shipping costs will be broken down before finalizing the purchase.

6. Delivery times:

The delivery time can be found here.

Orders placed after 14:00 h, on weekends or on local holidays in Madrid or national holidays in Spain, will be considered to be delivered on the next working day.

In shipments destined for territories outside the European Union we cannot be held responsible for delivery delays caused by incidents in Customs clearance not attributable to us.

7. Prices and invoicing:

7.1. Prices: The prices of the products will be those published on the Website, which will include the V.A.T. at the applicable rate that may apply, and must be paid in full at the time of placing the order.

In accordance with the provisions of Article 68 of Law 37/1992 of 28 December 1992 on Value Added Tax, the delivery of the articles shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question.

In orders destined for territories outside the European Union, deliveries will be exempt from VAT by application of the provisions of Article 21 of Law 37/1992, without prejudice to the application of taxes and duties under the regulations in force in each of these territories, to be paid in cash upon receipt of shipment. In these shipments, the declared value for customs purposes shall be the amount of the invoice in euros.

7.2. Invoicing: The invoice will be sent to you by e-mail once the payment is confirmed. Also together with your order you will find the invoice in paper.

8. Guarantee:

We guarantee that we will deliver products in conformity with the contract, that is, that they conform to the description made and possess the qualities of the product that we have presented to you and we will respond to you with respect to any lack of conformity that exists at the time of delivery of the product.

In the event that any product proves to be defective, we will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, which will be free of charge for you.

9. Returns of defective products:

In the event that the products delivered do not conform to the contract, because they are damaged or defective, you can contact us through the contact form, email or telephone, providing the data of the product/s purchased, and indicating what is the defect detected, the date on which the order was placed and the date of delivery, as well as name, surname and email. We will contact you to tell you how to proceed.

In any case, if the product is found to be defective, we will proceed to refund all the costs (including shipping costs), being the costs of the return assumed by us.

10. Claim Procedure:

In the case of lack of conformity, in case of error, defect or deterioration attributable to us, you can contact us by email or by calling the above telephone number, within 15 days from the time you had knowledge of such incidence, indicating your data, reference number of the purchase and the anomaly or defect detected.

Failure to comply with this deadline does not imply the loss of the right to the corresponding remedy, but you will be responsible for the damages caused by the delay in communication (Art. 123.5 TRLGDCYU).

As a customer, you will have at your disposal complaint forms in which you can state your complaint. You can download the form through the following link: https://sede.madrid.es/UnidadesDescentralizadas/Consumo/HojasReclamaciones/ficheros/A.F.HOJA%20WEB.pdf

11. Right of Withdrawal:

You have fourteen (14) calendar days from the delivery at the address indicated by the customer (under the provisions of Articles 68 and following of Royal Decree 1/2007 - according to the wording given by Law 3/2014-) to inform us that you exercise this right.

The exercise of this right shall be made without penalty and without the need to indicate the reasons, although the customer must bear the direct cost of returning the order to SUCESORES DE ANTONIO UBILLOS S.A.

To formalize the right of withdrawal, you must contact SUCESORES DE ANTONIO UBILLOS S.A., at the address pontejos@pontejos.com, by completing the withdrawal form attached to these Terms and Conditions or by sending a reliable communication instead. Upon receipt of such communication, SUCESORES DE ANTONIO UBILLOS S.A. will indicate how to send the order to its facilities, which must be in the same condition in which it arrived, and, where appropriate, documentation and original accessories that came with it. The cost of the return shall be borne by the customer and must be made within fourteen (14) calendar days from the date on which the customer has informed SUCESORES DE ANTONIO UBILLOS S.A. of its decision to exercise the withdrawal.

The refund of amounts paid will be carried out as soon as possible and, in any case, within fourteen (14) calendar days from the date on which the customer has informed of its decision to withdraw by refunding the credit or debit card used to make the purchase.

To exercise the right of withdrawal, you must notify us at the address of SUCESORES DE ANTONIO UBILLOS S.A, Calle del correo, 2 - 28012 Madrid (Spain), telephone 915 215 594 or email pontejos@pontejos.com of your decision to withdraw from the contract by means of an unequivocal statement (for example, a letter sent by post, fax or email). You may use the model withdrawal form available at the following link.

11.1 Exceptions to the right of withdrawal: In accordance with the provisions of article 103 of the TRLGDCYU, the right of withdrawal shall not apply to contracts relating to:

(a) The provision of services, once the service has been fully executed, when the execution has begun, with prior express consent of the consumer and user and with the recognition on his part that he is aware that, once the contract has been fully executed by the entrepreneur, he will have lost his right of withdrawal.

b) The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the entrepreneur can not control and that may occur during the withdrawal period.

c) The supply of goods made to the specifications of the consumer and user or clearly personalized.

d) The supply of goods that may deteriorate or expire quickly.

e) The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and have been unsealed after delivery.

f) The supply of goods that after delivery and taking into account their nature have been mixed in an inseparable way with other goods.

g) The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the control of the entrepreneur.

h) Contracts in which the consumer and user has specifically requested the trader to visit him for urgent repair or maintenance operations; if, during such a visit, the trader provides services in addition to those specifically requested by the consumer or supplies goods other than spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal should apply to such additional services or goods.

i) The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.

j) The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.

k) Contracts concluded by means of public auctions.

l) The supply of accommodation services for purposes other than housing, transportation of goods, car rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m) The supply of digital content that is not provided on a tangible medium when the performance has begun with the prior express consent of the consumer and user with the knowledge on his part that he consequently loses his right of withdrawal.

12. Dispute Resolution:

From SUCESORES DE ANTONIO UBILLOS S.A. we care about giving the best service to our customers, so we want to show the greatest transparency and inform them about their rights. The European Union informs the customer about their rights as a consumer and offer online help for possible problems with their purchases. You can consult all the information here: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.consumer.rights

If you have problems with an online purchase and you can not solve them with us, you can use this platform to send your complaint to an authorized dispute resolution body: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES

SUCESORES DE ANTONIO UBILLOS S.A shall not be liable for the non-execution of these terms and conditions in the event of force majeure, as defined by the Spanish courts and in the event of the customer's fault or an unforeseeable event by a person outside the contract.

For any dispute arising from the breach of the conditions of purchase and sale, the relationship between SUCESORES DE ANTONIO UBILLOS S.A. and the USER shall be governed by the Spanish legislation in force and any dispute shall be submitted to the Spanish Courts and Tribunals. SUCESORES DE ANTONIO UBILLOS S.A. shall not be liable for any consequences that may result from improper use of the products sold on its website.

We also remind you that you can access the platform for online dispute resolution of the European Union by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

13. Legislation and jurisdiction:

These terms of use and privacy policy shall be governed by Spanish law.

The parties submit, at its option, for the resolution of conflicts and waiving any other jurisdiction, to the courts of the domicile of the consumer.

14. Legal Guarantees:

In case of defective product, the seller will proceed, as appropriate, to repair, replacement or termination of the contract, steps that will not involve cost to the consumer and user.

- The seller is liable for any lack of conformity that becomes apparent within a period of three years from delivery. Although due to the nature of the products offered on our website, in which more than 90% have a life of less than three years, the term will be adjusted according to Article 116 of the TRLGDCU (Conformity of the products with the contract). https://www.boe.es/buscar/act.php?id=BOE-A-2007-20555

- The consumer and user must inform the seller of the lack of conformity within two months of becoming aware of it.