Conditions of Use and Purchase www.pikolin.com

Introduction

This document contains the conditions that regulate the use of this website (www.pikolin.com) and the purchase of products therein (hereinafter, the “Conditions”) in accordance with current regulations governing said matters. Please, read carefully these Conditions, our Cookies Policy, Privacy Policy, and Legal Notice before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and by the legal texts thereon. Therefore, if you do not agree with all these Conditions and Data Protection Policies, you should not continue browsing our website.
If you have any questions regarding these Conditions or our Data Protection Policies, please, do not hesitate to contact us using our contact channels.

Our data

The person responsible for the sale of items through this website is:

Company Name: PIKOLIN, S.L.
Address: Ronda Ferrocarril n.º 24, Plataforma Logística Zaragoza (PLAZA), 50197 - Zaragoza (Spain).
C.I.F. (Tax Identification Code): B50032200

Registered in the Mercantile Registry of Zaragoza, Vol. 958, Sheet 125, Page Z.864, Entry 1

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Company Name: SPACIO REPOS, S.L. (PIKOLIN HOME)
Address: C/Rey Pastor, 7, 28914 - Leganés (Spain).
C.I.F. (Tax Identification Code): B84497288

Email: ecommerce@pikolin.com (Please state “Suggestion” or “Claim” in the subject line)
Telephone: 34 976 300 874

Your data and your visits to this website

The information or personal data you provide us will be processed in accordance with the provisions set out in the corresponding Legal Texts included on the website. By using this website, you agree to the processing of such information and declare that all the information or data provided is true and accurate.

Use of our website

By using this website and placing orders through it, you agree to:
I. Use this website solely for making legally valid enquiries or orders.
II. Not place any false or fraudulent orders. If it is deemed reasonable that an order of this nature has been placed, we reserve the right to cancel any such order and notify the relevant authorities.
III. Provide your accurate and true email address, postal address and/or other contact details. You also agree that we may use these details to contact you, if necessary, for any of the purposes specified in our Privacy Policy. If you do not provide us with all the information we need, we will not be able to process your order.
IV. By placing an order through this website, you declare that you are 18 or over and have the legal capacity to enter into contracts.

Service availability

The items offered on this website are only available for shipping in Spain (mainland).

How to place an order

To place an order through our website, you must follow the procedure described below:
Users will be able to access a website with a product-based navigation menu, a product search engine, and a product recommendation engine; or product category pages directly; or a product page.

When you select a product, you may find one of these button options, either together or separately: buy on pikolin.com, click on a link to another Ecommerce website where the product is also sold, click on a link to a map showing the stores where you may try the product, or click on a link to a map showing Pikolin stores, whether or not the product is available to try.

If you opt to buy on Pikolin.com, you will start a purchasing process. The product will be sent to the delivery point chosen by the consumer, as set out in these contract conditions. Once received, we will send a survey to assess our service.

Technical means to correct errors

Should you detect any errors that occurred when entering your personal data during the user registration process for this website, you will be able to amend them in the User Profile section.
Personal data errors entered during the purchasing process may be amended before the order is processed by contacting our Customer Service or our After-Sales Service through our website. You may also exercise your right to rectification as stated in our Privacy Policy, following the procedures therein, if you feel that you have exhausted the aforementioned channels.
This website shows confirmation windows at different sections of the purchase process. You will not be allowed to continue with your order if the data in these sections has not been
provided correctly. This website also shows the details of all the items you have added to your basket during the purchase process so that you can amend the data of your order before making the payment.
Should you detect an error in your order after the payment process is complete, you must access the “Returns” section in your user profile. Here you can find out how to correct the error or how to request a return/cancellation should this be possible.
If there are errors in the order, please bear in mind that we will not be able to modify or exchange customised products after you have been informed that your order is being processed, as the order will have been made specifically for you.
For non-customised products, a customer will not be able to cancel an order once it has been confirmed. The order will have to be returned.

Product availability

All orders are subject to product availability. In the event of difficulties with the supply of a product or if there are no products remaining in stock, the contract cannot be fulfilled.

Delivery

Unless unforeseen or extraordinary circumstances occur, we will send your order with the products listed in each shipping confirmation within the terms stated on the website for the selected shipping method and the type of product purchased.

In general, PIKOLIN products will be delivered within 4-30 working days when using our own delivery service, depending on the buyer’s availability to accept the delivery. PIKOLIN HOME products will be delivered through a third party within 48-72 hours on working days, depending on the location of the buyer. Bear in mind that under no circumstances do we deliver products on Saturdays or Sundays. You can view our delivery schedule in more detail in our shipping policy.
If we are unable to meet the delivery date for any reason, you will be informed and we will give you the option to continue with your purchase and set a new delivery date, or to cancel your order and receive a full refund of the total price you have paid.
For the purposes of these Conditions, “delivery” shall be deemed to have taken place and the order “delivered” once you or a third party specified by you take physical possession of the products, which will be certified by signing the order receipt at the agreed delivery address. Product risks shall be your responsibility once you have taken ownership of the products. You will take ownership of the products at the moment of delivery, under the conditions stated above. Products will be delivered to the delivery address provided by the buyer as long as the building can accommodate the size of the product.

Impossibility to deliver

For PIKOLIN products delivered through our own delivery service:
We will contact the buyer to arrange the delivery.
Should the buyer not be available to receive the order at the agreed delivery address after delivery has been arranged, the delivery will be rearranged three times. If the order still cannot be delivered, the product will be classified as returned, and we will understand that you wish to withdraw from the contract, which will be considered terminated.
As a consequence of the termination of the contract, with the exception of the products exempt from the right of withdrawal detailed hereinbelow, we will refund all payments received from you, including delivery costs (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than 14 days from the day on which the contract is considered terminated. Please bear in mind that any transport required as a result of contract termination may incur additional costs, which we are authorised to transfer to you.

For PIKOLIN HOME products delivered through a third party:
Before the order is delivered, our transport provider will notify you to inform you of the approximate time frame in which the delivery will be made. If you know that you will not be available to receive the order, please contact the transport provider using the telephone number that appears in the notification. If for any reason you are unable to inform them and you are not there to receive the delivery, our transport provider will leave you a note stating that they have attempted to deliver the order but nobody was in. Our transport provider will try to contact you to arrange a new delivery date. In the event that delivery has been attempted twice unsuccessfully, the package will remain at the carrier’s facilities for 15 days. This information will be stated in the notification of impossibility to deliver, and the customer will be able to collect the order from these facilities during this period.
Should the product not be collected within the period established by the carrier, the product will be classified as returned and we will understand that you wish to withdraw from the contract, which will be considered terminated.
As a consequence of the termination of the contract, with the exception of the products exempt from the right of withdrawal detailed hereinbelow, we will refund all payments received from you, including delivery costs (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than 14 days from the day on which the contract is considered terminated.

Please bear in mind that any transport required as a result of contract termination may incur additional costs, which we are authorised to transfer to you.

Price and payment

The prices on the website include VAT, which will be also itemised in the shopping basket. The prices on the website do not include shipping costs. These will be added to the total amount and itemised at the time of payment.
Prices may change at any time (except in the cases set out above) but any potential changes will not affect orders for which an Order Confirmation has already been sent.
Once you have selected all the items that you wish to purchase, they will be added to your basket. The next step will be to process the order and make the payment. To do this, you will have to follow the steps in the purchase process, filling out or checking the information requested in each step.
During the purchase process, you will also be able to amend the data of your order before making the payment. If you are a registered user, all your orders will appear in the “Orders” section.
Payments can be made with debit and credit cards, PayPal, and the 3x 4x Oney instalment solution.

Debit and credit card payments
By clicking on “Authorise Payment”, you are confirming that you are the credit card holder.
Payments will be processed through a payment gateway to minimise the risk of unauthorised access. Credit cards will be subject to checks and authorisations by the issuing provider. Should the payment not be authorised by the issuing provider, we will be unable to enter into any contract with you.

To minimise the risk of unauthorised access, online card payments will be processed through a virtual payment platform which protects and guarantees the security of the payment and the consumer.

Payments can be made using a credit or debit card (Visa, Visa Electron, Mastercard).
The platform used by this website is Ingenico eCommerce Solutions BVBA/SPRL (hereinafter “IECS”), a level 1 payment provider.

IECS uses a TLS v1.2 system as a security certificate. Transport Layer Security, hereinafter “TLS”, guarantees that data between the user and the IECS platform is shared in a secure and private environment. IECS will be in charge of processing and encrypting user data. Pikolin or IECS will not store or use any user data.

Credit cards will be subject to checks and authorisations by the issuing provider. Should the payment not be authorised by the issuing provider, we will be unable to enter into any contract with you.

Paying in instalments with 3x 4x Oney

3x 4x Oney allows you to pay for purchases between €90 and €2,500 in 3, 4, 6 or 12 instalments using your credit card (€20 minimum payment, and amounts and terms may vary depending on each store).

All payments will be taken periodically from your card. Please note that the first payment will be made at the time of purchase. This payment method is valid for VISA or Mastercard debit/credit cards whose expiry date is after the end of your chosen payment plan. For example, if you select a six-month payment plan, the expiry date on your card cannot be under six months. We do not accept prepaid, virtual or American Express cards.

Applicable only for individuals aged 18 and over residing in Spain.

3x 4x Oney is a payment method that allows users to pay for purchases in instalments. It is offered by Oney Servicios Financieros EFC, a financial institution registered with and supervised by the Bank of Spain under number 8814.

For more information on 3x 4x Oney, click here.

For any questions regarding payment in instalments, you can contact Oney at clientes3x4x@Oney.es.

PayPal payments

To pay using PayPal, select this payment method and click on “FINALISE PURCHASE”. Then you will be redirected to the PayPal website to proceed with the payment.

Value added tax and billing

Pursuant the provisions of Article 68 of Law 37/1992 dated December 28, on Value Added Tax, delivery of any items shall be understood as having been made in a location where Spanish VAT is in effect if the delivery address is in Spanish territory, with the exception of the Canary Islands, Ceuta, and Melilla. The VAT type to be applied at the current legal rate will depend on the specific item in question.
You expressly authorise us to issue an electronic invoice for you, but you may request a paper copy at any time. In this case, we will issue and send you a hard copy of your invoice.

Returns policy

Right of withdrawal
If you are entering into the contract as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without providing a reason.
The withdrawal period will expire 14 calendar days from the day that you or a third party specified by you, other than the carrier, have taken material possession of the goods or, if the items in your order are delivered separately, 14 calendar days from the day that you or a third party specified by you, other than the carrier, have taken material possession of the last item.
To exercise your right of withdrawal, you must contact us through our website to inform us of your decision to withdraw from this contract through an unequivocal statement (for example, an email).
You may use the model withdrawal form provided as an Annex to these Conditions, though its use is not mandatory. To comply with the withdrawal period, it is sufficient for you to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from the contract, with the exception of the products exempt from the right of withdrawal, we will refund all payments received from you, including delivery costs (with the exception of any supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event no later than 14 calendar days from the day you inform us of your decision to withdraw from the contract. This refund will be made using the same payment method used by you for the initial transaction, unless you have stated otherwise by expressly giving us the details of the payment method through which you would like us to process the refund. You will not incur any fees as a result of the refund. Notwithstanding the foregoing, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is first met.
Returns must be requested through our website without undue delay and, in any case, within a maximum term of 14 calendar days from the date on which you have notified us of your decision to withdraw from the contract. The deadline will be considered met if the goods are returned by the stated term.
You will be responsible for the direct cost of returning the goods.
You will be responsible for any loss in value resulting from handling the products beyond what is necessary to establish their nature, characteristics, and function.
Common provisions
You will not have the right to withdraw from any contracts regulating the supply of any of the following products:
-Goods made to consumer/user specifications or goods which are clearly customised.
-Goods or services whose price depends on fluctuations in the financial market that may occur during the withdrawal period and which are outside of the company’s control.
-Sealed goods which are not suitable to be returned due to health and safety or hygiene reasons or that have been opened after delivery.
-Digital content not supplied through a tangible medium when run with a consumer or user’s prior express consent and their acknowledgment that they would lose their right to withdraw as a consequence.
Your right to withdraw from the contract will only apply to products returned in the same conditions as you have received them. No refund will be made if a product is not in the same condition as when it was delivered or if a product has been damaged. You must, therefore, take care of the products while they are in your possession. Please return items using or including their original packaging, instructions and any accompanying documents.
You will have to contact us through our website to arrange a collection from your home. To return the goods, you will have to follow the instructions provided by the vendor after they have been notified of your desire to withdraw.
Please note that we shall be authorised to charge you any costs we may incur as a result of freight collect of any items.
After examining the item, we will inform you of whether you are entitled to a refund for the amounts paid. The refund will be made as soon as possible, and, in any case, within 14 days from the date on which you informed us of your intention to withdraw from the contract. However, we may withhold the refund until we have received the goods, or until you have provided proof of the return of the goods, depending on which condition is first met. Refunds will be made using the same payment method used to pay for your purchase.
Please note that, should you choose to exercise your right of withdrawal after the items have been delivered, the vendor will not be liable for any risks incurred during the return transport of the product, and you will be liable for said risks. In any case, nothing shall affect your applicable statutory rights.

Returning defective products
In the event you consider that, at the time of delivery, the packaging shows signs of having been tampered with, is in poor condition or the product is not as stipulated in the contract, you must state this on the delivery note and contact us immediately through our website. You will need to provide the product data so that we can tell you how to proceed.
We will carefully examine the evidence provided or the returned product and will notify you within a reasonable period if the product may be refunded or replaced (as appropriate). The refund or replacement of the item will take place as soon as possible and, in any case, within 14 days from the date on which the refund or replacement of the product is confirmed by us.
The amounts paid for the products returned for reasons attributable to the vendor, when these actually exist, will be refunded in full, including the delivery costs paid to send the item to you, and any costs incurred by you for returning the item to us. Refunds will be made using the same payment method used to pay for your purchase.
In any case, nothing shall affect your applicable statutory rights.

Find out more about returns and cancellations in our Returns Policy.

Guarantee

If you are entering into the contract as a consumer and user, we offer guarantees on the products sold through this website, within the terms that are legally established for each product. We are therefore liable for a product’s failure to comply with said terms for a period of two years from the delivery of said product.
The products for sale will be understood to comply with the contract provided that (i) They match the description provided by us, and possess the features presented on our website, (ii) They are suitable for the same uses commonly reserved for products of the same type, and (iii) Their quality and performance match those which may be fundamentally expected of a product of the same type. For this purpose, if you consider that any of the products fails to comply with the contract, you must inform us using the process described in the “Returning defective products” section, through any of the communication channels available to you for such purpose.

Written communication

Applicable regulations require part of the communication or information we send to you to be in writing. By using this website, you agree that, whenever possible, we will communicate with you electronically. We will contact you by email and give you information by positing notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communication that we may send you electronically comply with any legal requirements provided said communications are in writing. This condition will not affect your statutory rights.

Notices

You can communicate with us using the contact data provided at the top of these Conditions. In accordance with the provisions outlined above and unless otherwise specified, we may send you information by e-mail or to the postal address you have provided when placing an order.

Events beyond our control

We shall not be liable for any breach or delay in performing any of our obligations resulting from a “Force Majeure Event”, i.e. an event beyond our reasonable control.
A Force Majeure Event is understood as any act, event, lack of action, omission or accident beyond our reasonable control, including, but not limited to, the following:
a. Strikes, lockouts or other industrial action.
b. Civil unrest, revolts, invasions, terrorist threat or attack, war (declared or undeclared) or threat/preparation for war.
c. Fires, explosions, storms, floods, earthquakes, subsidence, epidemic or any other natural disasters.
d. Impossibility to use trains, ships, aircraft, motorised vehicles or other means or public or private transport.
e. Impossibility to use public or private telecommunications systems.
f. Acts, decrees, legislation, regulations or restrictions issued by any government or public authority.
Our obligations will be considered suspended during the period in which a Force Majeure Event is in effect, and we shall be given an extension equal to the duration of the Force Majeure Event to fulfil our obligations. We will, however, do what we reasonably can to bring the Force Majeure Event to a close or to find a solution that enables us to fulfil our obligations despite the Force Majeure Event.

Waiver

Should you fail to comply with any of the obligations set out in these Conditions, please note that any lack of regard on our part or our failure to exercise the rights or actions entitled to us by these Conditions shall not constitute a waiver or limitation of said rights or actions, nor shall it exonerate you from fulfilling your obligations.
Our waiving of a specific right or action shall not constitute the waiving of other rights or actions deriving from these Conditions or other contracts. In fact, no waiver of any of these Conditions or of any rights or action under any contract signed by ourselves and you shall be effective unless expressly stated to be a formal waiver and communicated to you in writing, in accordance with the provisions set out in the “Notices” section.

Partial annulment

Should any of these conditions or any provisions of a contract be firmly declared by a competent authority to be null and void, the remaining terms and conditions shall remain in effect, without being affected by any such declaration of unenforceability.

Entire agreement

These Conditions and any documents expressly referenced herein constitute the entire agreement existing between the consumer and us insofar as the purpose of this agreement is concerned, and replace any prior pact, agreement or promise made between the parties hereto, verbally or in writing.
The consumer and the company acknowledge that the contract has been entered into without relying on any statement or promise made by the other party or that could have been inferred from any statement or text in the negotiations that took place prior to this contract, except for the provisions expressly stated in these Conditions.
Neither the consumer nor the company shall take any action against any unclear statement made by the other party, verbally or in writing, prior to the date of the contract (unless the unclear statement was made fraudulently) and the only action available to the other party shall be for breach of contract as understood in these Conditions.

Our right to amend these conditions

The company reserves the right to amend these Conditions at any time. Substantial amendments to these conditions will be communicated to users through the website. Changes will not be retroactive and, except for possible exceptions in specific cases, will come into force the moment they are published in the corresponding notices.
If you do not agree with any introduced changes, we recommend that you do not use our website.

Applicable law and jurisdiction

The use of our website and the contracts regulating the purchase of products is governed by the Spanish law.
Any dispute arising from or in relation to the use of this website or to these contracts shall be subject to the non-exclusive jurisdiction of the Spanish courts.
If you are entering into the contract as a consumer, nothing in this clause shall affect your statutory rights.

Comments, suggestions, complaints and claims

We will be more than happy to receive your comments and suggestions regarding the website through the communication channels stated at the top of these Terms and Conditions.
Official complaint forms are available to all consumers and users. You can request them through the contact channels provided in this document.
Any complaints and claims filed through our Customer Service will be dealt with as quickly as possible and, in any case, within the period established by the law.
If, as a consumer, you feel that your rights have been violated, you can send us your complaint using the email address provided at the beginning of this document in order to request an out-of-court settlement.
Should you have any problem, you can contact us through our website. Furthermore, the European Commission, through Regulation (EU) 524/2013, provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. Even though we may not be registered with the platform, as a consumer, you are entitled to use it to file any claims.

You can download our model withdrawal form here.

This Policy was last updated on: 7th January 2020

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