SCOPE AND GENERAL CONDITIONS
The descriptions of the products displayed on the Website are made on the basis ofinformation provided by suppliers of Climbskin, SL. Nevertheless, the information given about each product, as well as photographs or videos relating to them, as well as trade names, marks or logos of any kind on the website of The COMPANY, are exposed in www.climbskin.com only as a guide.
All prices listed throughout the website include VAT and other taxes that may apply. However, these prices do not include the cost of sending the products, which are listed separately and must be accepted by the Customer.
The COMPANY reports to the Customer that the number of units available is kept updated with the warehouse stock and availability from our suppliers. In no event The COMPANY will sell intentionally more units than the holding or the supplier has reserved for it. The COMPANY will make every effort to please all its Customers' demand for products. However, sometimes, due to causes not easily controlled by The COMPANY, as human errors or incidents in computer systems, it is possible that the amount ultimately served by the provider differs from the offer made by The COMPANY to meet the requests of Customers. In the case that the product is not available after the order, the Customer will be informed by email of the total or partial cancellation of the order. The partial cancellation of the order due to unavailability does not entitle the cancellation of the entire order. If as a result of this cancellation, the Customer wants to return the delivered product should follow the provisions of the paragraph named Returns.
The Customer agrees to pay at the time the order is placed. The initial price appearing on the Website for each of the offered products will be added the corresponding rates applicable due to the delivery costs. In any case, these rates shall be reported to the Customer prior to completing the purchase. The ticket or proof of purchase will be available and will be shown in www.climbskin.com in the section "My Account"/"Orders". The Customer shall pay the amount corresponding to his order upon payment via Paypal, bank transfer or deposit in a account at Santander Bank. Card payments are done through Paypal with security protocols. The Customer shall notify The COMPANY of any improper or fraudulent charges on the credit card used for purchases by email, in the shortest time possible for The COMPANY to make the necessary arrangements. The coupon enabled for Sustainable Climbing at Center Zone may only be used by members of this association by sending a coupon valid for 2013 by mail and with a maximum of 2 orders per member. The COMPANY reserves the right to terminate the voucher any time.
THE COMPANY informs the cardholder is liable for transactions on the website.
The site uses security techniques generally accepted in the information industry, such as firewalls, access control procedures and cryptographic mechanisms, all with the aim of preventing unauthorized access to data. To achieve these ends, the user / customer agrees that the provider to obtain data for purposes of authentication for access control.
All recruitment process or involves the introduction of personal data are always transmitted via secure communication protocol (https: //) in such a way that no third party has access to information transmitted electronically.
EXECUTION OF ORDERS
CANCELLATION OF ORDERS
The COMPANY accepts cancellations of orders upon request, but only before the product has been sent. The request for cancellation must be done by sending an e-mail to email@example.com.
DEADLINES, PLACE OF DELIVERY, AND LOSTS
I. Product Delivery The COMPANY is committed to deliver the product in perfect condition to the address the Customer stated in the order form, and in any case must be within the Territory. In order to optimize the delivery, it is appreciated that the Customer provides an address in which the order can be delivered during normal business hours. The COMPANY shall not be liable for errors caused in the delivery when the delivery address entered by the customer in the order form does not conform to reality or has been omitted. The COMPANY will inform its customers if the same order is divided into installments.
II. Delivery Time Shipments are made via post or courier. The order placed will be delivered within a maximum of 10 working days from the day in which the order confirmation occurs. The usual delivery time of The COMPANY is between 2 and 4 days after completion of the order. These times are average and therefore an estimate. Therefore, it may vary for logistical reasons or force majeure. In case of delays in deliveries, The COMPANY will inform the Customer so he can be aware of them. Each delivery is considered completed from the moment in which the carrier makes the product available to the Customer, which is registered in the control system used by the transport company. In the case of late delivery of orders attributable to The COMPANY, the Customer may cancel the order in accordance with the procedure described in the section "RETURNS". It will not be considered a late delivery those cases in which the order has been made available to the Customer by the carrier within the agreed time, or was unable to be delivered by causes attributable to the Customer. When returning the order, after notice, in case of absence or if the Customer does not go to the post office to pick it up within the stipulated period, the Customer must pay the costs of this second shipping. Within Spain (Peninsula and Balearic islands), the shipping cost will be € 3.45 (VAT inc.) per order. To the Canary Islands, Ceuta and Melilla, we have to add the manipulation cost. (Free shipping is only possible with a due coupon or for orders over €56 to Spain).) Once the order leaves our warehouse, the Customer will receive an e-mail notifying that his order has been accepted and has been sent. For security reasons, The COMPANY will not send any request to military bases, nor accept any order if it is not possible to identify the recipient of the order and the address.
III. Data Delivery, Undelivered and Lost Orders
If at the time of delivery the Customer is absent, the postman or the carrier will leave a receipt indicating how to arrange a new delivery. The COMPANY hires as part of the courier delivery service, a series of follow-up aimed at ensuring that the delivery occurs. If after 7 working days after the product has been sent there is not a delivery, the Customer must contact The COMPANY. If the Customer does not do so, after 10 days from departure to delivery, the order will be returned to its warehouse and the Customer shall afford the shipping costs and return to origin of the goods, as well as any costs associated. If the reason for the undelivered product is that the packet was lost, the carrier of The COMPANY will initiate an investigation. In these cases, the response times of the carriers are generally between 1 and 3 weeks.
IV. Diligence in the Delivery
The Customer must check the condition of the package received and that it is the requested product, indicating in the delivery note any abnormalities that could be detected in the packaging. If after reviewing the product, the Customer notices any incident like bumps, broken seals, signs of having been opened or any damage caused during the shipment, the Customer agrees to inform The COMPANY via email in the shortest, preferably within 24 hours and a maximum of 7 days from delivery.
I. Return Procedure
All products purchased from The COMPANY may be returned and refunded, provided that the Customer notifies The COMPANY of this intention within a maximum period of 7 days from the date of delivery and the rest of the conditions of this section are fulfilled. The COMPANY will only accept returns that meet the following criteria:
1. The product must be in the same condition in which it was delivered and must retain the original packaging and labeling.
2. It should be shipped using the same box in which it was received to protect the product. In the event that it cannot be done in the box it was delivered, the Customer must return it in a protective case so that the product reaches the warehouse of The COMPANY in optimum conditions.
3. A copy of the delivery note inside the package must be also returned with the products, and the reason for return should be clearly indicated. To ease the return process and be able to correctly do it, The COMPANY establishes this refund procedure as the only one. If the reason for return is attributable to The COMPANY (the product is defective, is not the one ordered, etc.), the total amount of the purchase will be refunded. If the reason is another (products are served correctly but are not to the Customer liking), the cost of the return postage will be paid by the customer. To proceed with a return, the Customer should follow these steps:
1. Report within 7 days of receipt that you want to return the product. This should be made via email to firstname.lastname@example.org.
2. The COMPANY will inform the Customer of the address to which to send the product.
3. The Customer must send the product using a courier company of his choice. The return must be paid by the Customer.
4. The Customer must report to The COMPANY of the courier company used, date and time of the return.
The return of the products will result in a refund equal to the cost of the returned products minus the cost of return service. Only in the event that the product delivered is defective or incorrect, The COMPANY will also reimburse the shipping charges associated. Partial returns and cancellations will result in partial refunds. The COMPANY will refund the order under the same system that was used for payment, within 3 days from the confirmation of arrival at the warehouse of the returned order. The application of the return on the Customer account or credit card depends on the card and the issuer. The application period will be up to 7 days for debit cards and up to 30 days for credit cards.
WARRANTY OF THE PURCHASED PRODUCTS
The COMPANY ensures that all the products presented for sale at www.climbskin.com work properly and have no defects or hidden flaws that could make them dangerous or unsuitable for normal use. Any claim must be made by the Customer within 7 days after delivery of the products. The warranty does not cover damages from improper use of the products.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The COMPANY owns all rights of the content, design and source code of the Website, in particular, by way of example but not limited, photographs, images, texts, logos, designs, trademarks, trade names and data included. Customers and Users are warned that such rights are protected by Spanish and international laws on intellectual and industrial property. Furthermore, without denying the above said, the content of this website is also considered as a computer program, and therefore it is also applicable the Spanish and European Community legislation in force on the subject. Total or partial reproduction of this website or any of its contents is expressly prohibited without written permission of The COMPANY. The copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that involves a breach of the Spanish legislation and/or infringement of the intellectual and/or industrial property is also strictly prohibited. The use of the Website contents is not permitted without prior written consent by The COMPANY. The COMPANY reports that no license or authorization whatsoever is given on the rights of intellectual and/or industrial or any other right relating directly or indirectly to the contents in its Website. The use of the contents of the Website for information and services is the only authorized case, but full acknowledgment of the source must be made. The user is the solely responsible for the misuse of the information.
ACCESS AND STAY ON THE WEB. CONTENTS
Customers and Users are fully responsible for their behavior when browsing the Website. As a result of the above said, Customers and Users are solely responsible to The COMPANY and third parties of the following:
1. The consequences that may result from the illicit use or effects contrary herein of any content in the Website, prepared or not by The COMPANY, published under its name or not officially.
2. The consequences that may result from use contrary to the contents of this document and adversely affecting the interests or rights of others, or in any way acts that damage, disable or impair the website or its services or impede normal enjoyment by other Users. The COMPANY reserves the right to update the content of its Website when appropriate, and to eliminate, limit or prevent access to it, temporarily or permanently, to those Customers and Users who make a bad use of the content and/or breach any of the conditions listed herein. The COMPANY states that it does not warrant that:
1. Access to the Website and/or Web links will be uninterrupted or error-free.
2. The content or software that Customers and Users access through the Web or the Web links does not contain any errors, computer viruses or other elements that may cause alterations in the system or electronic documents and files stored in the computer system of the Customers and Users, or cause any other damage.
3. The use of the information or contents of this Website (or websites which are linked) when Customers and Users use it for their own purposes. The information contained in this Website should be considered by Customers and Users as informational and only for guidance, both in relation to its purpose and its effects. And this is why: The COMPANY does not warrant the accuracy of the information contained on its Website and does not assume any responsibility for any damages or inconvenience to the Users that may result from any inaccuracy present in the Website.
The COMPANY does not assume any responsibility, to name a few, from the following cases:
1. From the use that Customers or Users may make of any material on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial rights based on the contents of the Webside or belonging to third parties.
2. From the possible damages that Customers or Users may suffer caused by normal or abnormal operation of the search tools, organization or location of the contents and/or access to the Website and, in general, by the errors or problems arising in the development or implementation of the technical elements that the Website provides to the Users.
3. From the contents of those pages that the Customer or Users can access from links in the Web, whether authorized or not.
4. From the acts or omissions of third parties, regardless of whether these third parties may be attached to The COMPANY through contractual means.
5. From the access of those aged under 16 to the contents included on the Website. It is the responsibility of parents or guardians to exercise proper control over the activity of their children, or to install any of the tools used to control Internet in order to avoid (i) access to materials or contents unsuitable for minors, and (ii) the submission of personal information without the prior permission of their parents or guardians.
6. From communications and dialogues in the course of debates, forums, chats and virtual communities organized through or around the Website and/or its link. The COMPANY is not liable, therefore, for any damage and prejudice suffered by the Customer or particular Users and/or groups as a result of such communications and/or dialogues. The COMPANY shall not be liable in any case when occur:
1. Errors or delays in access to the Website by the Customer at the time of entering your information in the order form, slowness or inability to receive the order confirmation or any anomalies that may arise when these incidents are due to problems in the Internet, fortuitous events or force majeure and any other unforeseeable contingency to The COMPANY.
2. Failures or incidents that may occur in communications, deletion or incomplete transmissions so that there is no guarantee that the Website services are constantly operational.
3. Errors or damage of the Website due to deficient use and/or bad intentions by the Customer.
4. The inoperability or problems with the email address provided by the Customer to send the order confirmation.
5. In any case, The COMPANY is committed to solving the problems that may arise and provide all necessary support to the Customer to reach a quick and satisfactory resolution of the issue.
6. In addition, The COMPANY has the right to do, during defined periods, promotional campaigns to promote the registration of new members to its service. The COMPANY has the right to modify the conditions of application of its promotions, to extend them when properly communicated, to proceed to the exclusion of any participant of the promotion in the case of any abnormality, abuse or unethical behavior by the Users or Customers.
APPLICABLE LAW AND ARBITRATION