1. General Information
The ownership of this website, www.phonecases3d.com, (hereinafter Website) is held by: FRISK BRISK S.L., provided with NIF: B86218385 and registered in the Commercial Registry of Madrid; whose registration datas are: Volume 28,844, page 176, section 8, page number M519395, first registration, and whose contact information is:
C / FUERTEVENTURA Nº 4. OFFICE 1-3, 28703 SAN SEBASTIAN DE LOS REYES MADRID
Contact telephone number: +34 693 578 878
Contact email: [email protected]
This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (www.phonecases3d.com) and the purchase or acquisition of products and / or services therein (in forward, Conditions).
For the purposes of these Conditions it is understood that the activity that Phonecases3D develops through the Website includes:
Sale of mobile and technological accessories.
Also, it is informed that these Conditions can be modified. Users are responsible for consulting them each time you access, browse and / or use the Website.
For all questions that the User may have in relation to the Conditions, you can contact the owner using the contact information provided above or, if applicable, using the contact form.
2. The user
The access, navigation and use of the Website confer the condition of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), which is why they are accepted, since the navigation of the Website begins, all the Conditions established herein, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of mandatory compliance as the case may be.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
Make use of this Website only to make inquiries and purchases legally valid.
Do not make any false or fraudulent purchase. If it could reasonably be considered that a purchase of this nature has been made, it could be annulled, and the relevant authorities informed.
Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his election, with Phonecases3D the contract for the sale of the desired products and / or services in any of the languages in which these Conditions are available on this Website.
3. Purchase or acquisition process
The duly registered Users can buy on the Website by the established means and forms. You must follow the online purchase and / or purchase procedure of www.phonecases3d.com, during which several products and / or services can be selected and added to the cart, basket or final purchase space, and finally click on "buy".
Likewise, the User must fill in and / or check the information that is requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that Phonecases3D has received the order or request for purchase and / or provision of the service, that is, the order confirmation. And, in your case, you will be informed as well, by email when your purchase is being sent. In your case, this information may also be made available to the User through the personal space of connection to the Website.
Once the purchase procedure has finished, the User consents that the Website generates an electronic invoice that will be sent to the User through the electronic mail, and where appropriate, through his personal space of connection to the Website. Likewise, the User may, if he so desires, obtain a copy of his paper invoice, requesting it to Phonecases3D using the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of particular conditions of sale concerning the product and / or service in question and shown with the presentation or, where appropriate, the image of it on your page of the Website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, details of the products, or characteristics, how they will be carried out and / or cost of benefits; and acknowledges that the execution of the purchase order or acquisition materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Unless expressly indicated otherwise, Phonecases3D is not the manufacturer of the products sold or that could be marketed on the Website. Although Phonecases3D makes great efforts so that the information shown on the Website is correct, sometimes the packaging and / or the materials and / or the components of the products may contain additional or different information from the one that appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions accompanying the product.
All purchase orders received by Phonecases3D 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 Conditions) affects the supply of the same and / or the provision of services. If there are difficulties in the supply of products or no products remain in stock, Phonecases3D undertakes to contact the User and refund any amount that may have been paid. This will also be applicable in cases in which the rendering of a service becomes unrealizable.
5. Prices and payment
The prices displayed on the Website are the final ones, in Euros (€) and include taxes, except that due to legal requirements, especially in relation to VAT, a different issue is indicated and applied.
However, unless otherwise indicated, the prices of the items offered exclude shipping costs, which may be incurred, which will be added to the total amount at the time of handling the shipping procedure by the User, and where it will consult the methods and shipping costs available and freely choose the one that suits the User.
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.
Prices may change at any time, but possible changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The means of payment accepted will be: Credit or debit card, PayPal, Bank transfer, Apple Pay, Google Pay and Cash on delivery.
Phonecases3D uses all means to guarantee the confidentiality and security of the payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards will be subject to checks and authorizations by the bank issuing the same, if said entity does not authorize payment, Phonecases3D will not be responsible for any delay or failure to deliver and may not enter into any contract with the User.
Once Phonecases3D receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made when the User is sent the confirmation of delivery and / or confirmation of the service provided in the form and, where appropriate, place established.
If the means of payment is Paypal, the charge will be made when Phonecases3D sends a confirmation of the purchase order or purchase of products and / or services to the User.
In any case, by clicking "buy" the User confirms that the payment method used is his.
Purchase or purchase orders in which the User selects as a means of payment the bank transfer, this will be reserved for 5 calendar days from the order confirmation in order to leave enough time for the bank transfer to be taken into account by the system of payments used by Phonecases3D for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.
Through this payment method, the User must ensure that he/she correctly enters the exact amount of the purchase order, as well as the account number and the reference of the transfer. In case of error, Phonecases3D can not validate the order, which will be canceled.
For the counter-reimbursement payment, the User must select "Cash on Delivery" among the payment methods on the Website and continue until purchase to pass the purchase order.
From that moment, Phonecases3D reserves the right to contact the User in order to validate the purchase order with him/her. After this, the order will be prepared and made available for the management of your shipment.
The payment will be made at the time of delivery of the order by the delivery man of the carrier. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the delivery person of the carrier, who can not provide change.
For the refund of the amount paid for counter-reimbursement orders, Phonecases3d reserves the right to 14 calendar days after requesting the return through the Website and having returned the package to the carrier. When making the return, the User must indicate their bank details to receive the transfer corresponding to the requested refund of the amount to the returned order. The reimbursement of the amount of the orders paid for the counter-reimbursement will be made only by transfer.
Phonecases3d reserves the right to suspend the payment by reimbursement to those Users who have not fulfilled the necessary requirements in past orders.
Except in those cases in which there are unforeseen or extraordinary circumstances or, as the case may be, arising from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the term indicated on the Website in line with the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If for any reason, which could be attributed, Phonecases3D could not meet the delivery date, Phonecases3D will contact the user to inform him/her of this circumstance and he/she may choose to proceed with the purchase by establishing a new delivery date or cancel the order with the total refund of the price paid. In any case, home deliveries are made on weekdays.
If it is impossible to deliver the order due to the absence of the User, the order could be returned to the storage unit of Phonecases3D. However, the carrier would leave a notice explaining where the order is and how to make it delivered again.
If the User is not going to be at the place of delivery in the agreed time slot, he must contact Phonecases3D to arrange delivery another day.
In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to Phonecases3D, Phonecases3D will understand that the User wishes to withdraw from the contract and this will be considered resolved. As a result of the termination of the contract, all payments received from the User will be returned, with the exception of the additional costs resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to him/her.
For the purposes of these Conditions, it will be understood that the delivery has taken place or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires the material possession of the products, which will be accredited through the signature of the reception of the order at the agreed delivery address.
The risks that the products could derive will be borne by the User from the moment of delivery. The User acquires the ownership of the products when Phonecases3D receives the full payment of all amounts owed in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by Phonecases3D.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision shall be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except Canarias, Ceuta and Melilla. The applicable VAT rate will be the legally valid one at all times depending on the specific article in question.
7. Technical means to correct errors
The User is informed that if he/she detects that an error has occurred when entering necessary data to process his/her purchase request on the Website, he/she may modify them by contacting Phonecases3D through the contact spaces enabled on the Website, and, where appropriate, through those authorized to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his/her personal space of connection to the Website.
In any case, the User, before clicking on "buy", has access to the space, cart, or basket where they are writing down their purchase requests and can make changes.
In cases where the User purchases products on or through the owner's Website, they are assisted by 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, has the right to desist from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the goods acquired on the Phonecases3D Website or in the case that the goods that make up its order is delivered separately, 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order, or in the case of being treated of a service contract, 14 calendar days from the day of conclusion of the contract.
To exercise this right of withdrawal, the User must notify his decision to Phonecases3D. You may do so, where appropriate, through the contact spaces enabled on the Website or through:
C / FUERTEVENTURA, Nº 4, OFFICE 1-3, 28703 SAN SEBASTIAN DE LOS REYES, MADRID.
The User, regardless of the means he chooses to communicate his/her decision, must express clearly and unequivocally that it is his/her intention to desist from the purchase contract. In any case, the User may use the withdrawal form model that Phonecases3D makes available as part of these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to desist is sent before the corresponding deadline expires.
In case of withdrawal, Phonecases3D will reimburse the User for all payments received, including shipping costs (with the exception of the additional expenses chosen by the User for a different mode of delivery to the less expensive mode offered on the Website) without any undue delay and, in any case, no later than 14 calendar days from the date on which Phonecases3D is informed of the decision to desist by the User.
Phonecases3D will reimburse the User using the same payment method that he used to make the initial purchase transaction. This refund will not generate any additional cost to the User. However, Phonecases3D may withhold said reimbursement until the products or items of the purchase have been received, or until the User submits a proof of the return of the same, depending on which condition is met first.
The User may return or send the products to Phonecases3D at:
PHONECASES3D. KIERO SPAIN. HEMINGWAY STREET 39 29004 MALAGA. TEL: 634558505
And you must do so without undue delay and, in any case, no later than within a period of 14 calendar days from the date on which Phonecases3D was informed of the decision to withdraw.
The User acknowledges that he/she must assume the direct cost of return (transportation, delivery) of the goods, if any were incurred. In addition, he/she will be responsible for the decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. Enunciatively, and not exhaustively, this would be the case of: personalized products; products that can deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed at the factory; products that for health or hygiene reasons are sealed and have been unsealed after delivery.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not attend Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on his part that he is aware that, once the contract has been completely executed by Phonecases3D, he will have lost his right of withdrawal.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, of products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.
Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.
In the following link you can download the Model of Withdrawal Form
Return of defective products or error in shipping
In all those cases in which the User considers that, at the time of delivery, the product does not conform to the stipulations of the contract or purchase order, and that, therefore, he/she should contact Phonecases3D immediately and explain the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed on 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 refund or, if applicable, the replacement thereof.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is applicable.
The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including the delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.
In any case, the rights recognized in the legislation in force at all times will always be for the User, as consumer and user.
The User, as consumer and user, has guarantees about the products that can be acquired through this Website, under the terms legally established for each type of product, answering Phonecases3D, therefore, for the lack of conformity of the same that is manifested in a term of two years from the delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided; They: Conform to the description made by Phonecases3D and possess the qualities presented in it; are suitable for the uses to which products of the same type are ordinarily destined and present the usual quality and benefits of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, this must proceed as indicated in the section Return of defective products or error in the shipment. However, some of the products that are marketed on the Website, may present nonhomogeneous characteristics as long as they derive from the type of material with which they were manufactured, and that therefore will be part of the individual appearance of the product, and they will not be a defect.
On the other hand, it could happen that the User acquires a product of a brand or manufacturing by a third party on the Website. In this case, and if this is a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information in relation to the guarantee of the products.
Unless otherwise provided by law, Phonecases3D will not accept any liability for the following losses, regardless of their origin:
Any losses that were not attributable to any breach on your part;
business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or of any other indirect loss that was not reasonably foreseeable by both parties at the moment in which the contract for the sale of the products between both parties was formalized. Likewise, Phonecases3D also limits its responsibility in the following cases:
Phonecases3D applies all measures concerning to provide a faithful display of the product on the Website, however, Phonecases3D is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser used or other of this nature.
Phonecases3D will act with the utmost diligence to make available to the company in charge of transporting the product object of the purchase order. However, Phonecases3D is not responsible for damages arising from a malfunction of transport, especially for reasons such as strikes, road retentions, and in general any other specific to the sector, which result in delays, losses or theft of the product.
Technical failures that due to fortuitous causes or of other nature, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. Phonecases3D puts all the means at its disposal in order to carry out the process of purchase, payment and delivery / delivery of the products, however Phonecases3D is exempted from liability for causes that are not attributable to it, fortuitous event or force majeure.
Phonecases3D will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Phonecases3D will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.
In general, Phonecases3D will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are out of their reasonable control, that is to say, that they are due to force majeure, and This may include, but not limited to:
Strikes, lockouts or other industrial action.
Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations, fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster, impossibility of the use of trains, boats, airplanes, transport of motor or other means of transport, public or private.
Inability to use public or private telecommunication systems, acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Phonecases3D will have an extension in the term to fulfill them for a period of time equal to the duration of the force majeure event. Phonecases3D will use all reasonable means to find a solution that allows it to fulfill its obligations despite the cause of force majeure.
10. Written communications and notifications
By using this Website, the User accepts that most of the communications with Phonecases3D are electronic (email or notices published on the Website).
For contractual purposes, the User consents to use this electronic means of communication and recognizes that all contracts, notifications, information and other communications that Phonecases3D sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with Phonecases3D through the contact data provided in these Conditions and, where appropriate, through the contact spaces of the Website.
Likewise, unless otherwise stipulated, Phonecases3D can contact and / or notify the User in his or her e-mail address or in the postal address provided.
No resignation of Phonecases3D to a specific right or legal action or lack of requirement by Phonecases3D of the strict compliance by the User of any of its obligations will imply, nor a waiver of other rights or actions derived from a contract or the Conditions, nor will it exempt to the User of the fulfillment of his obligations.
No resignation of Phonecases3D to any of the present Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.
If any of these Conditions were declared null and void by a final decision issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity.
13. Complete agreement
These Conditions and any document expressly referred to in these constitute the entire agreement between the User and Phonecases3D in relation to the object of sale and supersede any other agreement, agreement or prior promise agreed verbally or in writing by the same parts.
The User and Phonecases3D acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except that which is expressly mentioned in these Conditions.
14. Data protection
The information or personal data that the User provides to Phonecases3D in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where appropriate, in the Legal Notice and General Conditions of Use). By accessing, browsing and / or using the Website the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. Applicable legislation and jurisdiction
The access, navigation and / or use of this Website and the contracts to purchase products through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Phonecases3D and the User, will be submitted to the non-exclusive jurisdiction of Spanish courts and tribunals.
The User can send their complaints or any other comment they wish to make to Phonecases3D through the contact information provided at the beginning of these Conditions (General Information).
In addition, Phonecases3D has official complaint forms available to consumers and users, and they can request Phonecases3D at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between Phonecases3D and the User emanates a dispute, the User as a consumer may request an out-of-court settlement of disputes, in accordance with Regulation (EU) 524/2013 of the European Parliament and the Council, of May 21, 2013, on resolution of online litigation in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22 / EC. You can access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last modified: May 25, 2018