General Terms
& Conditions
1. INTRODUCTION
This document contains the terms and conditions that regulate the use of this website housed on the domain www.playmarket.es, as well as any other that could be determined at a later time and the contract that binds both parties, PLAY, SA and you (hereinafter the ‘Conditions’). These Conditions establish the rights and obligation of all users (hereinafter ‘you’/‘your’) and those of PLAY (hereinafter ‘us’ and ‘our’) with respect to browsing on the website, acquiring the status of User, the rights and obligations associated with this status, and the commercial transactions and use of the services that appear therein.
By using this website, you are bound to these Conditions, Privacy Policy and Legal Notices, so that we recommend that you read the present Conditions carefully. If you do not agree with them, you should leave the website.
These Conditions may be modified at any time, so you should read them before placing each order.
All products that are offered on www.playmarket.es are sold directly by ‘PLAY, SA’, with registered offices at Pol. Ind. de Caldes, Ronda Boada Vell, 6, 08184 in Palau-solità i Plegamans, Barcelona (Spain). The company was registered in the Commercial Registry of Barcelona on 27/12/66 in book 949, section 2, volume 1511, page 12360, entry 1 and holds Spanish tax identification number (CIF): A-08209538.
For any questions or suggestions, please send us your comments by email to: informacion@play.es.
2. WEBSITE OWNERSHIP
All intellectual and industrial property rights of the web domain, as well as its contents, are owned by Play, except for the contents that are the outcome of collaborations, whose source will be specified. For this reason, no user is authorised to make use of them or print them or store them on any physical device ever, when it is not for their personal and private use. Thus, the modification, decompilation or commercial use of any part of the website is prohibited.
Accessing this website does not grant users any rights or ownership to the intellectual and industrial property rights or to the contents housed on it. Users who access this website cannot copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned items or create new products or services stemming from the information obtained without express written authorisation from Play.
The user altering the contents or structure of this website is absolutely prohibited.
Play reserves the possibility to exercise the corresponding legal actions against users who violate or infringe intellectual and/or industrial property rights.
If the user detects any activity likely to violate any intellectual, industrial or any other type of right, please report this to us at this email address: informacion@play.es.
The information that appears on the website is valid on the date of its last update. The company reserves the right to modify the contents of the web domain without advance notice, and can restrict or not permit access to this website.
3. LINKS TO CONTENTS
Play reserves the right to block electronic links to the website that do not have previous express authorisation.
If the website contains links to contents owned by third parties, Play shall not be held responsible for the information contained on third-party websites.
Play shall remove any link as soon as it receives knowledge by any means of the unlawfulness of its contents or that they harm third-party assets or rights.
4. USAGE CONDITIONS
These Conditions have been designed to create a legally binding agreement between you and us, protecting your rights as a customer and our rights as a company.
These Conditions regulate the offer, acceptance of purchase and the sending of Play products between you and us.
Play offers the products exclusively to end users to acquire goods without an intention to resell them.
‘End user’ is defined as any natural or legal person that acts on www.playmarket.es with purposes other than those typical of the commercial, business or professional activities that it normally undertakes.
Play reserves the right to not attend to orders made by subjects other than the end user. Only those end users who have registered on the website pursuant to the terms of these Conditions may acquire goods and services marketed on the website.
5. REQUIREMENTS FOR THE STATUS OF REGISTERED USER
Acquiring the status of registered user lets users browse through any restricted access areas of the website, use the services for which previous identification is required and acquire the Playmarket products that may be offered on the website.
Persons of legal age and with full capacity to contract who sign the present Conditions may acquire the status of registered user. Acquiring the status of registered user entails reading and expressly accepting with no reservations the terms that make up these Conditions, which the user states that he or she has read prior to accepting them, and they may be stored and reproduced by the user. Registering as a user is an essential requirement for contracting the services or purchasing Play products via its online shop.
The username and password generated that let users identify themselves and use the service are strictly personal and confidential. The user shall be responsible for keeping them confidential.
Consequently, the user expressly accepts, except when there is proof to the contrary, that we assume that the uses of the service made using the identification codes are made by the registered user, except when the user has previously communicated their loss or theft.
The password can be freely modified by the user through the processes that we have established for this purpose. The replaced password will be cancelled as a means of identification, at the time at which the new one is created. We can block access and use of the website when we deem necessary for security reasons. The service will be automatically blocked if there are three successive mistakes in entering the password for access and use.
We shall adopt the organisational and technical measures required on our computer equipment to obtain suitable use of the service by users and prevent unauthorised access whose purpose is to proceed to unauthorised disclosure of the user’s financial information that is accessible through the service.
6. USER’S OBLIGATIONS
The user is obliged to:
Communicate to Play the data required to access and use the services that require prior identification, which must be truthful, up-to-date and in accordance with reality.
The user is obligated to provide his or her personal data truthfully and correctly (name, surnames, postal address, email and other contact details) and consent to us making use of this information in order to contact you, if necessary. If you do not provide full information, we shall not be able to process your order. In this case, Play shall not be held responsible ever for possible delays or failures in deliveries as a consequence of erroneous or omitted data.
The user can never make any fraudulent, false or speculative order. Play reserves the right to cancel the order and/or to report to the competent authorities if it has reasonable reasons to consider them as such.
When placing an order on this website, you assure us that you are at least 18 years of age and have the legal power to enter into binding agreements.
Adopt the security measures necessary, both personal and material, to maintain confidentiality of their username and password, as well as to immediately notify Play of the loss, misplacement, theft, robbery or unlawful access to their username, as well as its knowledge by third parties.
Make proper use of the services included on the website, always in accordance with the law.
Not partake in any activity that hinders or interferes with the operation of the services included on the website.
Pay for the Play products contracted via the website and the shipping and collection management costs, if there are any.
7. NOTIFICATIONS
Part of the information or communications that we send you shall be written, as required by applicable regulations. Thus, by using this website you accept that the majority of our communications will be electronic. We shall contact you by email or provide you with information by posting notices on this website. Consequently, you consent to using this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically meet the legal requirements due to being written. This status shall not affect your rights that are recognised by law. We may send communications either to your email or postal address that you provided when you place an order. The notifications shall be understood as received and correctly made at the same time as they are posted on our website, 24 hours after sending an email, or three days after the postmark on any letter.
8. SCOPE OF THE OFFER
The Playmarket products offered via this website are only available for their distribution in Spain (including Ceuta and Melilla and the Canary Islands) and Portugal. However, they may be contracted from anywhere in the world.
9. CONTRACT WITH PLAY AND ACCEPTANCE OF ORDERS
The contents of our website are an invitation to do business. Until we have accepted your order (even when your account has already been charged), there is no contract between you and us. If your order is not accepted and we have already charged you, the amount will be fully reimbursed to you.
After clicking on ‘confirm my order’, you shall receive an email with acknowledgement of receipt.
This does not imply that the order has been accepted, as it is an offer you make us to undertake a purchase. Orders are subject to our verification and acceptance. We shall confirm acceptance by sending you an email stating that the order is being shipped (Shipping Confirmation). It is only at this time that the contract between you and us is entered into.
Only those Playmarket products related to the Shipping Confirmation shall be the object of the contract. We shall not be obliged to supply you with any other product that you may have ordered until we confirm its shipment in an independent Shipping Confirmation.
Play may abstain from processing orders that do not have sufficient guarantees of solvency, or that are incomplete or incorrect or if the Play products are not available, with no liability to you or to third parties. However, we shall commit to notifying you and if the order amount has already been charged to you, we shall proceed to reimburse the amount you paid.
10. WITHDRAWAL FROM THE CONTRACT
The user shall have fourteen (14) days from the delivery date of the contracted products to withdraw from the contract. The user shall be reimbursed the amount paid for the Play products in question, including delivery charges, following our Return Policy. We shall never reimburse shipping costs for any case.
The right to withdraw shall be applicable provided that the Play products are returned in the same conditions in which they were received, along with the complete original packaging, labels and together with any related accessory. We shall determine if the Play products are in the same conditions in which they were sent. Products that are returned damaged, incomplete, worn, used or dirty due to the customer shall not be reimbursed and shall be made available to the sender and redelivered by collection on delivery.
To exercise your right to withdraw, please read our Return Policy.
11. PRODUCT AVAILABILITY
You accept that the products offered by Play in its online shop are subject to limited stock. All orders for Playmarket products are subject to their availability. If any product is not available after placing an order, we shall notify you as quickly as possible. You may modify or cancel your order at this time.
Play reserves the right to modify the products it offers on the website at any time without previous notice.
13. PURCHASE PROCESS
The following process for purchases on the Playmarket website, www.playmarket.es, has been established, which can be done in Spanish.
The user has to access the online shop hosted on the website www.playmarket.es, on which the Playmarket products that can be purchased on this channel are detailed with the information below:
- a) Description of the product, reference number, characteristics, colours and photograph
b) Unit price
c) Shipment costs, if there are any
d) Validity conditions of the offer, where applicable
e) Right to withdraw and Return Policy
After the user has selected the Playmarket product or products, they must add them to the basket included on the website, indicating the number of units to buy. After adding the selected Playmarket products to the basket, the user may access the purchase summary, which the user must then accept by clicking on the ‘Confirm’ key, where the following information is detailed:
- a) Product
b) Description
c) Add to Favourites
d) Number
e) Unit price
f) Total price of each of the Playmarket products purchased
g) Total price of order
h) Shipping costs
If the user has a promotional code, they must include it at this time to benefit from the conditions from applying it.
Then the user must provide his or her data. If the party is a registered user, he or she must enter the username and password assigned. If the user had not registered previously, they must create an account on the website.
After the user has entered their data, they will have access to the Shipping details, where they can review the sipping and billing data, modify them or request an invoice. Next, the user will select the payment method and the Shipping Confirmation will be displayed. If the user wishes, they can pick the option of sending the order as a gift and write a card with a message, then accept the Purchase Conditions and proceed to accepting them by clicking on the button ‘Confirm my order’.
After the user has confirmed the order, an email shall be sent to him or her stating that the order was received and will detail the data corresponding to the processed purchase order. We shall also analyse the purchase order to determine whether or not it complies with all the requirements for processing it. After the verification is complete, we shall send the user an email confirming the order and its shipment, or rejection of the order.
13. SHIPMENTS
Playmarket products are shipped by:
- SEUR and SOUTO courier company.
Currently, you can buy at www.playmarket.es from any country, provided that the country of delivery is Spain or Portugal.
Orders shall be shipped to the delivery address you gave us on the form, so it is important to ensure that you have correctly entered this shipping address. We shall not be held responsible if the shipping address is incorrect or incomplete.
You can track the status of your order by requesting this information from us at the email: informacion@play.es.
For safety reasons, Playmarket shall not deliver any orders to PO boxes or military bases, except in the Canary Islands, Ceuta and Melilla, and shall not accept orders when the recipient of the order and his or her address cannot be identified.
If you select PayPal as the payment method, you cannot make any changes to the shipping address once the order is placed, as PayPal requires shipments to be made to the address registered with them.
MAKE SURE you’ve got the correct address registered with PayPal before paying with this method.
14. DELIVERY PROBLEMS
Please notify Play if you have not received an order after 10 business days.
If it is impossible for us to deliver your order, the shipping company will contact you again to agree upon a new delivery date.
When your order is delivered, please check that the order is complete and matches what you ordered. If there is any discrepancy or problem with the order, contact Play at informacion@play.es, leaving your personal details and order number, and describing the discrepancy or problem and we shall get in touch with you as soon as possible to resolve the incident.
15. TRANSFER OF RISK AND OWNERSHIP
The user acquires ownership of the Playmarket products at the time he or she receives shipment confirmation and the product leaves the warehouse. The responsibility for Playmarket products shall be transferred to the user at the time when the order placed has been delivered.
16. CURRENCY, TAX AND PAYMENT METHOD
The prices on our website are shown in euros. Pursuant to legislation in force, all purchases made on our website shall be subject to the value-added tax (VAT) or any other tax or fee applicable in virtue of the destination country or territory. If you are a VAT taxpayer (companies, entities, organisations…) with residence in the European Union and holder of an intra-community tax identification number, you shall be exempt from paying VAT (not applicable for sales made in Portugal). You must send us this document by email to informacion@play.es.
According to Spanish regulations, we are obligated to issue an invoice for orders greater than € 3000 (VAT included). Other destinations shall be subject to legislation in force there.
Shipping costs will be added to the purchase summary before making payment, except when there is a shipping deal included at the time you make payment. Play reserves the right to modify the prices shown on the website without prior notice.
The product prices shall be that which is set out at any given time on our website, except when there is a clear error. Despite the fact that we try to ensure that all prices on the website are correct, mistakes can happen. If we discover an error in the price of the products you bought, we shall notify you as soon as possible and give you the option to reconfirm your order at the correct price or cancel it. If we cannot manage to contact you, the order shall be considered cancelled and the amounts you have paid shall be entirely reimbursed.
We shall not be obliged to supply you with the products at the lower and incorrect price (even if we have sent you the Shipping Confirmation) if the error in the price is obvious and unmistakable and could have reasonably been recognised by you as an incorrect price.
The rights recognised by current legislation in force remain unaffected.
Play accepts debit and credit card payments (Visa, Visa Electron, Mastercard and Maestro) via the payment gateway of Sabadell Atlántico and/or PayPal (if you would like to pay by bank transfer, you can do so via the PayPal payment system and later select this method).
To protect the safety of payment by credit or debit card, we use secure payment systems. Confidential and encrypted (SSL) payment data are transmitted directly to the financial entity. When paying on the secure payment gateway, the system shall automatically verify that the credit card is activated for Secure Electronic Commerce. After this, it will connect to the card’s issuing bank, which shall authorise the transaction.
For payments made by transfer via PayPal, the order shall not be confirmed until the payment has been received in our account. If we have not received the deposit after five days, we shall cancel the order.
Play complies with the regulations required by the different payment methods with which the purchase can be made.
Play reserves the right to verify personal data and adopt the timely measures so that the goods are delivered correctly.
17. RETURN POLICY
Playmarket products must be returned in the same condition in which you received them, along with their complete original packaging, labels and with any accessories you received with them. Customers shall be responsible for proving that they returned the items, so we recommend that you always ship them with a company that certifies delivery for your safety. We shall not be held liable for losses, delays or shipments to wrong addresses of any product that you wish to return to us.
If the return does not meet the terms set out, you shall not have the right to any reimbursement and we will send Playmarket products cash on delivery. If the recipient of Playmarket products is different than the person who made payment, the money shall be reimbursed to the person who made the payment. The Playmarket products must be returned in a single shipment. We reserve the right to not accept Playmarket products that belong to a single order that are returned and delivered at different times. After verifying that the Playmarket products returned meet all the specifications of the Return Policy, we shall send you an email notifying you that your return has been accepted. Whatever payment method you used, the return of the amount shall be undertaken as quickly as possible.
You shall be responsible for the costs of returning the product and we shall never accept returns sent via collect on delivery. We shall never reimburse shipping costs in any case.
Changes and returns within other online purchase shops are not permitted.
The period in which to make the return is 15 days.
To return an order, you should send Playmarket products to this address:
PLAY, SA
Post-sales Dept.
Pol. Ind. de Caldes,
Ronda Boada Vell, 6, 08184 in Palau-solità i Plegamans
Barcelona (Spain)
18. RETURNS OF DEFECTIVE PRODUCTS
If you receive the wrong order or a defective product, please contact us at your earliest convenience at the email informacion@play.es, describing the error or defect and providing your personal details. The period in which to undertake the return is 30 days. If there are problems with the packaging, please notify the courier company at the time you receive the product.
We shall carefully inspect the returned product and send you an email within a reasonable period if the product return or replacement is approved (as applicable). The return or replacement of the item or items shall be executed as quickly as possible and always within a 30-day period from the date on which we sent you an email confirming that the return or replacement of the noncompliant product would be accepted.
The amounts paid for the products returned due to an imperfection or defect, when they do actually exist, shall be wholly reimbursed, including the shipping costs incurred to deliver the item and the costs that you incurred to return them to us. The refund will be made by the same method used to pay for the order.
The rights recognised by current legislation in force remain unaffected.
19. GIFT OPTION
We offer you the possibility of you making a purchase and us sending it as a gift via our website. You simply make the purchase like you would normally do, select the shipping address where you want us to send the product, and tick the option of sending a gift. You can also write a personalised message to the recipient.
If you provide personal data of third parties, you assure us that you have the authorisations needed for their processing. You are also obliged to notify these third parties of the terms and conditions for processing their data. If you receive a gift item, to make a change or return, you shall have to follow the regular procedure set out in our Return Policy. The amount of the return shall be reimbursed to the person who made the purchase and in the same payment method used.
20. PURCHASE LIMITS
For security reasons, you cannot place orders greater than € 3000 or that contain more than 50 items within a 15-day period. If you are interested in making purchases greater than this amount or number of items, please contact our Customer Service at the email: informacion@play.es.
21. PRODUCT GUARANTEES AND INFORMATION
The products we present on our website are carefully selected from our collection. We have taken meticulous care in displaying the colours and characteristics of our products with great precision. Of course, each monitor is calibrated differently and we cannot guarantee that your monitor displays the colours with complete exactitude. The company reserves the right to make modifications to the product without prior notice.
22. LIABILITY AND EXEMPTION FROM LIABILITY
Nothing in these purchase conditions excludes or limits our liability due to (1) death or personal damages caused by our negligence, (2) fraudulent statements, (3) any other liability that cannot be limited or excluded by applicable law.
Subject to the previous paragraph and to the degree permitted by law, we shall not be held liable for financial losses (including loss of earnings, data, benefits, contracts, business or foretold savings) or for the loss of good will or reputation or losses for special or indirect damages that you suffer or incur that arise from or are connected to these Conditions.
The terms of this section does not affect your legal rights as a consumer or your right to withdraw from the contract.
23. EVENTS OUTSIDE OF OUR CONTROL
We shall not be held liable for any breach or delay in compliance with any of the obligations we take on with regard to a contract, whose cause is due to events outside of our reasonable control (‘Causes of Force Majeure’).
Causes of Force Majeure shall include any action, event, lack of exercise, omission or accident that is outside of our reasonable control and especially shall include (with no limitation):
– Strikes, employee lockouts or other industrial actions
– Civil commotion, revolt, invasion, terrorist attack or threat, war (whether or not it is declared) or threat or preparations for war
– Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural catastrophe
– Impossibility to use trains, boats, airplanes, motor transport or other means of transport, public or private
– Impossibility to use private or public telecommunication systems
– Acts, decrees, legislation, regulations or restrictions by other governments
Our obligation of compliance in virtue of a contract shall be understood as suspended during the period while the Cause of Force Majeure continues, and we shall have an extension in the period in which to comply with our obligation while this period lasts. We shall apply all reasonable measures so that the Cause of Force Majeure ends or that a solution is found by means of which we can comply with our obligations in virtue of the contract and despite the Cause of Force Majeure.
24. DATA, REGISTRATION, SECURITY AND CONFIDENTIALITY
USE OF COOKIES
The website uses cookies, which are small data files created on the user’s computer, with the aim of optimising the user’s browser experience, adapting the design of the website and improving its contents, with the final goal of users having a more satisfactory service.
Origen: Google Analytics
Name: (i) _utma, (ii) _utmb, (iii) _utmc.
Purpose: They collect anonymous information on the number of times a user visits the website, calculate the start time of the session and whether it should remain open, log the origin of the visits and other similar statistical data.
To use the website, the installation of cookies is necessary, which always collect totally anonymous information. Despite this, the user may change his or her browser settings to block them and, where applicable, delete them. However, if this setting is selected, you may not be able to access certain parts of the website or take advantage of some of our services. Unless you have changed your browser settings to reject cookies, our system will create cookies when you connect to our website.
It is advisable to say how the settings are changed.
Linked websites such as the payment platform or the training platform may also use cookies to enable the security features that intervene in access control to the restricted areas and browsing in general. The company, Play SA, pledges to process your personal data with absolute confidentiality, using them exclusively for the purposes set out. Play herein notifies you that it has implemented the technical and organisational security measures necessary to guarantee the security of your data and prevent their alteration, loss, unauthorised processing and/or access, bearing in mind the state of technology, the nature of the stored data and the risks to which they are exposed, whether they come from human action or from the physical or natural environment, pursuant to the terms of Article 9 of the LOPD and its implementing regulation approved by Royal Decree 1720/2007 of 21 December.
There are functionalities on the website whose access requires previous registration. This will provide you with access to ‘My account’, where you can see personal data, shipping addresses, the status of your order, etc. Just by entering your email and password, every time you access these functionalities, our system shall recognise your data, thus making your experience on our website easier and more agile.
At Play, we are concerned about security and about guaranteeing and protecting our customers’ privacy. That is why we assure you that the processing of your data is done under high security levels.
Credit card transactions are transmitted via a secure SSL server (secure socket layering). When the letters ‘http’ change to ‘httprstshp_’, the ‘s’ means that you are in an SSL area, or your browser can also inform you of the site’s security via a pop-up message. SSL encrypts personal information by data transport.
To access specific functionalities on the website such as the online shop, you must provide us with your personal data. By including this information, you guarantee us that it is your true identity and that all the information you provide us is truthful, exact, up-to-date and complete at the time that you provide said information.
The personal data that you have provided us voluntarily shall be added to a file owned by Play, SA, which shall be used to manage your registration as a user, notify you of Playmarket products and Playmarket promotions via the email account that you provided us and to manage the purchase process if you should buy any of the products from our online shop.
Play, SA, with registered office at the Pol. Ind. de Caldes, Ronda Boada Vell, 6, 08184 in Palau-solità i Plegamans, Barcelona (Spain), as the file manager, pledges to respect the confidentiality of your personal data. To exercise your rights to access, rectify, erase and object, you should send a written communication to informacion@play.es, or send a letter, enclosing a copy of your identification card, addressed to this postal address:
PLAY, SA
Post-sales Dept.
Pol. Ind. de Caldes
Ronda Boada Vell, 6, 08184, Palau-solità i Plegamans
Barcelona (Spain)
Processing your registration as a user shall imply your consent to process your data under the terms set out.
If you provide personal data of third parties, you assure us that you have the authorisations needed for their processing. You are also obligated to notify said third parties of the terms and conditions for processing their data. All data you provide shall be added to a file that is the responsibility of the company to process purchase orders, to make browsing easier and facilitate the purchase of Playmarket products and offer you commercial, advertising and/or promotional information. When placing an order, you state that you agree that we can store and process your personal data.
For the best fulfilment of its services, Play is obligated to provide specific data on its customers (name, address, phone number, etc.) To other collaborating companies with the provision of service, without which the service cannot be offered (transport companies, financial entities, etc.). The data that are provided shall always be those that are strictly necessary to comply with that which is contracted. You expressly authorise the assignment of your personal data solely and exclusively for this purpose if necessary for the proper management of your order.
25. APPLICABLE LEGISLATION
The present Conditions shall be governed by Spanish law. For the resolution of any question, discrepancy or divergence that could arise during the compliance with and interpretation of this contract, the Parties shall submit to the Courts and Tribunals of Barcelona.
