This document establishes the general conditions of the contractual relationship of which purpose is the sale of products offered on this website, and of which the owner of GAME FISHER, SL, (from now on "GAME FISHER") with address in Doctor Aiguader Street, 6 base, postal code 08003, Barcelona, registered in the Mercantile Registry of Barcelona, Volume 33.145, Page 67 Sheet B-224005, with CIF: B-62383534, and the natural and / or legal persons (from now on "CONTRACTOR") that express the will to Buy the products through the request made via the Internet through this website. All the rights that the current Laws recognize to the consumers and to which reference can be made here, will be applied exclusively to the clients that have such consideration of consumers and that act with a purpose unrelated to their commercial, business, trade and profession activity. In the event that the CONTRACTOR does not have the status of a consumer, according to current regulations, the precepts that the law only recognizes to this group will not be applied. In the event that any of the provisions made under these conditions, were only applicable to CONTRACTORS who were in their professional or merchant duties, this will be expressly indicated.
These user requests constitute the particular conditions to which these general conditions are associated and that the CONTRACTOR must necessarily accept telematical prior to the purchase of the product. This same website displays these conditions so the CONTRACTOR can read, print, file and accept them. These general conditions, together with the request for specific products made by the CONTRACTOR, imply the formalization of the sales contract between GAME FISHER and the CONTRACTOR who claims to have read, understood and accepted these conditions. The CONTRACTOR may always consult these general conditions through the Website.
FIRST.- OBJECT OF THE CONTRACT.
By these General Conditions, GAME FISHER undertakes to deliver to the CONTRACTOR the products that he has requested through the Website in exchange for a certain price.
By purchasing the products available on this website, the CONTRACTOR declares:
a) That he is a person of legal age and with the capacity to hire.
b) That he has read, understood and accepts these General Conditions of Contract.
GAME FISHER reserves the right to modify these General Conditions at any time, without prior notification to the CONTRACTOR, who, in any case, is responsible for reviewing them as a prerequisite to the purchase of any product available through this Website. In any case, the General Conditions that were exposed on the Website will be considered valid and applicable at the time the CONTRACTOR acquires the corresponding products.
THIRD.- GAME FISHER RIGHTS AND OBLIGATIONS.
3.1. Delivery of the product.- GAME FISHER undertakes to deliver the product in perfect condition at the address indicated by the CONTRACTOR in the order form where the particular conditions that bind to these General Conditions are stated. GAME FISHER will not take responsibility for errors caused in delivery when the data entered by the CONTRACTOR in the order form do not conform to reality or have been omitted. The approximate delivery time for each product is indicated in each sheet, not exceeding in any case the period of fifteen days.
In case of lack of availability of the requested product, GAME FISHER will inform the CONTRACTOR of this fact and the expected delay will be communicated by email or telephone as provided by the CONTRACTOR. GAME FISHER may give the CONTRACTOR the option to cancel his order or buy an alternative item that may have been offered to him. In case of not receiving an answer, it will be understood that the CONTRACTOR wishes to wait for the given term. In case of not being able to supply the requested product, either due to lack of supply of GAME FISHER'S suppliers or for any other reason, the CONTRACTOR will also be informed of this fact and the order will be canceled without any penalty. GAME FISHER commits to refund the entire amount of your purchase within a maximum period of 15 days, except for special conditions identified, where appropriate, in the product's own file.
3.2. Responsibility of GAME FISHER. Under no circumstances, GAME FISHER will take responsibility for:
3.2.1. Errors, delays in the access by the CONTRACTOR when entering their data in the order form, the slowness or impossibility for the recipients to receive the order confirmation or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency outside the good faith of the company. In any case, GAME FISHER undertakes to solve any problems that may arise and to offer all the necessary support to the CONTRACTOR to reach a quick and satisfactory solution to the incident.
3.2.2. Of errors or damages caused by an inefficient use of the service and in bad faith by the CONTRACTOR.
3.2.3. Of the non-operation or problems in the email address or telephone number provided by the CONTRACTOR to send the order confirmation.
3.3.1. GAME FISHER guarantees that all Products on the website available for sale comply with international and community standards applicable to product safety.
3.3.2. The warranty that applies to the Product when delivered to the CONTRACTOR is of a period of two years, as long as the Product is used by the CONTRACTOR under normal conditions of use, such as those described in the Product file and in the catalogs available to the CONTRACTOR. In no case is it guaranteed that the Product supplied can respond to a particular problem of the end user. In case of doubt, the product will be sent to the supplier to certify if the guarantee proceeds.
3.3.3 GAME FISHER is not obliged to indemnify the CONTRACTOR or third parties for the consequences of the use of the Product, whether direct or indirect damages, accidents suffered by people, damage to goods outside the Product, loss of profit, damages that they come or come from a deterioration, or loss of data recorded by the user.
3.3.4 GAME FISHER recognizes the CONTRACTOR the right of withdrawal in the terms and deadlines recognized in Royal Legislative Decree 1/2007 of November 16, in this case GAME FISHER, and whenever the product purchased is returned in its original packaging and unopened, it will refund the CONTRACTOR the amount paid for the price and taxes affected, to the account number indicated by the CONTRACTOR. In order to exercise the right, the CONTRACTOR has a period of 14 days from the delivery of the Product, according to the date indicated in the delivery document signed by the same, except for the contrary proof. For the purpose of exercising this right, the CONTRACTOR must send an email to firstname.lastname@example.org and notify GAME FISHER within the established deadlines, and also sending the corresponding Product according to the instructions of GAME FISHER. In any case, the CONTRACTOR will be responsible for the direct return costs of the product, as well as any damage therein as a result of its return. The CONTRACTOR will have a period of 14 days from the moment he has exercised the right to return the product to the address indicated by GAME FISHER.
The right of withdrawal recognized in this clause is understood without prejudice to the limitations that the legislation fixes. In an enunciative and non-exhaustive way, you cannot exercise this right in relation to goods that, by their nature, cannot be returned or may deteriorate, expressly including, products that have been customized at the request of the consumer.
FOURTH.- CONTRACTING RIGHTS AND OBLIGATIONS.
4.1. Payment.- The CONTRACTOR undertakes to pay in advance the amount for the product actually requested in the following amount and form:
4.1.1. Amount.- The price for the Product requested by the CONTRACTOR, will be the one indicated on the website and that appears in the specific request of the CONTRACTOR at any time, requests that will constitute the particular conditions of the specific order. The prices of the products that appear on the website include VAT, the amount of which will be calculated at the time of placing the order, as appropriate.
To the price that appears in the Website for each one of the products offered the pertinent shipping costs will be added, if it proceeds. GAME FISHER is obliged to inform the CONTRACTOR of the cost of the shipping costs always before formalizing the purchase itself and in the confirmation email of the same.
- Residents in the European Union. The prices of these services and / or products have the corresponding VAT added, which will be 21%.
Purchases made by taxable persons of the VAT with residence in the European Union and with an intra-community NIF, they will be exempt from the payment of the VAT, being essential condition to send the document with the inter-community number to the email email@example.com for verification and to carry it out if applicable.
- Residents in non-EU countries.
Purchases made by natural or legal persons resident in non-EU countries will be exempt from payment of the VAT. Canary Islands, Ceuta and Melilla are also considered Extra-Community territories due to their fiscal regime.
4.1.2. Payment methods.- The CONTRACTOR must pay the amount corresponding to his order by:
- Credit card: by entering his data in the existing virtual POS on the Website. By accepting this means of payment, the CONTRACTOR confirms to be authorized to use the card used for this purpose, being the holder of it. Card payments are subject to the provisions of Law 16/2009, of November 13, on payment services, especially everything related to payment orders and the conditions for their revocation.
- Bank transfer: you can make a bank transfer or a direct deposit to the Game Fisher account. For this procedure Game Fisher will send you all the necessary information to proceed.
- Pay Pal: GAME FISHER is not responsible for errors that may occur in relation to the operation of the Pay Pal system (with additional cost).
- Cash on delivery: You will pay the carrier directly upon receiving the selected product at the address indicated during the purchase process (with additional cost).
- Pay later: Financing up to 12 months. GAME FISHER is not responsible for errors that may occur in relation to the operation of the system.
4.2. Responsibility of the CONTRACTOR.- In any case, it will be the responsibility of the CONTRACTOR:
4.2.1. The CONTRACTOR assumes all risks of deterioration, impairment, damage and loss of the Products from the moment they have been made available to them by the third party who, on behalf of GAME FISHER, delivers the requested products.
4.2.2. The CONTRACTOR undertakes to verify the good condition of the Product in front of the third party who, on behalf of GAME FISHER, delivers the requested Product, indicating at that moment any anomaly that could be detected in the packaging or in any case by signing add & ldquo; I agree except exam & rdquo ;.
If, after reviewing the content, the CONTRACTOR detects any incident such as, hit, breakage or any damage caused by the shipment, he undertakes to notify GAME FISHER within a period of 24 hours after receiving the product to proceed with the claim to the transport company. For these cases it is essential to have signed with & ldquo; according except exam & rdquo ;. We recommend that you always put it even if the possibilities that happen are minimal since the transport companies that collaborate with Game Fisher take care of the packages as if they were theirs.
5.1.- GAME FISHER en ningún caso será responsable de:
5.1.- GAME FISHER will not take responsibility for:
5.1.1.- Failures and incidents that may occur in communications, deletion or incomplete transmissions so that it is not guaranteed that the website services are constantly operational.
5.1.2.- Of the production of any type of damage that the CONTRACTING PARTY or third parties may cause on the Website.
5.2.- GAME FISHER reserves the right to suspend access without prior notice on a discretionary basis and on a definitive or temporary basis until the assurance of the effective responsibility for any damages that may occur. Likewise, GAME FISHER will collaborate and notify the competent authority of these incidents at the moment in which it has reliable knowledge that the damages caused constitute any type of illegal activity.
SIXTH.- COPYRIGHT AND TRADEMARK.
GAME FISHER informs that the own contents, photographs, programming and design of the Web page are fully protected by copyright, and any reproduction, communication, distribution and transformation of the aforementioned protected elements is expressly prohibited except with the express consent of GAME FISHER. The brands of the products that GAME FISHER sells through the website, as well as its own, belong to their rightful owners. GAME FISHER may establish links or hyperlinks to articles or information from third parties always citing the source. The legitimate owner of the copyright of this information thus included, may at any time request the elimination of said references.
SEVENTH.- COMPETENT JURISDICTION AND APPLICABLE LAW.
These general conditions are governed by Spanish legislation. For the determination of the celebration place of the sale to which these General Conditions are subject, the provisions of article 29 of Law 34/2002, of July 11, on services of the information society and of electronic commerce apply. In the event that the CONTRACTOR is not considered a consumer, any conflict related to the interpretation or execution of these General Contract Conditions will be submitted to the jurisdiction of the Courts of the city of Barcelona.
EIGHTH.- ALTERNATIVE PROCEDURE FOR THE RESOLUTION OF ONLINE LITIGATIONS.
Without prejudice to the preceding clause, the European Commission provides an online dispute resolution platform that is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their claims through the online dispute resolution platform.
NINTH.- NULLITY OF CLAUSES.
In the event that any clause of these General Conditions is declared void, the other clauses will remain applicable and will be interpreted taking into account the will of the parties and the very purpose of these conditions. GAME FISHER may not exercise any of the rights and powers conferred in this document, which will not imply any waiver unless expressly acknowledged by GAME FISHER.