Terms and general conditions of use
GENERAL CONDITIONS OF USE OF THIS WEBSITE
Troopertoys Distribuciones, S.L.U. informs you that both access to and use of the website with www.troopertoys.com domain and all URLs, and subdomains included under it, as well as the contents that can be obtained through this website, are subject to these terms and conditions of use, without prejudice to the fact that access to any of said services or contents may require the acceptance of other conditions. general, particular or additional.
Due to this, if you do not agree with the content of these terms and conditions, we urge you not to use this website, since the use of it, its contents or its services, will imply in any case the acceptance of the legal terms indicated herein.
Troopertoys Distribuciones, S.L.U. reserves, without prior notice and at any time, the right to suspend, deny or temporarily or permanently restrict access to this website and / or its contents, as well as to carry out and make the modifications it deems appropriate or necessary, without all this implying a right of compensation for the user.
USER RESPONSIBILITY FOR THE USE OF THIS WEBSITE
The user will be solely responsible for the correct use of this website, committing to make use of it in accordance with the terms and conditions indicated in this Legal Notice.
The user undertakes to use the website, as well as the contents and services offered or provided by it, in accordance with the Law, morality, good customs and public order.
Likewise, the user undertakes not to use the website or the services provided through it, for illicit purposes or contrary to the content of these general terms and conditions.
In particular, the user may not carry out in any case, the following activities:
• Use this website to promote, sell, or contract, information or benefits of their own or of third parties, without consent or prior authorization.
• Disseminate content of a racist, xenophobic, pornographic nature, or that promotes the commission of infractions or criminal acts, that directly or indirectly incites the apology of terrorism, or that is contrary to fundamental rights and freedoms.
• Cause damage to the computer systems owned by Troopertoys Distribuciones, S.L.U. or introduce or disseminate computer viruses, harmful software or other types of systems that may cause damage to computer systems, as well as unauthorized alterations of the contents available on this website.
• Perform or carry out acts that are contrary to the Intellectual and/or Industrial Property rights of their legitimate owners.
• Include, without authorization from Troopertoys Distribuciones, S.L.U., trademarks, logos, trade names or any other distinctive signs that are owned by Troopertoys Distribuciones, S.L.U., on pages or websites under the responsibility of the user or third parties who are not authorized to do so.
The user will respond to Troopertoys Distribuciones, S.L.U., or to third parties, of which he wants damages of any kind or nature, which may be caused as a result of the direct or indirect breach of these general terms and conditions.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
Through these general terms and conditions, no intellectual or industrial property rights are assigned to this website, nor to any of its component elements or content, being expressly prohibited the reproduction, transformation, distribution, public communication, making available, extraction, or total or partial reuse, of any nature, by any means or procedure, of any of them, except in cases where it is legally permitted or authorized by the owner of the corresponding rights.
No notwithstanding the foregoing, the user may view and obtain a temporary private copy of the contents of this website for their exclusive personal and private use in their computer systems (software and hardware), provided that it is not for the purpose of developing activities of a commercial and / or professional nature.
They, the user must refrain from obtaining the contents of said website by means or procedures other than those that in each case have been indicated for this purpose, or those that are normally used on the Internet (as long as the latter do not suppose or imply a risk of damage or disablement). of this website).
LINKS, HYPERLINKS OR LINKS
Troopertoys Distribuciones, S.L.U. is not responsible for websites that are not its own or that do not result from its ownership, which can be accessed through "links", or any content made available to users by third parties.
Any use of a link or access to a non-own website is made at the sole risk of the user and Troopertoys Distribuciones, S.L.U. does not guarantee in any case the security and legality of the information obtained through a link outside Troopertoys Distribuciones, S.L.U., nor is it responsible for any loss, claim or damage derived from the use or incorrect use of a link, or the information obtained through it, as well as the interruption in the service when accessing the information of other webs.
GUARANTEES AND DISCLAIMER
Troopertoys Distribuciones, S.L.U. declares that it has adopted all the necessary measures, within its possibilities and the state of technology, to guarantee the correct and proper functioning of this website, and to avoid transmission of computer viruses and other harmful components to users.
Not notwithstanding the foregoing, Troopertoys Distribuciones, S.L.U. does not assume in any case any responsibility in the event of an erroneous operation of the services offered on the Internet or the malfunction or falls of the network, which could affect access and navigation through this website, regardless of the cause that motivates such failures.
If the user were aware at any time of the existence of any content that is illicit, illegal, contrary to the laws, morality or good customs, or that could imply an infringement of intellectual and/or industrial property rights, must immediately notify Troopertoys Distribuciones, S.L.U. so that it can proceed to adopt the appropriate neutralization and security measures.
Assimism, Troopertoys Distribuciones, S.L.U. will not be responsible for the fraudulent or culpable actions of the user, or that have their origin in causes of force majeure and any others that escape the control of Troopertoys Distribuciones, S.L.U., nor of attacks of the so-called "hackers" provided that Troopertoys Distribuciones, S.L.U. has adopted all the existing security measures according to its technical possibilities.
APPLICING LAW AND JURISDICTION
In case of dispute or conflict of interpretation, the terms and conditions of use that make up this Legal Notice, as well as any matter related to the services offered through this website will be governed by Spanish Law.
For the resolution of disputes that may arise in relation to the use of this website, the parties agree to submit the resolution of conflicts to the commercial courts and tribunals that correspond territorially in accordance with the domicile of Troopertoys Distribuciones, S.L.U. indicated in this Legal Notice.
General conditions of purchase
1 -> PURCHASE PROCEDURE
To carry out and place the order of the desired product, you must select it by adding it to your shopping cart or cart. Next, you must request the confirmation of the order, and must provide the personal data requested in the corresponding order form, as well as a delivery address, to which you can send the purchased product. Likewise, you must select the method of payment of the agreed price that you wish to use for the purchase, in accordance with the provisions of the third clause of these Conditions of Purchase.
With prior to the confirmation of the order, you must proceed to accept these Conditions of Purchase online. Once this acceptance has occurred and after having verified that all the data contained in the order are correct, you can confirm your order through the web platform. As soon as the confirmation of your order has occurred, and once we have received it, we will send you an email to the e-mail that you have previously provided us, communicating the effective receipt and acceptance of your purchase order for the product. It will be an indispensable condition for the shipment of the requested product, that there has been the acceptance of the same by us.
2 -> PRICE OF THE PRODUCTS
The total price of the services offered on this website, and unless otherwise specified, said price will be expressed in euros and will include the applicable VAT in accordance with the tax regulations that should be applied, as well as -in case they are applicable- the possible shipping costs generated for the delivery of the product at destination.
Did total price may be displayed by you at the time of confirmation of the order placed, in order that you can verify that both the purchase data and the price of the product are correct.
We reserve the right to modify the prices of the products offered through this website, keeping you informed about such modifications, which you can clearly visualize at the time of selection of the desired product.
3 -> PAYMENT METHODS
Once the order of the product has been confirmed, you can proceed to the payment of the same, through any of the modalities indicated below:
• Payment by credit card or debit.
• Payment through bank transfer.
• Payment through PayPal.
• Payment through Bizum.
You can cancel at any time moment a reservation, but in no case will the price of the reservations be refunded, the reservation is a formal contract in which the conditions of sale are accepted and in case of non-compliance of the client the refund of the amount delivered is canceled.
Any event not described above will be subject to the final decision of the management of our company, to the good faith and good judgment of the same.
The payment of the price of the products will be made in euros (€). Our platform guarantees and ensures a secure payment procedure on the Internet.
Complementarily, you are informed that we reserve ownership of the products sold until payment of the full price has been received, by virtue of the product you have requested.
4 -> SHIPPING AND DELIVERY TIMES
Once your order has been confirmed and accepted, as well as paid in full the price of the product, the product selected by you will be sent to you through the transport company, within a maximum period of 24-48 hours following the placing of the order, and taking into account that the orders that are made on the weekend will be processed the following Monday, unless it is a holiday or holiday period.
The transport company will ship products throughout the Peninsula, making the delivery under the responsibility of the carrier.
The cost for the shipping costs of the products will be applied according to the following data:
• Peninsula: 4.00 € with delivery of 1 to 2 working days by Correos Express or 4.50 € with delivery of 1 to 2 working days by MRW.
• Balearic Islands: 8.50 € for orders up to 150 € and 15.00 € for orders over 150 € with delivery of 2 to 3 working days.
• Canary Islands, Ceuta and Melilla: 10.00 € with delivery of 3 to 7 working days and may be delayed due to the customs process.
• Portugal: 6.00 € with delivery of 2 to 3 business days.
• International: They will vary depending on the price of the order and the country of destination.
For orders with delivery in the peninsula worth more than € 300 will have free shipping.
(International customers, from the Canary Islands, Ceuta and Melilla are responsible for customs duties, taxes or charges payable that may arise, this is not part of the shipping fee paid when you place your order. Check with your local postal services for full details on these potential expenses.)
The product will be delivered to the address you have provided when placing your purchase order. In case you wish to modify this address, you must contact the transport company, stating any change of address, in order to effectively and satisfactorily deliver the product to destination.
5 -> PRE-SALES AND RELEASE DATES
The items in "Pre-sale" or ("Pre-order") have a delivery date greater than 1-3 working days and may take several months if they are future releases.
It is not possible to place orders containing mixed stock items and pre-sales or combine them for shipping.
It is not allowed to order pre-sale items with release dates that are more than 3 months away.
Orders for reserved items with deposit are managed in bulk. They are paid for and shipped when all items are available and cannot be separated. If you want more flexibility to make partial shipments, please place several orders.
Troopertoys is not responsible for cancellations or delays of pre-sale items, as they depend on the manufacturers and distributors.
To formalize the reservation of pre-sale items it will be necessary to pay a minimum of 50% or the total amount, according to the article. The amount in reservation deposit will be indicated in the section of article.
If you have chosen to pay the reservation by bank transfer, the deposit must be received within 5 calendar days or the order may be canceled.
The amount paid as a reservation or deposit is part of the total payment, so before shipment you will have to pay only the rest.
Once the customer has been informed by email that the orders (or combination of orders) are available, they must be paid and sent within 30 calendar days. We reserve the right to cancel available orders that are not paid and shipped before that deadline due to unavailability or refusal of the customer. The availability or price of orders cancelled for exceeding the shipping time will not be guaranteed.
When an item is purchased in pre-sale, we request it from the distributor and sometimes it is exclusively for the customer. An item ordered exclusively for the customer, which we have no intention of storing, may not be cancelled or returned unless it has obvious factory defects or is mistakenly shipped by us.
Paid orders will be shipped at the time all the items it includes are available in our warehouse. If an order has pre-sale items with different release dates, shipping will be delayed until all are available. If the customer wants to make 2 shipments for the same order, he will have to pay the amount of an additional shipment.
Once they have been received at our facilities, the pre-sale items paid will be sent within a maximum period of 7 calendar days.
When a customer cancels a pre-sale unilaterally we reserve the right to cancel their future purchases of items in pre-sale. The amount paid as a deposit for the reservation of the pre-sales will not be refunded.
When a customer places an order containing an item marked "Pre-sale" he accepts the conditions expressed above.
• We are not responsible for delays or cancellations of item releases, either by manufacturers or distributors.
• The release dates indicated on the website are estimates subject to change by distributors and manufacturers, that is, they are not exact and there may be delays or advances. The estimated availability dates are updated on our website once the initially given period has expired or if the distributor updates them. If you have any questions about the availability of your reservation, please check the article page for more information.
• At TrooperToys we do not work or have direct contact with the manufacturers, but it is the European distributors who exercise that function and provide us with the products. This means that we do not have additional information about the future release of articles or the date of distribution, beyond what we show on the web. Ontime the distributor notifies us that the item is available we inform the customer within 48 hours.
• The release dates indicated in the advertising images provided by the manufacturers usually refer to their departure in Japan or the USA, arriving in Europe later. This means that, although photos of the articles are seen on social networks does not necessarily mean that they have been distributed in Europe since they can take months to reach us.
6 -> LEGAL GUARANTEE OF THE PRODUCT
Through these conditions of purchase, we inform you that you, as a consumer or user, have the right to enjoy a legal guarantee in relation to the products purchased on this website. The legal guarantee indicated in this clause, represents the minimum valued and required by Law.
This legal guarantee will cover the lack of conformity (manufacturing defect) of the product with the conditions of the same specified at the time of placing the order. This lack of conformity must be noticed by you at the time of delivery of the product, since, if you wish to allege once the delivery has been made, you will only have a period of six months to make such an allegation, and you must also prove that the lack of conformity already existed at the time of the actual delivery of the product. You must manifest the lack of conformity at the time of delivery, once the product has been reviewed; in case you allege lack of conformity within a later period of six months, you must notify us in writing, either by postal mail to the address C. GANDHI 35 5.A, 28017 MADRID, or by sending an e-mail stating your basic personal data (name, surname, address) and order number, to the email to [email protected]
The products to be returned will be collected by the designated transport or courier company for our part, on the date and time indicated for this purpose, once you have received your notification or communication by post or electronic means -we assume the cost of said return-, or at the time of delivery of the product if you had appreciated at that time the lack of conformity, and we will proceed to the refund of the amount paid by you through the route initially used for payment, unless you have expressly provided otherwise.
By virtue of the provisions of this clause, we recommend that you review and inspect the product at the time of delivery of the same, in order to verify and be able to warn at that time the presence of any type of manufacturing defect that represents a lack of conformity according to the conditions and particularities of the product specified in the product offer, and that you have accepted when confirming your order.
The provisions of this clause, will not be applicable for those cases in which you proceed to the return of the product, based on causes that are not due to a defect due to lack of conformity of the product, in which the provisions of the seventh clause of these conditions will be applicable.
7 -> LIMITATION OF LIABILITY
We inform you that we do not assume any responsibility towards you, derived from the use that you may make or make of the products purchased through this website, and in particular, in relation to the cases indicated below:
• Losses of business or commercial benefits of any kind that may have been caused.
• Losses in relation to the supply of the product or arising from the use made of it by you.
• Losses that do not arise or have not been caused by a breach attributable or attributable to our part.
8 -> Right of withdrawal for consumers and users
You have the right to withdraw from this contract within 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 material possession of the goods.
To exercise the right of withdrawal, you must notify Troopertoys Distribuciones S.L., Calle Gandhi 35, 5ºA, 28017 Madrid, Spain, 722839191 - 910547197, [email protected] your decision to withdraw from the contract through an unequivocal statement (for example, a letter sent by post, fax or email). You can use the model withdrawal form below, although its use is not mandatory.
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 ordinary delivery method we offer) without any 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 such 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 refund.
We may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is met first.
You must return or deliver the goods directly to us or to Troopertoys Distribuciones S.L., Calle Gandhi 35, 5ºA, 28017 Madrid, Spain, 722839191 - 910547197, without any undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw from the contract. The deadline will be considered fulfilled if you return the goods before the end of that period.
You must bear the direct cost of returning the goods.
You will only be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and functioning of the goods.
In turn, you will also be responsible for the decrease in value of the goods resulting from their lack of the original packaging, their use and wear and damage due to damage.
Withdrawal form model
(you only have to complete and send this form if you wish to withdraw from the contract)
– To the attention of Troopertoys Distribuciones S.L., Calle Gandhi 35, 5ºA, 28017 Madrid, Spain, 722839191 - 910547197, [email protected]
– I hereby inform you /we communicate (*) that I desist from my/we desist from our (*) contract of sale of the following good
– Ordered on/received on (*)
– Name of the consumer and user or of consumers and users
– Address of the consumer and user or of consumers and users
– Signature of the consumer and user or of consumers and users (only if this form is submitted on paper)
(*) Delete what is not appropriate.
9 -> ALTERNATIVE METHODS OF CONFLICT RESOLUTION
The European Commission provides an online dispute resolution platform, the Platform for Online Dispute Resolution, in consumer matters, in accordance with Article 14.1 of Regulation (EU) 524/2013, which is available at the following link: http://ec.europa.eu/consumers/odr/.
10 -> DISCLAIMER
The absence or lack on our part, of specific demand or requirement with respect to you, in the fulfillment of the obligations indicated in these Conditions of Purchase, will not imply at any time a waiver of them, nor will the lack of direct exercise of the actions that we may have in our favor by virtue of them.
11 -> PARTIAL NULLITY
If any of these Conditions of Purchase were declared null and void by a final resolution issued by the competent authority, the other conditions will remain in force, without being affected by the aforementioned declaration of partial nullity.
12 -> MODIFICATIONS
We reserve the right to modify these Conditions of Purchase, keeping you informed about the changes made in them, which are significant. However, the modification of these Conditions will not be retroactive in any case.
13 -> APPLICABLE LAW AND JURISDICTION
The present Conditions of Purchase, are governed in relation to their interpretation and execution by Spanish legislation, and in particular, the legislation on consumers and users.
For the resolution of any type of conflict or controversy that may arise around them, the courts and tribunals of the city of Madrid will be competent, agreeing to submit such disputes to your jurisdiction and waiving any other specific jurisdiction that may be applicable.