1.- INTRODUCTION
This document contains the Conditions that regulate the use of this website hosted under the domain https://play.es, as well as any other that may be determined from time to time and the contract that binds us both, PLAY SA and You – (hereinafter the “Conditions”). These Terms and Conditions set out the rights and obligations of all users (hereinafter “You”/”your”) and those of PLAY (hereinafter “we”, “us” and “our”) in relation to browsing through the website, acquiring the status of User, the rights and obligations associated with such status, as well as commercial transactions and the use of the services contained therein.
By using this website you are bound by these General Conditions, Privacy Policy and Legal Notices, so we recommend that you read these Conditions carefully. If you do not agree to them, you must leave the website.
These Terms and Conditions may be amended at any time, so you should read them before placing each order.
All products offered on https://play.es are sold directly by “PLAY S.A” with registered office in Pol. Ind. de Caldes. Ronda Boada Vell, 6. 08184 Palau-solità de Plegamans. Barcelona (Spain). Company registered in the Mercantile Registry of Barcelona, on 27-12-66, book 949, sec. 2, volume 1511, page 12360, inscripted. 1st. – CIF: A-08209538.
For any kind of query or suggestion, you can send us your comments by email to: informacion@play.es
2.- OWNERSHIP OF THE WEBSITE
All intellectual and industrial property rights of the web domain as well as its contents belong to Play, except for those contents resulting from collaborations where the source is specified. For this reason, no user is authorised to make use of them, or print them, or store them on any physical support in any case other than for their personal and private use. The modification, decompilation or commercial use of any part of it is therefore prohibited.
The use of the contents of the web domain is only authorised for information and service purposes, provided that the source is cited or referenced, and the user is solely responsible for their misuse.
Access to this website does not grant users any right or ownership over the intellectual or industrial property rights or the contents it hosts. Users who access this website may not copy, modify, distribute, transmit, reproduce, publish, assign or sell the aforementioned elements or create new products or services derived from the information obtained without the express written authorisation of Play.
The alteration of the content or structure of this website by the user is strictly prohibited.
Play reserves the right to take appropriate legal action against users who violate or infringe intellectual and/or industrial property rights.
In the event that the user detects any activity likely to infringe any Intellectual or Industrial Property right or any type of right, we request that they notify us through the following email address: informacion@play.es
The information that appears on the website is the one in force on the date of its last update. The company reserves the right to modify the contents of the web domain without prior notice, and may limit or not allow access to this website.
3.- LINKS TO CONTENT
Play reserves the right to block electronic links to the website that do not have prior express authorisation.
In the event that the website contains links to content owned by third parties, Play assumes no responsibility for the information contained in or the information contained therein.
Play will remove any link as soon as it becomes aware by any means of the illegality of its content or that it damages the property or rights of a third party.
4.- CONDITIONS OF USE
These terms 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 terms govern the offer, acceptance of purchase, and shipment of Play products between you and us.
Play offers products exclusively to end users for non-resale purchases.
“End user” means any natural or legal person acting within https://play.es for purposes other than those inherent to the commercial, business or professional activities that they normally carry out.
Play reserves the right not to comply with orders made by subjects other than the end user. Only those end users who have registered on it in accordance with the provisions of these General Terms and Conditions may purchase goods and services marketed through the website.
5.- REQUIREMENTS FOR THE STATUS OF REGISTERED USER
The acquisition of the status of registered user allows you to browse through the restricted access areas that appear on the website, the use of the services for which prior identification is necessary and the acquisition of the Play products that may be offered through it.
Persons of legal age and with full capacity to contract who subscribe to these General Conditions may acquire the status of registered user. The acquisition of the status of registered user implies the reading and express acceptance without any reservation of the integral terms of these General Conditions that he/she declares to have known prior to their acceptance, which may be stored and reproduced by him/her. Registration as a user is an essential requirement for contracting services or acquiring Play products through its online store.
The username and password generated that will allow the user to identify themselves and use the service are strictly personal and confidential. The user will be responsible for maintaining the confidentiality of the same.
Consequently, the user expressly accepts, unless proven otherwise, that we presume that the use of the service made using their identification codes is made by the registered user, unless the latter has previously communicated the loss or theft of the same.
The password may be freely modified by the user, through the procedures that we have established for this purpose. The replaced password will be cancelled as a means of identification, at the same time that the new one is generated.
We may block access to and use of the website when we deem it necessary for security reasons. The Service will be automatically blocked in the event of three successive errors in the entry of user passwords for access or use.
We will take the necessary organizational and technical measures on our computer equipment to ensure proper use of the Service by users and to prevent unauthorized access for the purpose of unauthorized disclosure of the content of the user’s financial information accessible through the Service.
6.- OBLIGATIONS OF THE USER
The user is obliged to:
Communicate to Play all the data necessary for access to and use of the services that require prior identification, which must be truthful, current and in line with reality. The user is obliged to provide their personal data (name, surname, postal address, email and other contact details) in a true and correct manner and consents that we may use this information to contact you if necessary. If you do not provide us with all the information, we will not be able to process your order. In this case, Play will not be liable in any case for possible delays or failures in delivery as a result of the error or omission of this data.
The user may not place any fraudulent, false or speculative order. Play reserves the right to cancel the order and/or inform the relevant authorities if it has reasonable grounds to consider it as such.
By placing an order on this website, you warrant to us that you are over 18 years of age and that you have the legal capacity to enter into binding contracts.
Adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password, as well as immediately notify Play of the loss, misplacement, theft, theft or illegitimate access to your username, as well as its knowledge by third parties.
Make appropriate use of the Services included on the website, always in accordance with the legal system.
Not to carry out any activity that hinders or interferes with the operation of the Services included in the website.
To the payment of the Play products that you have contracted through the website and to the shipping and collection management costs, if any.
7.- NOTIFICATIONS
Some of the information or communications we send to you will be in writing, as required by applicable law, therefore by using this website, you agree that most communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. Accordingly, you consent to the use of this electronic means of communication and acknowledge that any contract, notice, information and other communications that we send to you electronically comply with the legal requirements to be in writing. This condition shall not affect your rights recognized by law. We may send you communications either by email or to the postal address provided by you when placing an order. Notices shall be deemed to have been received and properly given at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the postage date of any letter.
8.- COVERAGE OF THE OFFER
The Play products offered through this website are available only for distribution in Spain (including Ceuta and Melilla and the Canary Islands) and Portugal. However, they can be hired from anywhere in the world.
9.- CONTRACT WITH PLAY AND ACCEPTANCE OF ORDERS
The content on our website is an invitation to do business. Until your order is accepted by us (even if it has already been charged to your account) no contract will exist between you and us. If your order is not accepted and we have already charged you, the amount will be refunded in full.
After clicking on “I confirm my order” you will receive an email as an acknowledgement of receipt. This does not imply that the order has been accepted, as it is an offer you make to us to make a purchase. Orders are subject to our checking and acceptance. We will confirm acceptance by sending you an email informing you that the order is being shipped (Dispatch Confirmation). Only at this point will the Contract between You and us be concluded.
Only the Playmarket products listed in the Dispatch Confirmation will be subject to contract. We will not be obliged to supply you with any other products that may have been ordered, until we confirm the dispatch of the same to you in a separate Dispatch Confirmation.
Play may refrain from placing orders that do not provide sufficient guarantees of creditworthiness, or that prove to be incomplete or incorrect, or in the event that Play products are unavailable, without liability to you or any third party. In any case, we undertake to inform you and if we have already charged you the amount of the order, we will proceed to refund the amount you have advanced.
10.- WITHDRAWAL FROM THE CONTRACT
The user will have fourteen (14) days from the delivery of the contracted products to withdraw from the contract. You will be refunded the amount for such Play products, including delivery costs, in accordance with our Return Policy. Under no circumstances will we refund your shipping costs.
The right of withdrawal will apply as long as the Play products are returned in the same condition in which you received them, together with their complete original packaging, labels and together with any accessories related to them.
We will determine if the Play products are in the same condition in which they were shipped to you. Products that have been returned damaged, incomplete, damaged, used or dirty due to the customer’s fault will not be refunded and will be made available to their sender and resent with freight collected.
To exercise your right of withdrawal, we invite you to follow our Returns Policy.
11.- AVAILABILITY OF PRODUCTS
You agree that the products offered by Play in your online store are subject to stock limits. All orders for Play products are subject to availability. If any product is not available after the order has been placed, we will inform you as soon as possible. At that time you can modify your order or cancel it.
Play reserves the right to modify the products offered on the website at any time without notice.
12.- PURCHASE PROCEDURE
The following procedure has been established for the purchase through the Play website https://play.es which can be made in Spanish.
The user must access the Online Store hosted on the website www.playmarket.es where the Play products that can be purchased through the aforementioned channel are listed with the following information:
a) Description of the product, reference, characteristics, colours and photograph.
b) Price per unit.
c) Shipping costs, if any.
d) Conditions of validity of the offer, if applicable.
e) Right of withdrawal and return policy
Once the Play product or products have been chosen, the user must add to the bag included on the website, indicating the units they wish to purchase. Once the chosen Playmarket products have been incorporated into the shopping bag, the user will be able to access the summary of the purchase that must be accepted by clicking on the “Confirm” key, where the following information is detailed:
a) Product.
b) Description.
c) Add to Favorites.
d) Quantity.
e) Unit Price.
f) Total price of each of the Play products purchased.
g) Total purchase price.
h) Shipping costs.
If the user has a promotional code, it must be included at that time to benefit from the conditions that apply to it.
The user must then provide their data, in the case of a registered user, they must provide the username and password assigned to them. In the event that the user has not previously registered, he/she must create an account on the website.
Once the user has entered their data, they will access Shipment Details, where they can review their shipping and billing details, modify them and request an invoice. Then you will select the payment method and access Shipping Confirmation, if you wish you can choose the option to send the order as a gift and write a card with a message, you will accept the Conditions of Purchase and proceed to accept it by clicking on the button “Confirm my order”
Once the User has proceeded to Confirmation, an email will be sent confirming that we have received your order in which you will be informed of the data corresponding to the purchase order placed. We will also proceed to analyze the purchase order to determine if it meets all the requirements for processing. Once the check has been carried out, we will send you an email confirming the order and its shipment or its denial.
13.- SHIPMENTS
Play products are shipped through:
• Courier company TRANSAHER and SZENDEX.
Currently it can be purchased in https://play.es from any country as long as the country of delivery is Spain or Potugal.
Orders will be sent to the delivery address you have given us in your form, so it is important that you pay attention when filling in the delivery address details. We will not be held responsible in the event of incorrect or incomplete delivery address.
You can track the status of your order by requesting this information from us via email: informacion@play.es
For security reasons, Play will not ship any orders to PO boxes or military bases except for those to the Canary Islands, Ceuta and Melilla, nor will Play accept any orders where it is not possible to identify the recipient of the order and their address.
If you choose PayPal as your payment method, once the order has been placed, it is not allowed to make any type of change to the shipping address, as PayPal requires that the shipment be made to the address registered with them.
MAKE SURE you have the correct address registered on PayPal before making the payment by this means.
14.- PROBLEMS IN DELIVERY
You must notify Play of non-receipt of orders for more than 10 business days.
If we are unable to deliver, the courier company will contact you again to arrange a new delivery date.
When your order is delivered to you, you must check that everything is in accordance with what you requested. If there is any discrepancy or problem with the order, you must contact Play at email informacion@play.es, leaving us your personal details and order number reflecting the discrepancy or problem and we will contact you shortly to solve the incident.
15.- TRANSFER OF RISK AND OWNERSHIP
The user acquires ownership of the Play products at the time they receive the shipping confirmation and the product leaves the warehouse. Responsibility for Play products will be transferred to the user at the time of delivery of the order placed.
16.- CURRENCY, TAXES AND FORM OF PAYMENT
The prices on our website are shown in Euros. In accordance with current legislation, any purchase made from our website will be subject to Value Added Tax (VAT) or any other applicable tax or fee under the destination country or territory. If you are a VAT taxpayer (companies, entities, organizations…) with residence in the European Union and with an intra-community NIF, you will be exempt from paying VAT (not applicable for sales made in Portugal), being an essential condition that you send this document by e-mail to: informacion@play.es.
According to Spanish regulations, we are obliged to issue an invoice for orders over €3,000 (VAT included) In relation to other destinations, the legislation in force in them will be followed.
Shipping costs will be added to the purchase summary, before making the payment, unless at the time of making said payment there is a shipping offer included.
Play reserves the right to change the prices displayed on the site without notice.
The price of the products will be as stipulated at any time on our website, except in the case of manifest error. Although we try to ensure that all prices listed on the site are correct, errors may occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and you will be refunded in full for any amounts paid.
We will not be obliged to supply the product(s) to You at the incorrect lower price (even if We have sent You the Dispatch Confirmation) if the error in the price is obvious and unambiguous and could reasonably have been recognised by You as an incorrect price.
The rights recognised by current legislation are safeguarded.
Play accepts payments by credit or debit card (Visa, Visa Electron, Mastercard and Maestro) through the payment gateway of the entity SabadellAtlántico and/or PayPal (if you wish to make the payment by bank transfer you must do so through the PayPal payment system and then select that modality).
To protect the security of payment by credit or debit card, we use secure payment systems. Confidential payment data is transmitted directly and in encrypted form (SSL) to the financial institution. When making the payment through a secure payment gateway, the system will automatically verify that the credit card is activated for Secure E-Commerce. Then it will connect with the issuing bank, which will authorize the operation.
For transfer payments via PayPal, the order will not be confirmed until our account has been debited. If after the period of five days we have not received the payment, we will proceed to cancel the order.
Play complies with the regulations required by the different payment methods with which it is possible to make the purchase.
Play reserves the right to check personal data and take appropriate measures to ensure that the goods are correctly delivered.
17.- RETURN POLICY
Play products must be returned in the same condition in which you received them, together with their complete original packaging, labels and together with any accessories related to them. The customer will be responsible for proving that the items have been returned so we recommend that they are always sent by a system that certifies delivery for their safety. We will not be liable for loss, delay or misdirected shipment of any product you wish to return to us.
If your return does not comply with the stipulated terms, you will not be entitled to receive any refund and we will send you the Play products with freight collected.
If the recipient of Play products is different from the person who made the payment, the money will be refunded to the person who made the payment.
Returned Play products must be shipped in a single delivery. We reserve the right not to accept Playmarket products that belong to a single order, returned and delivered at different times. Once we verify that the Play products you return to us meet all the specifications of the Return Policy, we will send you an email informing you that the return has been accepted. Whatever payment system you use, the refund will be implemented as soon as possible.
You will be responsible for the costs of returning the product and in no event will we accept returns sent with freight collected. Under no circumstances will we refund your shipping costs.
Exchanges and returns are not allowed in online shopping stores.
The deadline for making the return is 15 days.
To make a return you must send us the Play products to the following address:
PLAY S.A.
Aftermarket Dept.
Pol. Ind. de Caldes.
Ronda Boada Vell, 6. 08184 Palau-solità de Plegamans.
Barcelona (Spain).
18.- RETURNS OF DEFECTIVE PRODUCTS
If you receive an incorrect order or defective product, please contact us as soon as possible, at the following email address: informacion@play.es, indicating the error or defect together with your personal data. The deadline for making the return is 30 days.
In the event of problems with the packaging, you must notify the courier company at the time of receipt of the order.
We will carefully examine the returned product and will notify you by e-mail within a reasonable time if it is appropriate to return or replace it (if applicable). The return or replacement of the item will be made as soon as possible and, in any case, within 30 days from the date on which we send you an email confirming that the return or replacement of the non-conforming item is appropriate.
Amounts paid for products that are returned due to a defect or defect, where it actually exists, will be refunded to you in full, including the delivery costs incurred in delivering the item to you and the costs you would have incurred in returning it to us. The return will be made in the same way as it was used to pay for the purchase.
The rights recognised by current legislation are safeguarded.
19.- PURCHASE LIMITS
For security reasons, you may not place orders over €3,000 or containing more than 50 items within 15 days. If you are interested in making purchases over this amount or quantity, we invite you to contact our customer service via e-mail: informacion@play.es
20.- GUARANTEES AND PRODUCT INFORMATION
The products we present on our website are a careful selection from our collection. We have taken special care to display the colors and features of our products with great accuracy. Of course, each monitor’s calibration is different, and we cannot guarantee that your monitor will display colors accurately. The company reserves the right to make modifications to the product without prior notice.
21.- LIABILITY AND EXONERATION OF LIABILITY
Nothing in these conditions of purchase excludes or limits our liability for (1) death or personal injury caused by our negligence, (2) fraudulent misrepresentation, (3) any other liability which cannot be limited or excluded by applicable law.
Subject to the preceding paragraph and to the extent permitted by law, we will not be liable for any economic losses (including loss of revenue, data, profits, contracts, business or anticipated savings) or loss of goodwill or reputation or for losses for special or indirect damages suffered or incurred by you arising out of or in connection with these Terms.
The provisions of this section do not affect your statutory rights as a consumer, nor your right to withdraw from the contract.
22.- EVENTS BEYOND OUR CONTROL
We will not be liable for any failure or delay in performance of any of our obligations under a Contract, which is caused by events beyond our reasonable control (“Force Majeure Event”).
Force Majeure Events shall include any act, event, failure to exercise, omission or accident which is beyond our reasonable control and shall include in particular (without limitation) the following:
– Strikes, lockouts or other industrial action.
– Civil commotion, riot, invasion, terrorist attack or terrorist threat, war whether declared or not) or threat or preparations for war.
– Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
– Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
– Impossibility of using public or private telecommunications systems.
– Acts, decrees, legislation, regulations, or restrictions of other governments.
Our obligation to perform under any Contract shall be deemed to be suspended for the period in which the Force Majeure Event continues, and we shall have an extension of time to perform our obligation for the duration of such period. We will use all reasonable endeavours to bring the Force Majeure Event to an end or to find a solution whereby we can perform our obligations under the Contract notwithstanding the Force Majeure Event.
23.- DATA, REGISTRATION, SECURITY AND CONFIDENTIALITY
USE OF COOKIES
The Website uses cookies, small data files that are generated on the user’s computer, in order to allow them to optimise navigation, adapt the design of the page and improve its contents, with the ultimate aim of providing users with a more satisfactory service.
Source: Google Analytics
Name: (i) _utma, (ii) _utmb, (iii) _utmc.
Purpose: They collect anonymous information about the times a user visits the site, calculate the start of the session and whether it should be kept open, record the origin of the visits and other similar statistical data.
In order to use this Website, it is necessary to install cookies, which in any case collect completely anonymous information. Despite this, the user will be able to configure their browser to block them and, if necessary, delete them. However, if you select this setting, you may not be able to access certain parts of the Website or take advantage of any of our services. Unless you have adjusted your browser settings to reject cookies, our system will produce cookies when you connect to our site.
· For more information about MS Explorer click here.
· For more information about Firefox click here.
· For more information about Chrome, click here.
· For more information on Safari click here.
It is advisable to say how the settings are changed.
The linked pages such as the payment platform, or the training platform, may also use cookies to enable the security elements that intervene in the control of access to restricted areas and browsing in general.
The company, Play SA, undertakes to treat your personal data in an absolutely confidential manner, making use of them exclusively for the purposes indicated, and informs you that it has implemented the necessary technical and organisational security measures to guarantee the security of your data and prevent its alteration, loss, processing and/or unauthorised access. taking into account the state of technology, the nature of the data stored and the risks to which they are exposed, whether they come from human action or from the physical or natural environment, in accordance with the provisions of Article 9 of the LOPD and its implementing regulations approved by Royal Decree 1720/2007, of 21 December.
There are functionalities on the website for which access is necessary to register in advance. This will make it easier for you to access “my account” where you can see personal data, shipping addresses, status of your order, etc. This will allow that every time you access these functionalities, just by entering your email and password, our system will recognize your data and thus your experience on the website will be more agile and simple.
At Play, we care about security and ensuring and protecting the privacy of our customers. For this reason, we guarantee that the processing of your data is carried out under high levels of security.
Credit card transactions are transmitted through a secure SSL (Secure Socket Layering) server. When the letters “http” change to “httprstshp_,” the “s” means you’re 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 transporting data.
In order to access certain functionalities of the website such as the online store, it will be necessary for you to provide us with your personal data. By including such information you warrant to us that it is your true identity, all information you provide to us is true, accurate, current and complete at the time you provide the information to us.
The personal data that you have voluntarily provided us with will be incorporated into a file owned by Play SA. that will be used to manage your registration as a user, inform you of Playmarket products and Playmarket promotions through the email account you have provided us with and manage the purchase process in the event that you purchase any of the products from our online store.
Play SA. with address in Pol. Ind. de Caldes. Ronda Boada Vell, 6. 08184 Palau-solità de Plegamans. Barcelona (Spain), as the party responsible for the file, undertakes to respect the confidentiality of your personal information. To exercise your rights of access, rectification, cancellation and opposition, you must send a written communication to (informacion@play.es) or by letter, accompanied by a copy of your ID card, addressed to the following postal address:
PLAY S.A.
Aftermarket Dept.
Pol. Ind. de Caldes.
Ronda Boada Vell, 6. 08184 Palau-solità de Plegamans.
Barcelona (Spain).
Processing your registration as a user will presume your consent to process the data in the terms indicated.
In the event that you provide personal data of third parties, you guarantee that you have the necessary authorisations for its processing. Likewise, you are obliged to inform these third parties of the terms and conditions of the processing of your data.
All the information provided by you will be incorporated into a file under the responsibility of the company to process purchase orders, to facilitate the navigation and purchase of Play products and to offer you commercial, advertising and/or promotional information. By placing an order, you agree that we may store and process your personal data.
In order to better comply with its services, Play is obliged to provide certain data of its customers (name, address, telephone number, etc.) to other companies collaborating with the provision of the service, without which the service could not be offered. (carriers, financial institutions, etc.). In all cases, the data provided are those strictly necessary to comply with the contract. You expressly authorise the transfer of your personal data solely and exclusively for this purpose if it is necessary for the correct management of your order.
24.- APPLICABLE LEGISLATION
These conditions will be governed by Spanish law. For the resolution of any doubt, discrepancy or divergence that may arise in the fulfilment and interpretation of this contract, the parties submit to the Courts and Tribunals of Barcelona.
Â
