PURPOSE AND GENERALITIES

These General Conditions of Use, Conditions of Sale and Privacy Policy govern your use of the website https://store.rototom.com (hereinafter “the Website”), which Rototom S.L. (hereinafter THE COMPANY) registered in the Commercial Register of Castellón in Volume: 1604, Book: 1166, Sheet: 131, Section: 8, Register Sheet: 34706, Inscription: 1, with CIF B12895579 and address at Calle Poeta Verdaguer, 26 3 planta 12002 Castellón SPAIN owns. Contact telephone +34 964305220. Contact e-mail: store@rototom.com.

Through its Web Site, THE COMPANY provides information about its products and offers the possibility for their acquisition. Due to the content and purpose of the Web Site, people who want benefit from its services should have the status of “CUSTOMER”, which is acquired by completing the registration form and following the steps THE COMPANY then communicates via email. CUSTOMER status implies adherence to the Terms of Use published at the time of accessing the Web Site.

In any case, there are Web Site pages accessible to individuals or legal entities that have not yet registered or begun to purchase a product (hereinafter “Users”). In this sense, Users who access these parts of the Web Site agree to be subject to the terms and conditions contained in these General Conditions, to the extent they may be applicable them.

THE COMPANY wants to let its CUSTOMERS and Users that it exclusively targets an audience over 16 years of age.

CONTACT: For any doubts, questions or suggestions, please send your comments by email using our contact form.

PRODUCT INFORMATION

Descriptions of the products displayed on the Web Site are made based on the information provided by suppliers of THE COMPANY. However, the information given on each product, as well as photographs or videos relating thereto and trade names, trademarks or logos of any kind on the Web Site of THE COMPANY, names are displayed on the Web Site as a guideline .

PRICES

All prices listed for products on the Web Site 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.

AVAILABILITY

THE COMPANY informs THE CUSTOMER that the number of units available is kept updated with stocks in stock and available from our suppliers. In no event will THE COMPANY intentionally sell more units than are available or the supplier has reserved.

THE COMPANY will make every effort to please all its CUSTOMERS demands for products. However, sometimes, due to causes beyond the control of THE COMPANY such as human errors or incidents in computer systems, it is possible that the amount ultimately served by the provider differs from that offered by THE COMPANY to meet CUSTOMER orders.

In the event that the product is unavailable after ordering, the CUSTOMER will be informed by email of the total or partial cancellation of same. The partial cancellation of the order due to unavailability does not provide the right to cancellation of the entire order. If as a result of this cancellation the CUSTOMER wants to refund the product delivered they must follow the provisions of the Refunds section.

PAYMENT

The CUSTOMER agrees to pay when placing the order. Added to the initial price listed on the Web Site for each product offered will be the corresponding shipping costs rates. In any case, these tariffs shall be reported to the CUSTOMER before formalizing the purchase itself.

The ticket or proof of purchase corresponding to the purchase order will be available and can be displayed on the Web Site in the “My Account”, “Orders” section.

The CUSTOMER must pay for your order amount by payment via credit card or debit card (Visa, MasterCard, Visa Electron and/or other similar cards). Card payment is made through Paypal with security protocols.

The CUSTOMER must notify THE COMPANY of any improper or fraudulent charge to the card used for purchases, by email or telephone, in the shortest time possible for THE COMPANY to take the necessary steps.

In compliance with EMVCo, MasterCard, VISA and the European Directive PSDII, during the electronic payment transaction THE COMPANY will communicate information regarding the connection used in the session to the issuing bank of the card in order to validate the payment transaction made by the user.

SECURITY

THE COMPANY employs the highest security measures commercially available  in the sector. In addition, the payment process works on a secure server using SSL (Secure Socket Layer). The secure server establishes a connection so that the information is transmitted encrypted using 128 bit algorithms, which ensures that it is only intelligible to the CUSTOMER computer and the Web Site. Thus, using the SSL protocol ensures that:

1. The CUSTOMER is submitting their data to a service centre of THE COMPANY and not to any other to try to impersonate it.
2. That between the CUSTOMER and server centre of THE COMPANY encrypted data is transmitted, avoiding possible reading or manipulation by third parties.

Verisign, the worldwide leader in issuing SSL certificates, guarantees the encryption data in Paypal.

ORDER PLACEMENT

Once the order has been placed, ie the acceptance of the Terms of Use and confirmation of purchase process, THE COMPANY always sends an email to the CUSTOMER confirming the details of the purchase.

ORDER CANCELLATION

THE COMPANY accepts the cancellation of orders upon request once made prior to shipping. For cancellation the request must be made using the “Customer service” form or by sending an e-mail to store@rototom.com.

DEADLINES, PLACE OF DELIVERY AND LOST GOODS

I. Product delivery

THE COMPANY is committed to delivering the product in perfect condition to the address that the CUSTOMER indicates on the order form. In order to optimize the delivery, we would be grateful if the CUSTOMER indicates an address to which the order can be delivered within normal working hours.

THE COMPANY will not be liable for errors caused in the delivery when the delivery address entered by the CUSTOMER in the order form does not exist or have been omitted.

THE COMPANY informs the CUSTOMER that one order may be divided in several deliveries.

II. Delivery period

Shipments are made through a courier company. The order placed by you will be delivered within a maximum period of 15 working days from the moment the order has been confirmed by THE COMPANY, although the normal delivery period of our partner carriers take usually between 3 and 6 days from the completion of the order.

These periods are based on averages, and are therefore estimates. Thus, they may vary for logistical reasons or for force majeure. In the case of delivery delays, THE COMPANY will inform its CUSTOMERS as soon as it becomes aware of them.

Each delivery is considered completed from the moment in which the carrier makes the product available to the CUSTOMER, which is confirmed via the control system used by the transport company.

In the case of delays in delivery of orders attributable to THE COMPANY, the CUSTOMER may cancel their order in accordance with the procedure described in the section “11. Refund”. Not considered as delays in delivery will be cases where the order has been made available to the CUSTOMER by the carrier within the agreed time and has not been delivered for reasons attributable to the CUSTOMER.

Shipping costs can be consulted in the shipping section of our Web Site.

Once the order leaves our warehouse, you will receive an e-mail notifying you that your order has been accepted and is being sent.

For reasons of security, THE COMPANY not send any orders to PO boxes or military bases, nor accept any order where it is not possible to identify the recipient of the order and direction.

III. Delivery Details, Failure to Deliver and Loss

If you are absent at the time of delivery the CUSTOMER, the carrier will leave a receipt indicating how to proceed to arrange a new delivery. THE COMPANY hires as part of the courier delivery service, a series of follow-up actions, aimed at ensuring that the delivery is completed.

If after 7 working days from shipping to delivery, the order has not been delivered, the CUSTOMER must contact THE COMPANY. If the CUSTOMER does not do so, after 10 days from shipping to delivery of the order same will be returned to our stores and the CUSTOMER will be responsible for the shipping costs and return to origin of the goods, as well as any management costs associated related to same.

If the reason for the failure of delivery is that of loss, our carrier will begin an investigation. In these cases, the response times of our carriers typically range from one to three weeks.

IV. Diligence on delivery

The CUSTOMER must check the condition of the package with the carrier who, on behalf of THE COMPANY, delivers the ordered product, indicating in the delivery note any anomaly detected in the packaging. If later after reviewing the product, the CUSTOMER detects any incident such as bangs, breakage, signs of having been opened or any damage caused to it by the shipment, they undertake to inform THE COMPANY by email in the shortest possible time within 24 hours of delivery. From that moment on no incidents of that type (except parts under warranty) will be dealt with.

RETURNS

I. Returns procedure

All products purchased from THE COMPANY may be returned and refunded, provided the CUSTOMER informs THE COMPANY of their intention to seek a refund the product/s purchased within a maximum period of up 14 working days from the date of delivery and the rest of the conditions set out this section are met.

THE COMPANY will only accept returned goods that meet the following requirements:

1. The product must be in the same condition it was delivered in and must retain its original packaging and labelling.
2. The shipment must be made using the same box in which it was received to protect the product. In the event that the same case with which it was delivered cannot be used, the CUSTOMER must return the product in a protective case so that the product reaches the warehouse of THE COMPANY with the maximum possible guarantees.
3. A copy of delivery note must be included inside the package, which must also indicate the returned products and the reason for the refund request.

In order to facilitate the CUSTOMERS return process and to ensure the proper monitoring of same, THE COMPANY only accepts the return procedure established by THE COMPANY. If the reason for return is attributable to THE COMPANY (the product is defective, is not what was requested, etc.), the refund amount will be refunded. If the reason is another (products are delivered correctly but are not to your liking), the cost of return shipping will be paid by the CUSTOMER.

To proceed with the return of a product, follow these steps:

1. Notify within 14 calendar days of receipt that the product is to be refunded. The notification may be made via mail to store@rototom.com or using the customer service form.
2. THE COMPANY informs the CUSTOMER of the address to which the product must be sent.
3. The CUSTOMER must return the product via the courier company of their choice. The related fees must be paid by the CUSTOMER.
4. Inform THE COMPANY of the courier service used, together with the date and time of the return.

II. Refunds to CUSTOMERS

The return of products will result in a refund equal to the cost of refunded products minus the cost of return service.

Only in the event that the delivered product is defective or incorrect, will THE COMPANY also reimburse the CUSTOMER with the dispatch costs.

Partial returns and cancellations will result in partial refunds.

THE COMPANY manages the refund of an order under the same system used for payment within 3 days from the confirmation of arrival at the store of the returned order. The application of the refund in the CUSTOMER account or card depends on the card and the issuer. The implementation period will be up to 7 days for debit cards and up to 30 days for credit cards.

GUARANTEE FOR PRODUCTS PURCHASED

THE COMPANY acts as distributor for manufacturers to ensure that the products offered for sale on the Web Site are working properly and are free of defects or hidden issues that can make them dangerous or unsuitable for normal use.

The contractual warranty offered is usually granted by the manufacturer. Once the CUSTOMER has received the product, they will have the instructions provided by the manufacturer in its case, sufficient for the proper use and installation of the product and all information related to its warranty. No CUSTOMER may request broader coverage than that indicated in the warranty

THE COMPANY is not obliged to collect the faulty product and the CUSTOMER should contact the Manufacturer’s After Sales Service. In this regard, THE COMPANY will act to provide the CUSTOMER, who so requests, with the contact details of the service and provide them with enough information to submit the relevant claims.

The warranty will be invalidated if defects or damages are caused by external factors, accidents, especially electrical accidents, wear, installation and use not in accordance with the manufacturer’s instructions.

They are excluded from the warranty products modified or repaired by CUSTOMER or any other person authorized by the manufacturer. The warranty shall not apply to visible defects and defects of conformity of the product for which any claim must be made by the CUSTOMER in question within 7 days of delivery of products. The warranty does not cover damage caused by improper use of products.

ONLINE DISPUTE RESOLUTION

The European Commission gives consumers the opportunity to resolve online disputes pursuant to Art. 14 Para. 1 of the ODR on one of their platforms. The platform (http://ec.europa.eu/consumers/odr) serves as a site where consumers can try to reach out-of-court settlements of disputes arising from online purchases and contracts for services.

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

THE COMPANY owns all rights to the content, design and source of this Web Site code and, especially, by of example but not limited to photographs, images, texts, logos, designs, trademarks, trade names and data contained on the web.

CUSTOMERS and Users that these rights are protected by Spanish and international legislation on intellectual and industrial property are warned.

Furthermore, without prejudice to the foregoing, the content of this Web Site has the consideration of computer program and therefore also is applicable throughout the Spanish and European Community legislationforce on the subject.

Total or partial reproduction of this Web Site or any of its contents without the express written consent of THE COMPANY is expressly prohibited.

Copying, reproduction, adaptation, modification, distribution, marketing, public communication and / or any other action that involves a breach of Spanish legislation and / or hosting of intellectual and / or industrial property is  also prohibited, as well as the use of web content except with the prior express written permission of THE COMPANY.

THE COMPANY informs that no license or authorization whatsoever will be conceded for intellectual and / or industrial property rights or any other right related directly or indirectly to the contents on the Web property.

Only the use of the contents of the web domain for information and service purposes is authorized, provided that it cites or reference to the source is made, the user is solely responsible for the misuse of same.

ACCESS AND CONNECTION TO  OUT WEB SITE. OUR CONTENT

CUSTOMERS and Users are fully responsible for their conduct, to access information in the Web Site, while operating in the same, and after accessing it.

As result of the afore mentioned, CUSTOMERS and Users are solely responsible to THE COMPANY and third parties for:

1. The consequences that may result from use of any Web content for illegal purposes or those contrary to those stated in this document, prepared or not by THE COMPANY, published officially or not under its name.
2. And the consequences that may arise from any use made of same contrary to the contents of this document and adversely affecting the interests or rights of third parties or that in any way could damage, disable or impair the Web Site or its services or prevent normal enjoyment for other Users.

THE COMPANY reserves the right to update the content when appropriate and to eliminate, limit or prevent access to them, temporarily or permanently, and deny access to the Web Site to CUSTOMERS and Users who make an inappropriate use of content and / or break any of the conditions listed herein.

THE COMPANY informs that it does not guarantee:

1. That access to the Web Site and/or linked site be uninterrupted or error free.
2. The content or software that CUSTOMERS and Users access via the Web Site or the linked sites do not contain any errors, computer viruses or other elements in the contents that may cause alterations in your system or electronic documents and files stored in your computer system or cause other damage.
3. The use of any information or content of this Web Site or linked sites that CUSTOMERS and Users might do for their own purposes.

The information contained on this Web Site must be considered by CUSTOMERS and Users as informational and for their guidance, both in relation to its purpose and its effects, for this reason:

THE COMPANY does not guarantee the accuracy of the information contained in this Web Site and therefore assumes no responsibility for any damages or inconveniences caused for Users that may derive from some of the inaccuracies present in the Web Site.

OUR LIABILITY

COMPANY assumes no responsibility whatsoever for, including but not limited:

1. The use that CUSTOMERS or Users may make of the materials on this Web Site or linked Web Sites, whether prohibited or permitted, in violation of the of intellectual and / or industrial property rights related to website content or third party property.
2. For any damages to CUSTOMERS or Users caused by normal or abnormal operation of the search tools, organization or location of the content and / or access to the Web Site and, in general, errors or problems generated in the development or implementation of the technical elements that the website or program facilitates to the user.
3. The contents of those pages to which CUSTOMERS or Users can access from links on the Web, whether authorized or not.
4. Acts or omissions of third parties, regardless of whether these third parties may be linked to THE COMPANY through contractual means.
5. Access of minors to the content included on the Web Site, it being the responsibility of parents or guardians to exercise proper control over the activity of children or minors in their care or to the necessary tools to control the use of their use of the internet in order to avoid (i) access to materials or content not suitable for minors, and (ii) sending personal data without prior authorization from their parents or guardians.
6. Communications and dialogues in the course of the debates, forums, chats and virtual communities that are organized through or around the Web Site and/or linked website, or liability, therefore, for any damage and/or prejudices suffered by CUSTOMERS or Users, be they individuals and/or groups as a result of those communications and/or dialogues.

THE COMPANY is not liable in any way when any of the following occur:

1. Errors or delays in access to the Web Site for the CUSTOMER when entering your information in the order form, slowness or inability to receive order confirmation by recipients or any anomalies that may arise when these incidents are due to internet related problems, or resulting from accident or force majeure and other unforeseen contingencies beyond the control in good faith of THE COMPANY.
2. Failures or incidents that may occur in communications, damaged or incomplete transmissions which nullify any guarantee that the Web Site services are constantly operational.
3. Errors on or damage to the Web Site resulting from an inefficient use of the service and/or in bad faith by the CUSTOMER.
4. Of the non-operational status or problems with the email address provided by the CUSTOMER for the sending of the order confirmation.
5. In any case, THE COMPANY is committed to solving problems that may arise and to providing all the necessary support to the CUSTOMER in order to reach a quick and satisfactory resolution of any given issue.
6. THE COMPANY also has the right to perform during defined time intervals, promotional campaigns to encourage the registration of new members in their service. THE COMPANY reserves the right to modify the conditions of application of promotions, their extension once communicated properly, or proceed to the exclusion of any participant from the promotion in the event of detecting any abnormality, abuse or unethical behaviour involving the same.

PRIVACY POLICY

CUSTOMERS and Users undertake to navigate the Web Site and use the content in good faith.

In compliance with the provisions of Law 15/1999, Protection of Personal Data, we inform you that by filling in any form on the Web Site or sending an email to any of our mailboxes implies acceptance of this privacy policy, and also authorizes THE COMPANY to process the personal data you provide, which will be incorporated the file, owned by THE COMPANY, registered in the General Register of the Spanish data Protection Agency.

CUSTOMER data will be used to send emails for any sales made by THE COMPANY and for the delivery of purchases.

By simply visiting the Web Site, Users do not provide any personal information or are obliged to do so.

THE COMPANY is committed to maintaining any information provided strictly confidential and to use it only for the purposes specified.

THE COMPANY assumes that the data has been entered by their owner or person authorized by them and, that they be correct and accurate.

CUSTOMERS are responsible for updating their own data. At any time, the CUSTOMER has the right of access, rectification, cancellation and opposition to all personal data included in the various forms. To modify or update their personal details CUSTOMERS must access the ‘My Account’ section on the Web Site. To cancel your account, write us using our contact form with the subject “Cancel account” and using the e-mail you used when registering your account as sender and we will contact you to proceed with the cancellation of the account.

The CUSTOMER is, therefore, responsible for the accuracy of the data and THE COMPANY is not responsible for the inaccuracy of the personal data of the CUSTOMER. In accordance with current legislation on data protection, THE COMPANY has adopted the appropriate security measure related to the data provided by CUSTOMERS and also has installed all means and measures at its disposal to prevent the loss, misuse, alteration, unauthorized access and removal thereof.

For more information see our privacy policy.

NULLIFICATION

If any provision of these Terms of Use is declared invalid, the remaining provisions remain in force, taking into account the will of the parties and the purpose of these Terms of Use.

THE COMPANY may deem not to exercise some of the rights and powers conferred by this document, which does not imply any waiver of the same unless expressly recognized by THE COMPANY or statute of limitations applicable in each case.

MODIFICATION OF THE TERMS OF USE

THE COMPANY reserves the right to modify at any time the presentation and configuration of the Web Site and these General Conditions. Therefore, THE COMPANY recommends that the CUSTOMER read them carefully each time they access the Web Site.

CUSTOMERS and Users always have these Conditions of Use in a visible location, freely accessible for revision at any time. In any case, acceptance of the Terms of Use will be an essential prerequisite step to the purchase of any product available through the Web Site.

APPLICABLE LAW AND ARBITRATION

These Terms of Use are governed by applicable Spanish legislation. To resolve any controversy or dispute arising from these Terms of Use, the parties must submit to the jurisdiction of the courts of the city of Castellon, unless the law imposes another jurisdiction.