GENERAL CONTRACTING CONDITIONS

GENERAL INFORMATION

The ownership of this website, http://funatic.es (hereinafter Website) is held by Segri Oci, SA, provided with NIF A25518622, and registered in the Mercantile Registry of Lleida, and its registration details are: Volume 800 - Folio 212 - Sheet L-15428, and whose contact information is: Francesc Roigé Llanses - C /. Pi i Margall, 26, basses - 25004 Lleida - phone. +34 973223280 - e_mail: pacoroige@funatic.es

This document (as well as all other documents mentioned here) regulates the conditions governing the use of this Website (Funatic Hobby) and the purchase or acquisition of products and / or services therein (hereinafter, Conditions ).

For the purposes of these Conditions, it is understood that the activity that Funatic Hobby carries out through the Website includes:

Retail sale of Leisure items related to Hobby and Collecting, such as :

-  Hanging pictures, Pop Art style

-  2D and 3D puzzles

-  Figures and other objects made from mini-blocks to assemble

-  Synthetic leather animal figures, for decorative purposes

-  Other objects of hobby and collecting

In addition to reading these Conditions, before accessing, browsing and / or using this website, the User should have read the Legal notice-Conditions of Use, including, the Cookies Policy, and the Privacy Policy of Funatic Hobby.

By using this Website or by making and / or requesting the acquisition of a product and / or service through it, the User agrees to be bound by these Conditions and by all the aforementioned, so if you do not agree with everything therefore, you should not use this Website.

Likewise, it is informed that these Conditions could be modified. The User is responsible for consulting them each time he accesses, browses and / or uses the Website since those that are in force at the time the purchase of products and / or services is requested.

For all questions that the User may have in relation to the Conditions, they can contact the owner using the contact information provided above or, where appropriate, using the contact form.

1.   THE USER

Access, navigation and use of the Website, confers the status of user (hereinafter referred to, indistinctly, individually as a User or jointly as Users), for which reason, all navigation is accepted from the start of the Website. the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory compliance according to the case.

The User assumes his responsibility for a correct use of the Website. This responsibility will extend to :

      Make use of this Website only to make legally valid inquiries and purchases or acquisitions.

      Do not make any false or fraudulent purchase. If such a purchase could reasonably be considered to have been made, it could be canceled and the relevant authorities would be informed.

      Provide truthful and lawful contact information, for example, email address, postal address and / or other data (see Legal notice-Conditions of Use).

The User declares to have legal capacity to enter into contracts through this Website.

The Website is mainly aimed at Users residing in Spain and some countries of the European Community (EC). Segri Oci, SA does not guarantee that the Website complies with the laws of other countries, either totally or partially.

Likewise, it declines any responsibility that may derive from said access, nor does it guarantee shipments or the provision of services outside of Spain and countries of the European Community (EC).

The User may, at his choice, formalize with the company Segri Oci, SA the contract of sale of the desired products and / or services in any of the languages ​​in which these Conditions are available on this Website.

2.   PURCHASE OR ACQUISITION PROCESS

The duly registered Users can buy on the Website by the established means and forms. They must follow the online purchase and / or acquisition procedure of “funatic hobby”, during which various products and / or services can be selected and added to the cart, basket or final purchase space and, finally, click on "PROCEED TO CHECKOUT".

Likewise, the User must fill in and / or check the information requested at each step, although, during the purchase process, before making the payment, the purchase data can be modified.

The purchase will be fully consolidated by clicking on "ORDER WITH AN OBLIGATION TO PAY"

Subsequently, the User will receive an email confirming that Segri Oci, SA has received their order or request to purchase and / or provide the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through their personal connection space to the Website.

Once the purchase procedure has concluded, the User agrees that the Website generates an electronic invoice that will be sent to the User through email. And, where appropriate, through your personal connection space to the Website. Likewise, the User can, if they so wish, obtain a copy of their paper invoice, requesting it from Segri Oci, SA using the contact spaces of the Website or through the contact details provided above.

The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, where appropriate, image of it on its page of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, way in which they will be carried out and / o cost of benefits; and acknowledges that placing the purchase or acquisition order materializes full and complete acceptance of the particular conditions of sale applicable to each case.

Unless expressly stated otherwise, Segri Oci, SA is not the manufacturer of the products sold or that could be marketed on the Website.

Although Segri Oci, SA makes great efforts to ensure that the information displayed on the Website is correct, sometimes the packaging and / or the materials and / or components of the products may contain additional or different information than that which appears in the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labeling, warnings and / or instructions that accompany the product.

The communications, purchase orders and payments that intervene during the transactions carried out on the Website could be filed and kept in the computerized records of Segri Oci, SA in order to constitute a means of proof of the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in force that in this regard are applicable, and particularly in accordance with the LOPD and the rights that assist Users according to the privacy policy of this Website ( Legal notice-Conditions of use ).

3.   AVAILABILITY

All purchase orders received by Segri Oci, SA through the Website are subject to the availability of the products and / or that no circumstance or force majeure (clause nine of these Conditions) affects their supply and / or or to the provision of services. If there are difficulties regarding the supply of products or there are no products in stock, Segri Oci, SA undertakes to contact the User and refund any amount that may have been paid as an amount. This will be equally applicable in the cases in which the provision of a service becomes unfeasible.

4.   PRICES AND PAYMENT

The prices displayed on the Website are final, in Euros (€) and include taxes, unless, by legal requirement, especially in relation to VAT, a different matter is indicated and applied.

The shipping costs, in general, are added to the Total Price of the products purchased (except for certain offers, or when otherwise indicated at the time of purchase) and, therefore, are included in the final prices of the purchase, as shown in the Total Amount of the "shopping cart" of the Website at the time of making this purchase, so that the User must never make additional payments to the Carrier when receiving the products purchased. Thus, Segri Oci, SA performs delivery and / or shipping services through National Transport and / or Parcel Agencies. The Website must inform the User about each shipment, also providing the carrier's contact details and the monitoring of said shipment.

In no case will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen when formalizing the order.

Prices may change at any time, but possible changes will not affect orders or purchases for which the User has already received an order confirmation.

The accepted means of payment will be: Credit or debit card, and Bank Transfer..

Credit cards will be subject to checks and authorizations by the issuing bank, if said entity does not authorize payment, Segri Oci, SA will not be responsible for any delay or failure to deliver and may not formalize any contract with the user.

Once Segri Oci, SA receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The charge on the card will be made at the time the confirmation of shipment and / or confirmation of the service provided in the form and, where appropriate, established place is sent to the User.

In any case, by clicking on "ORDER WITH AN OBLIGATION TO PAY", the User confirms that the payment method used is his or that, in his case, he is the legitimate holder of the gift card or credit card.

Purchase or purchase orders in which the User selects the bank transfer as the means of payment will be reserved for 5 calendar days from the order confirmation to allow sufficient time for the bank transfer to be taken into account by the system. of payments used by Segri Oci, SA for the Website. When the system receives the transfer, the order will be prepared and managed for shipment.

Through this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and the transfer reference. In the event of an error, Segri Oci, SA will not be able to validate the order, which will be canceled.

5.   DELIVERY

In the cases in which it is appropriate to make the physical delivery of the contracted goods, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands) and certain countries of the European Community (EC).

Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the personalization of the products, the purchase order consisting of the related products in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 10 calendar days from the date of the order confirmation.

If for any reason attributable to you, Segri Oci, SA is unable to meet the delivery date, it will contact the User to inform them of this circumstance and, the latter may choose to proceed with the purchase by establishing a new delivery date or to cancel the order with a full refund of the price paid.

In any case, home deliveries are made on working days.

If it is impossible to deliver the order due to the absence of the User, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.

If the User is not going to be at the place of delivery in the agreed time slot, he must contact Segri Oci, SA to arrange the delivery at another time or on another day.

In the event that 15 days elapse after your order is available for delivery, and it has not been delivered for reasons not attributable to Segri Oci, SA, Segri Oci, SA will understand that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, except for the additional costs resulting from the User's own choice of a delivery method different from the less expensive method of ordinary delivery offered by the Website, without any undue delay and, in any case, within a maximum period of 15 days from the date it is considered resolved.

However, the User must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on to them.

For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.

The risks that the products may derive will be borne by the User from the time of delivery. The User acquires ownership of the products when Segri Oci, SA receives full payment of all amounts due in relation to the purchase or purchase made, including shipping costs, or at the time of delivery, if it takes place at a time after full receipt of the amount to be paid by Segri Oci, SA.

In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that which is legally in force at any given time depending on the specific article in question.

6.    TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that in the event that he detects that an error has occurred when entering the necessary data to process his purchase request on the Website, he may modify them by contacting Segri Oci, SA through the spaces of contact enabled on the Website, and, where appropriate, through those enabled to contact the customer service, and / or using the contact information provided in the first clause (General information). Likewise, this information could also be corrected by the User through his personal connection space to the Website where he made the purchase.

In any case, the User, before clicking "PASS BY CASH", has access to the space, cart, or basket where their purchase requests are written down and can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use to obtain more information on how to exercise their right of rectification as established in Organic Law 15/1999, of December 13, on Data Protection of Personal character.

7.   RETURNS

In the cases in which the User purchases products on or through the website of the owner, they are assisted by a series of rights, as listed and described below :

Right of Withdrawal

The User, as consumer and user, makes a purchase on the Website and, therefore, the right to withdraw from said purchase within 14 calendar days without the need for justification.

This withdrawal period will expire 14 calendar days from the day the User or a third party authorized by it, other than the carrier, acquired material possession of the goods purchased on the Segri Oci, SA Website or in the event that the goods that make up your order are delivered separately, within 14 calendar days of the day the User or a third party authorized by it, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.

To exercise this right of withdrawal, the User must notify their decision to Segri Oci, SA. You can do it through the contact spaces enabled on the Website or through :

e-mail : administracion@funatic.es  (Subject: Funatic Hobby Returns)

certified mail :  Segri Oci, SA (Funatic Hobby Returns) – C/. Pi I Margall, 26 – 25004 Lleida - Spain

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Segri Oci, SA makes available to them as a part attached to these Conditions, however, its use is not mandatory.

To comply with the withdrawal period, it is sufficient that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.

In the event of withdrawal, Segri Oci, SA will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a shipping method other than the least expensive mode offered on the Website. ) without any undue delay and, in any case, no later than 14 calendar days from the date on which Segri Oci, SA is informed of the decision to withdraw by the User.

Segri Oci, SA will reimburse the User using the same payment method that it used to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. However, Segri Oci, SA may withhold said refund until it has received all the products or items purchased and has checked their condition, in order to verify that they are in the same state of conservation as when they were sent.

The User can return or send the products to Segri Oci, SA at :

Segri Oci, SA (Funatic Hobby Returns) – C/. Pi I Margall, 26 – 25004 Lleida - Spain

 And it must do so without any undue delay and, in any case, no later than within 14 calendar days from the date on which Segri Oci, SA was informed of the decision to withdraw.

The User acknowledges that they must assume the direct cost of returning (transportation, delivery) of the goods, if any are incurred. In addition, it will be responsible for the decrease in value of the products resulting from handling other than that necessary to establish the nature, characteristics and operation of the goods.

The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalized products; products that may deteriorate or expire quickly; Music or video CDs / DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

n this same sense, the provision of a service that the User may contract on this Website is governed, since this same Law establishes that the Right of withdrawal to Users will not be present when the provision of the service has been fully executed, or when it has begun , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by Segri Oci, SA, they will have lost their right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same conditions in which they were delivered or that have suffered any damage after delivery.

Likewise, the products must be returned using or including all their original packaging, the instructions and other documents that accompany them, as well as a copy of the purchase invoice.

In the following link you can download the Model withdrawal form :

WITHDRAWAL FORM

Return of defective products or shipping error

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, he should contact Segri Oci , SA immediately and let you know the existing disagreement (defect / error) by the same means or by using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed on how to proceed with the return of the products, and these, once returned, will be examined and the User will be informed, within a reasonable time, if the refund or, where appropriate, the replacement thereof.

The refund or replacement of the product will be made as soon as possible and, in any case, within 10 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item or items is appropriate.

The amount paid for those products that are returned due to a defect, when it really exists, will be fully refunded, including delivery costs and the costs that the User could have incurred to make the return. The refund will be made by the same means of payment that the User used to pay for the purchase.

In any case, it will always be the rights recognized in the current legislation at all times for the User, as a consumer and user.

Warranty

The User, as a consumer and user, enjoys guarantees on the products that he may acquire through this Website, in the terms legally established for each type of product, responding, therefore, to Segri Oci, SA for the lack of their conformity that is manifested within a period of two years from the delivery of the product.

In this sense, it is understood that the products are in accordance with the contract provided that: they comply with the description made by Segri Oci, SA and possess the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it.

When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Returning defective products or shipping error. However, some of the products that are marketed on the Website, could present non-homogeneous characteristics as long as they derive from the type of material with which they were manufactured, and therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could be the case that the User acquires a brand or manufacturing product on the Website
by a third party. In this case, and considering the User that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his right of legal guarantee directly against them during the two years after the delivery of said products. For this, the User must have kept all the information regarding the guarantee of the products.

8.   DISCLAIMER OF LIABILITY

Unless otherwise provided by law, Segri Ocio, SA will not accept any responsibility for the following losses, regardless of their origin :

1)   Any losses that were not attributable to any default on your part.

2) Business losses (including loss of earnings, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred).

Likewise, Segri Ocio, SA also limits its responsibility with respect to the following cases:

1)    Segri Oci, SA applies all measures concerning providing a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of screen resolution, or browser problems. that is used or others of this nature.

2)    Segri Oci, SA will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages arising from transport malfunction, especially for causes such as strikes, roadblocks, and in general any other specific to the sector, resulting in delays, losses or thefts of the product.

3)   Technical failures that, due to fortuitous or other causes, prevent a normal operation of the service through the internet. Lack of availability of the Website for maintenance or other reasons, which prevents the service from being available.

4)    Segri Oci, SA puts all the means at its disposal in order to carry out the process of sale, payment and shipping / delivery of the products, however, it is exempt from liability for causes that are not attributable to it, incidental or Force Majeure.

5)    Segri Oci, SA will not be responsible for the misuse and / or wear of the products that have been used by the User. At the same time, Segri Oci, SA will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the correct product.

6)    In general, Segri Oci, SA will not be responsible for any breach or delay in the fulfillment of any of the obligations assumed, when it is due to events that are beyond our reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:

      a)   Strikes, lockouts or other protest measures.

      b)   Civil commotion, revolt, terrorist threat or attack or other serious threat or incident.

      c)  Fire, explosion, storm, flood, earthquake, sinking, epidemic or other natural disaster.

      d)  Impossibility of using trains, ships, planes or other means of transport, public or private.

      e)   Acts, decrees, legislation, regulations or restrictions of any government or public authority.

In this way, the obligations will be suspended during the period in which the cause of force majeure continues, and Segri Oci, SA will have an extension in the term to fulfill them for a period of time equal to the duration of the cause of force majeure.

Segri Oci, SA will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.

9.   WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User agrees that most of the communications with Segri Oci, SA are electronic (email or notices published on the Website).

For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that Segri Oci, SA sends electronically comply with the legal requirements of being in writing. This condition will not affect the rights recognized by law to the User.

The User can send notifications and / or communicate with Segri Oci, SA through the contact details provided in these Conditions and, where appropriate, through the contact spaces on the Website.

Likewise, unless otherwise stipulated, Segri Oci, SA may contact and / or notify the User by email or at the postal address provided.

10.  DISCLAIMER

No waiver of Segri Oci, SA to a specific right or legal action or the lack of requirement by, Segri Oci, SA of the strict compliance by the User of any of its obligations, will suppose, nor a waiver of other rights or actions derived from a contract. or of the Conditions, nor will the User be exonerated from the fulfillment of their obligations.

No waiver of Segri Oci, SA to any of these Conditions or to the rights or actions derived from a contract shall take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.

11.  NULLITY

If any of these Conditions were declared null and void by a firm resolution issued by a competent authority, the rest of the clauses will remain in force, without being affected by said declaration of nullity..

12.   COMPLETE AGREEMENT

These Conditions and any document to which express reference is made in these constitute the entire existing agreement between the User and Segri Oci, SA in relation to the object of sale and they replace any other pact, agreement or previous promise agreed verbally or in writing. by the same parties.

The User and Segri Oci, SA acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except as expressly mentioned in these Conditions.

13.   DATA PROTECTION

The information or personal data that the User provides to Segri Oci, SA in the course of a transaction on the Website, will be treated in accordance with the provisions of the data protection policies (Legal notice-Conditions of Use and the Privacy Policy).

By accessing, browsing and / or using the Website, the User consents to the treatment of said information and data and declares that all the information or data provided is true.

14.   APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish law.

Any controversy, problem or disagreement that arises or is related to the access, navigation and / or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between Segri Oci, SA and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.

15.   COMPLAINTS AND CLAIMS

The User can send Segri Oci, SA their complaints, claims or any other comment they wish to make through the contact details provided at the beginning of these Conditions (General Information).

In addition, Segri Oci, SA has official complaint forms available to consumers and users, and that they can request from Segri Oci, SA at any time, using the contact information provided at the beginning of these Conditions (General Information ).

Likewise, if a controversy arises from the conclusion of this purchase contract between Segri Oci, SA and the User, the User as a consumer may request an out-of-court settlement of disputes, in accordance with EU Regulation No. 524/2013 of the European Parliament and the Europe Council of May 21, 2013, on the resolution of online consumer disputes.