OBJECT AND GENERALITIES
These General Terms of Use, Terms of Sale, and Privacy Policy govern the use of the website https://store.rototom.com (hereinafter “the Website”), which is owned by Rototom SL (hereinafter “THE COMPANY”), registered in the Mercantile Registry of Castellón in Volume: 1604, Book: 1166, Folio: 131, Section: 8, Registration Sheet: 34706, Entry: 1, with Tax Identification Number (CIF) B12895579 and registered office at Calle Poeta Verdaguer, 26, 3rd floor, 12002 Castellón. Contact telephone number: +34 964305220. Contact email: store@rototom.com.
Through its website, THE COMPANY provides information about its products and offers the possibility of purchasing them. Due to the content and purpose of the website, individuals wishing to benefit from its services must be registered as a "Customer," which they acquire by completing the registration form and following the steps subsequently communicated by THE COMPANY via email. Customer status implies acceptance of the Terms of Use, the version of which is published at the time of accessing the website.
In any case, there are pages on the Website accessible to individuals or legal entities who do not register or initiate a product purchase (hereinafter, “Users”). In this regard, Users who access these parts of the Website agree to be bound by the terms and conditions contained in these General Conditions, to the extent that they may apply.
The company wishes to inform its customers and users that it is exclusively targeting an audience over the age of 16.
CONTACT: For any questions, queries, or suggestions, you can send us your comments by email using our contact form
PRODUCT INFORMATION
The product descriptions displayed on the Website are based on information provided by THE COMPANY's suppliers. However, the information given about each product, as well as the photographs or videos relating to them and the trade names, trademarks, or distinctive signs of any kind contained on THE COMPANY's website, are displayed on the Website for informational purposes only.
PRICES
All product prices shown on the website include VAT and any other applicable taxes. However, these prices do not include shipping costs, which are detailed separately and must be accepted by the customer.
AVAILABILITY
The Company informs the Customer that the number of available units is kept up-to-date with warehouse stock and availability from our suppliers. Under no circumstances will the Company intentionally offer for sale more units than it has in stock or than the supplier has reserved.
The Company will make every effort to fulfill all Customer orders. However, occasionally, due to circumstances beyond the Company's control, such as human error or computer system failures, the quantity ultimately delivered by the supplier may differ from the order placed by the Company to meet Customer requests.
If a product is unavailable after an order has been placed, the customer will be notified by email of the total or partial cancellation of the order. Partial cancellation due to lack of availability does not entitle the customer to cancel the entire order. If, as a result of this cancellation, the customer wishes to return the delivered product, they must follow the procedure outlined in the Returns section.
PAY
The Customer agrees to pay at the time of placing the order. The initial price shown on the website for each product will be increased by the applicable shipping costs. In any case, these costs will be communicated to the Customer before finalizing the purchase.
The receipt or proof of purchase corresponding to the purchase order will be available and can be viewed on the Website in the "My account", "Orders" section.
The customer must pay the amount corresponding to their order by credit or debit card (Visa, Mastercard, Visa Electron, and/or other similar cards). Card payments are processed through PayPal using their secure protocols.
The Customer must notify THE COMPANY of any improper or fraudulent charges on the card used for purchases, by email or telephone, as soon as possible so that THE COMPANY can take the appropriate action.
In compliance with EMVCo, MasterCard, VISA regulations and the European PSDII Directive, during the electronic payment operation THE COMPANY will communicate information regarding the connection used in the session to the card issuer Bank in order to validate the payment operation carried out by the user.
SECURITY
The company employs the highest commercially available security measures in the industry. Furthermore, the payment process operates on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that information is transmitted encrypted using 128-bit algorithms, ensuring that it is only intelligible to the customer's computer and the website's server. In this way, the use of the SSL protocol guarantees:
- That the Client is communicating their data to the server center of THE COMPANY and not to any other that might try to impersonate it.
- That between the Client and the COMPANY's server center, the data is transmitted encrypted, preventing its possible reading or manipulation by third parties.
Verisign, the world's leading SSL certificate issuer, guarantees data encryption on Paypal.
ORDER FORMALIZATION
Once the order is formalized, that is, with the acceptance of the Terms of Use and the confirmation of the purchase process, THE COMPANY will always send an email to the CLIENT confirming the details of the purchase made.
ORDER CANCELLATION
The company will accept order cancellations when requested before shipment. To cancel, please submit your request using the "Customer Service" form or by sending an email to store@rototom.com.
DEADLINES, DELIVERY LOCATION AND LOSSES
I. Product Delivery
The company undertakes to deliver the product in perfect condition to the address indicated by the customer on the order form. To optimize delivery, we ask the customer to provide an address where the order can be delivered during normal business hours.
The company will not be responsible for errors caused in delivery when the delivery address entered by the Customer in the order form does not correspond to reality or has been omitted.
The company informs the customer that it is possible for the same order to be divided into several deliveries.
II. Delivery Time
We will ship your order via courier. Your order will be delivered within a maximum of 15 business days from the date of order confirmation by THE COMPANY, although the usual delivery time for our partner carriers is between 3 and 6 days from order completion.
These delivery times are averages and therefore estimates. They may vary due to logistical reasons or force majeure. In the event of delivery delays, THE COMPANY will inform its customers as soon as it becomes aware of them.
Each delivery is considered to have been made from the moment the transport company makes the product available to the Customer, which is materialized through the control system used by the transport company.
In the event of delivery delays attributable to THE COMPANY, the Customer may cancel their order in accordance with the procedure described in Section “11. Returns”. Delays will not be considered to have occurred if the order has been made available to the Customer by the transport company within the agreed timeframe but could not be delivered due to reasons attributable to the Customer.
Shipping costs can be found in the shipping section of our website.
Once your order leaves our warehouse, you will receive an email notifying you that your order has been accepted and is being shipped.
For security reasons, THE COMPANY will not send any orders to P.O. boxes or military bases, nor will it accept any order when it is not possible to identify the recipient of the order and their address.
III. Delivery Data, Undelivered Items and Loss
If the customer is absent at the time of delivery, the carrier will leave a notice indicating how to arrange a new delivery. As part of its courier delivery service, the company contracts a series of tracking actions to ensure successful delivery.
If delivery has not been arranged within 7 business days of the order being dispatched, the Customer must contact THE COMPANY. If the Customer fails to do so, after 10 business days from the order's dispatch date, it will be returned to our warehouse, and the Customer will be responsible for the shipping and return costs, as well as any associated handling fees.
If the reason for the failed delivery is a lost package, our carrier will initiate an investigation. In these cases, our carriers' response times typically range from one to three weeks.
IV. Diligence in delivery
The Customer must check the package's condition in the presence of the carrier delivering the product on behalf of THE COMPANY, noting any anomalies detected in the packaging on the delivery note. If, after inspecting the product, the Customer discovers any issues such as dents, breakage, signs of tampering, or any damage caused during shipping, they agree to notify THE COMPANY via email as soon as possible, and no later than 24 hours after delivery. After this period, no claims for such issues will be accepted (only warranty claims for defective parts).
RETURN
I. Return procedure
All products purchased from THE COMPANY may be returned and refunded, provided that the Customer informs THE COMPANY of their intention to return the purchased product(s) within a maximum period of up to 14 working days from the date of delivery and that the rest of the conditions established in this section are met.
The company will only accept returns that meet the following requirements:
- The product must be in the same condition as when it was delivered and must retain its original packaging and labeling.
- The shipment must be made using the same box in which it was received to protect the product. If the original box is unavailable, the Customer must return it in a protective box to ensure the product arrives at the COMPANY's warehouse in the best possible condition.
- A copy of the delivery note must be included inside the package, where the returned products and the reason for the return are also marked.
To facilitate the return process for customers and ensure proper tracking, the company has established a single return procedure. If the reason for the return is attributable to the company (the product is defective, it is not what you ordered, etc.), the full amount will be refunded. If the reason is otherwise (the products were delivered correctly but you are not satisfied), the return shipping costs will be the customer's responsibility.
To proceed with a return, the following steps must be followed:
- Notify us within 14 calendar days of receiving the product that you wish to return it. You can do so by emailing store@rototom.com or by using the customer service form.
- The company will inform the customer of the address to which the product should be sent.
- The customer must send it via a courier service of their choice. The return shipping costs are the customer's responsibility.
- Please report the courier company used, date and time of return.
II. Refunds to the CUSTOMER
Returning products will result in a refund equal to the cost of the returned products less the cost of the return service.
Only if the delivered product is defective or incorrect will THE COMPANY also reimburse the Customer for the corresponding shipping costs.
Returns and partial cancellations will result in partial refunds.
The company will process the refund using the same payment method used for the original purchase within 3 days of the returned order's arrival at the warehouse. The time it takes for the refund to appear in the customer's account or on their card depends on the card type and issuing bank. It may take up to 7 days for debit cards and up to 30 days for credit cards.
WARRANTY FOR PURCHASED PRODUCTS
The company acts as a distributor for manufacturers who guarantee that the products offered for sale on the Website function correctly and are free from defects or hidden flaws that could make them dangerous or unsuitable for normal use.
The contractual warranty offered is the standard manufacturer's warranty. Upon receiving the product, the customer will find the manufacturer's instructions in the box, which are sufficient for proper use and installation, along with all warranty information. No customer may request a warranty beyond what is stated therein.
The Company is not obligated to collect the defective product, and the Customer must contact the Manufacturer's After-Sales Service. In this regard, the Company will take the necessary steps to provide Customers who request it with the contact details of said service and will provide them with sufficient information for filing the relevant claims.
The warranty will lose its validity in case of defects or damage caused by external factors, accidents, especially electrical accidents, wear and tear, installation and use not in accordance with the Manufacturer's instructions.
Products modified or repaired by the Customer or any other person not authorized by the Manufacturer are excluded from the warranty. The warranty does not cover apparent defects or non-conformities of the product, for which any claim must be made by the Customer within 7 days of delivery. The warranty does not cover products damaged by improper use.
ONLINE DISPUTE RESOLUTION
The European Commission offers consumers the opportunity to resolve disputes online, in accordance with Article 14, paragraph 1 of the ODR, through one of its platforms. The platform ( http://ec.europa.eu/consumers/odr ) serves as a website where consumers can attempt to reach out-of-court settlements regarding disputes arising from online purchases and service contracts.
INTELLECTUAL AND INDUSTRIAL PROPERTY
THE COMPANY holds all rights to the content, design and source code of this website and, in particular, including but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names and data included on the website.
Customers and Users are advised that such rights are protected by current Spanish and international legislation relating to intellectual and industrial property.
Furthermore, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all current Spanish and European Community regulations on the matter also apply to it.
Total or partial reproduction of this website, or any of its contents, is expressly prohibited without the express written permission of THE COMPANY.
Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that entails an infringement of current Spanish and/or international regulations on intellectual and/or industrial property is strictly prohibited, as well as the use of the content of the Website without the prior express written authorization of THE COMPANY.
THE COMPANY informs that it does not grant any implicit license or authorization regarding intellectual and/or industrial property rights or any other right or property related, directly or indirectly, to the content included on the Website.
The use of the content of the web domain is only authorized for informational and service purposes, provided that the source is cited or referenced, and the user is solely responsible for any misuse thereof.
ACCESS TO AND USE OF THE WEBSITE. OUR CONTENT
Customers and Users are fully responsible for their conduct when accessing information on the Web, while browsing it, as well as after having accessed it.
As a consequence of the above, Clients and Users are solely responsible to THE COMPANY and third parties for:
- The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content of the Web, whether or not created by THE COMPANY, whether or not officially published under its name.
- As well as the consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or impair the Website or its services or prevent normal enjoyment by other Users.
The COMPANY reserves the right to update the content when it deems appropriate, as well as to remove, limit or prevent access to it, temporarily or permanently, and to deny access to the Website to Clients and Users who misuse the content and/or fail to comply with any of the conditions that appear in this document.
THE COMPANY informs that it does not guarantee:
- That access to the Web and/or to linked Webs is uninterrupted or error-free.
- That the content or software that Clients and Users access through the Website or linked Websites does not contain any errors, computer viruses or other elements in the content that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage.
- The use that Clients and Users may make of the information or content of this Website or linked Websites for their personal purposes.
The information contained on this website should be considered by Clients and Users as informative and for guidance purposes, both in relation to its purpose and its effects, for which reason:
The company does not guarantee the accuracy of the information contained on this website and therefore assumes no responsibility for any possible damages or inconveniences for users that may arise from any inaccuracy present on the website.
OUR RESPONSIBILITY
THE COMPANY assumes no liability whatsoever arising from, including but not limited to:
- Regarding the use that Clients or Users may make of the materials on this Website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Website's content or of third parties.
- From any damages and losses to Clients or Users caused by normal or abnormal functioning of the search tools, the organization or location of the content and/or access to the Web and, in general, from errors or problems that arise in the development or implementation of the technical elements that the Web or a program provides to the User.
- Regarding the content of those pages that Clients or Users may access from links included on the Website, whether authorized or not.
- From the acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY through a contractual agreement.
- Regarding access by minors to the content included on the Website, it is the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care, or to install one of the Internet use control tools in order to prevent (i) access to materials or content unsuitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
- The company will not be responsible for communications or dialogues during debates, forums, chats and virtual communities organized through or around the website and/or linked websites, and therefore will not be liable for any damages or losses suffered by individual and/or collective Clients or Users as a result of such communications and/or dialogues.
The company will not be liable under any circumstances when the following occur:
- Errors or delays in accessing the Website by the Customer when entering their data in the order form, the slowness or impossibility of receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the control of THE COMPANY.
- Failures or incidents that may occur in communications, deletion or incomplete transmissions, so it is not guaranteed that the services of the Website will be constantly operational.
- From errors or damages caused to the website by inefficient and bad faith use of the service by the Client.
- Due to the non-operation or problems in the email address provided by the Customer for sending the order confirmation.
- In any case, THE COMPANY undertakes to solve any problems that may arise and to offer all the necessary support to the Client to reach a quick and satisfactory solution to the incident.
- Furthermore, THE COMPANY has the right to conduct promotional campaigns at defined intervals to encourage new members to register for its service. THE COMPANY reserves the right to modify the terms and conditions of these promotions, extend them with due notice, or exclude any participant from the promotion should it detect any irregularity, abuse, or unethical behavior in their participation.
PRIVACY POLICY
Customers and Users agree to browse the website and use its content in good faith.
In compliance with the provisions of Organic Law 15/1999, on the Protection of Personal Data, we inform you that completing any form on the Website or sending an email to any of our mailboxes implies acceptance of this privacy policy, as well as authorization for THE COMPANY to process the personal data you provide, which will be incorporated into the file owned by THE COMPANY, registered in the General Registry of the Spanish Data Protection Agency.
Customer data will be used for sending sales information via email from THE COMPANY and for delivering purchases.
By simply visiting the website, users do not provide any personal information nor are they obliged to do so.
The company undertakes to maintain the utmost confidentiality regarding the information provided to it and to use it only for the purposes indicated.
THE COMPANY assumes that the data has been entered by its owner or by a person authorized by the owner, and that it is correct and accurate.
Customers are responsible for updating their own data. At any time, customers have the right to access, rectify, cancel, and object to all their personal data included in the various registration forms. To modify or update their personal data, customers must access the "My Account" section on the Website. To cancel your account, please write to us using the contact form with the subject line “Cancel account” using the email address you used when registering your account as the sender and we will contact you to proceed with the account cancellation.
Therefore, the Client is responsible for the accuracy of the data, and THE COMPANY will not be liable for any inaccuracies in the Clients' personal data. In accordance with current data protection legislation, THE COMPANY has adopted appropriate security measures for the data provided by Clients and has also implemented all available means and measures to prevent its loss, misuse, alteration, unauthorized access, and extraction.
For more information, please see our Privacy Policy .
NULLITY
In the event that any clause of these Terms of Use is declared null and void, the remaining clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these Terms of Use.
THE COMPANY may choose not to exercise any of the rights and powers conferred in this document, which will not in any case imply a waiver of the same, unless expressly acknowledged by THE COMPANY or the statute of limitations for the action that corresponds in each case has expired.
MODIFICATION OF THE TERMS OF USE
The Company reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Terms and Conditions. Therefore, the Company recommends that the Customer read them carefully each time they access the Website.
Customers and Users will always have these Terms of Use available in a visible location, freely accessible for any inquiries they may wish to make. In any case, acceptance of the Terms of Use is a prior and essential step to purchasing any product available through the Website.
APPLICABLE LAW AND ARBITRATION
These Terms of Use are governed by the applicable Spanish law. To resolve any dispute or conflict arising from these Terms of Use, the parties submit to the jurisdiction of the courts of the city of Castellón, unless the law mandates another jurisdiction.