LEGAL - TERMS OF USE

1. OBJECT AND SCOPE OF APPLICATION

These General Conditions regulate the use of the website www.tictacarea.com (hereinafter, WEBSITE) through which, Perla Azabache S.L. (hereinafter TICTACAREA) distributes and sells online products and services to registered users (hereinafter, USERS).

Any USER who accesses the WEBSITE and buys any product or contracts any service of the offers published by TICTACAREA accepts to submit to these General Conditions without restrictions or reservations of any kind.

Access to the WEBSITE, directly or through any domain name that redirects to this WEBSITE as well as access to other websites where TICTACAREA is a provider of services or products, confers on the visitor the status of USER and implies acceptance of all the conditions described in this document.

Without prejudice to these General Conditions, all those particular conditions established by TICTACAREA may apply to certain services or products acquired or contracted by USERS.

TICTACAREA reserves the right to modify, at any time and without prior notice to each of the USERS, the contractual offer as well as the list of offers and prices of the WEBSITE or any other aspect of these Conditions, including the legal notice, although said modifications must respect the operations already carried out by the USER.

2. CONDITIONS OF PRODUCT SALE

TICTACAREA may make product offers with a limited duration and / or a maximum number of units available for sale. TICTACAREA may terminate the offer by the end of the period foreseen at the beginning or by the exhaustion of the number of available units.

To process your order through the WEB SITE www.tictacarea.com, the USER must register using the form provided for this purpose, filling in all contact information and accepting the Privacy Policy and General Conditions shown on the website.

The USER undertakes to provide TICTACAREA with correct and truthful contact, delivery, payment and / or billing information as well as to keep it updated at all times, TICTACAREA not assuming any responsibility otherwise.

TICTACAREA will inform the USER of the order number at the end of the purchase process through the email that the USER has indicated, facilitating, if possible, the necessary information to track the shipment.

If for reasons beyond the control of TICTACAREA there are delays in deliveries, or it is impossible to deliver the product within the agreed period, TICTACAREA will inform the USER of the situation, offering a solution. The USER may choose between canceling the order and returning the money or the proposed solution, without prejudice to their right of withdrawal. In no case TICTACAREA will be responsible for errors or problems caused by distributors, and your responsibility will be limited to trying to offer a solution to the user or the return of your money.

TICTACAREA is not responsible for the misuse and / or malicious use that may be made with the material acquired through our signature.

3. SHIPPING, DELIVERY AND PAYMENT

a. Delivery times and shipping costs.

Orders for products in stock made before 5pm (5PM GMT + 1) will be prepared and sent that same day. Those made after 5pm (5PM GMT + 1) will be prepared and sent the next business day. The preparation and delivery of orders will be made from Monday to Friday. Orders for products temporarily out of stock will be prepared at the time of our receipt. The shipping costs will be visible in the previous step to the payment of the shopping cart. In any case the USER will be informed of the shipping costs associated with your order that may vary depending on the weight and place of delivery.

Shipping costs may vary. If the shipping costs are modified, TICTACAREA will publish 15 days in advance the new rates that will enter a force after said period.

You can find more information about our shipping policy on shipping prices and methods.

b. Place and delivery time

TICTACAREA undertakes to deliver the Product in perfect condition to the address indicated by the USER. The client must check the merchandise at the moment of its reception, in order to make the timely claim within the legal deadlines. For any incident in the delivery of the order do not hesitate to contact us at [email protected] or on Tel +34 968641556. We will inform immediately the transport agency of the incident and we will respond by email. If upon receiving your order you consider that the package has a blow or defect, indicate on the delivery note that you received it in poor condition.

In the cases of return of a defective merchandise or in poor condition, you will be given an authorization number that you must indicate on the outside of the package.

In order to optimize the delivery process, the address indicated by the USER must be an address where delivery can be made within normal business hours. In case of absence of the USER at the indicated address, notice of delivery attempt notice will be left, as well as how to agree the same. It will not be considered a breach of the delivery period that is caused by the absence of the recipient; change of address; unknown address; lack of name, telephone and contact e-mail; closing for vacations; late deliveries on second delivery attempt; and causes of force majeure, fortuitous event or others not attributable to the transport company. No shipments are made to post office boxes.

In the temporary calculation of the delivery terms, holidays in the place of destination will be excluded. The agreed deadlines for the delivery of the orders are understood without prejudice of the delays that could be caused by reasons of force majeure or fortuitous event (temporary, snow, road cuts, strikes, etc.).

If the transport company has not been able to deliver the order, the Products will be returned to the TICTACAREA warehouses and the USER will be responsible for the shipping and return costs, as well as any associated management costs.

TICTACAREA will not be responsible for errors or damages caused in the delivery when the delivery address entered by the USER does not conform to the place of delivery desired by the USER.

As a general rule, TICTACAREA will inform the user of the expected deadlines for delivery of each order, according to the chosen delivery method, but in any case it will depend on the logistics operator hired for this purpose, so it will be necessary to comply with the Terms and Conditions the same establish. For these purposes, the USER will know who is the company in charge of transport before finalizing the purchase process.

The delivery is considered made from the moment in which the Product has been made available to the USER at the place of delivery indicated by the USER.

The risk of the Products (among others, the loss, impairment or theft) will be transmitted to the USER from the moment in which the order for Products has been made available to the USER in accordance with the provisions of these Conditions.

c. Payment

The payment of the price and shipping costs of the Products purchased through the Website will be understood when TICTACAREA confirms the receipt of the order and the validity of the payment by sending an email confirming the purchase made.

The invoice corresponding to the Product order will be available in your customer account of the online store. Confirmation of the receipt of the order will not be sent to the USER as soon as TICTACAREA has not received confirmation of payment. If the client needs a copy of the paper invoice, they can request it by sending an email to the contact address.

The USER can make the payment by credit or debit card Visa, MasterCard, American Express, Visa Electron and / or other similar cards or by transfer to the account indicated.

The USER must notify TICTACAREA of any undue or fraudulent charge on the card used for purchases on the Web, in the shortest possible time, in order that TICTACAREA can carry out the procedures it deems appropriate.

TICTACAREA has the adequate security measures for the activity carried out. Also, the payment process works on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted using algorithms that ensure that it is only intelligible to the USER's computer and the WEBSITE. In this way, using the SSL protocol guarantees:

- That the USER is communicating his data to the TICTACAREA server center and not to any other.

- That between the USER and the TICTACAREA server center the data is transmitted encrypted, avoiding its possible reading or manipulation by third parties.

Likewise, TICTACAREA states that it does not have access to or store sensitive data related to the means of payment used by the USER. Only the corresponding payment processing entity has access to these data in the form of payment and collection management. Once the purchase process is finished, an electronic document is generated in which the contract is formalized and which the USER can print.

4. WITHDRAWAL AND RETURN

The User has the right to withdraw from this contract within a period of 14 calendar days without the need for justification in accordance with European legislation.

In order to exercise your right of withdrawal, the customer must inform us of his decision to cancel the contract by means of an unequivocal statement (eg, in writing, by post or email). The European withdrawal model can be used, but it is not mandatory to do so. To comply with the withdrawal period, it is sufficient to send us a notification of the exercise of the right of withdrawal before the expiration of the term of the same.

The withdrawal period will expire 14 calendar days from the day that you or a third party indicated by you, other than the carrier, acquired the material possession of the goods.

If you return a product, we kindly ask you, if possible, to return it in the original packaging and with the original labels and brochures.

Consequences of the withdrawal: In case of withdrawal on your part, we will refund all payments received from you, excluding actual delivery costs (This is without the discounts established for each carrier), without any undue delay and, in any case, to no later than 14 calendar days from the date on which you inform us of your decision to withdraw from this contract. We will proceed to make such refund using the same means of payment used by you for the initial transaction.

The refund will not be made until the goods have been received.

The USER must return or deliver directly the goods without undue delay and, in any case, no later than within 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline will be considered fulfilled if the goods are returned before the end of that period.

Items such as belts, bracelets, straps and any other special item expressly acquired on behalf of our customer are excluded. These  will never be changed or refunded.

So are excluded the so called Smartwatches delivered into a sealed box. Return on these will be only accepted if seals are intact and there is no sign of the box to be opened, even if the watch has not been started.

You can find more information about what products you can return and under what conditions in Terms of Guarantee and Refundings.

5. WARRANTY

TicTacArea.com offers a 24-month warranty on all items sold through TicTacArea.com. For this you can go to the official service or local vendor closest to your home to proceed to the replacement of it.

You can find more information regarding the Guarantees policy in Terms of Guarantee and Refundings.

6. DISCLAIMER OF LIABILITY

TICTACAREA does not assume any responsibility derived, by way of example but not limited to:

a) The use that the USERS may make of the materials of the Website or link websites, whether prohibited or permitted, in violation of the intellectual and / or industrial property rights of the contents of the website or third parties.

b) Any damages caused to the USERS as a result of normal or abnormal functioning of the search tools, the organization or location of the contents and / or access to the Website and, in general, errors or problems that are generated in the development or instrumentation of the technical elements that the Web or a program facilitates to the USER.

c) The contents of those pages that USERS can access from links included in the Website, whether authorized or not.

d) Of the acts or omissions of third parties, regardless of whether these third parties were linked to TICTACAREA contractually.

e) The access of minors to the contents included in the Web, being the responsibility of their parents or guardians to exercise an adequate control over the activity of the children or minors under their care or to install some of the control tools of the use of Internet in order to prevent access to materials or contents not suitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.

f) Errors or delays in accessing the Website by the USER at the time of entering their information on the Order Form, the slowness or impossibility of reception by the recipients of the order confirmation or any anomaly that may arise arise when these incidents are due to problems in the Internet, causes of unforeseeable circumstances or force majeure and any other unpredictable contingency beyond the good faith of TICTACAREA.

g) Failures or incidents that may occur in communications, deletion or incomplete transmissions, so that there is no guarantee that the Website is constantly operational.

h) Any errors or damages caused to the Website due to inefficient use and in bad faith by the USER.

i) Non-operability or problems in the email address provided by the USER to send the order confirmation.

TICTACAREA is committed to solve any problems that may arise and to offer all the necessary support to the USER to arrive at a quick and satisfactory solution of the incidents that may arise in the Website.

The hyperlinks contained in the TICTACAREA WEB can direct to third party websites. TICTACAREA can incorporate them to facilitate the navigation of the USER, in no case assumes responsibility for the content, information or services that may appear in these sites, which will be exclusively informative and that in no case imply any relationship between the aforementioned third party and TICTACAREA .

All information published on the WEBSITE is owned by TICTACAREA.

The access, contracting and use of the products and services offered by TICTACAREA requires a computer or computer equipment and an Internet connection. The expenses associated with these elements are not included in the prices described in these Conditions.

TICTACAREA develops the utmost diligence in the implementation of security measures, however, it does not assume any responsibility in relation to the safekeeping and good use of the passwords to access the WEB, which will be the sole responsibility of the USER.

7. PARTIAL NULLITY

In the event that any Clause of these Conditions is declared void, the other Clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of said Conditions.

The non-exercise by TICTACAREA of any right derived from these Conditions will not be construed as a waiver of said right, unless expressly waived and in writing by TICTACAREA or prescription of the corresponding action in each case.

8. MODIFICATION OF THE CONDITIONS

TICTACAREA reserves the right to modify, at any time and without prior notice, the presentation and configuration of the Website, as well as the General Sales Conditions and Privacy Policy. The USERS will always have these General Conditions of Sale in a visible place, freely accessible for any queries they want to make. USERS must read these General Conditions of Sale carefully each time they access the Website. In any case, acceptance of the General Conditions of Sale, in force at any time, will be a preliminary and essential step to the hiring of any Product or Service available through the Website, so that the modifications TICTACAREA could introduce, not they will apply if they have not been previously accepted by the USER. 

9. APPLICABLE LEGISLATION

In matters not provided for in these General Conditions of Sale, as well as in the interpretation and resolution of conflicts that may arise between the parties, Spanish legislation shall apply. The parties submit, at their option, for the resolution of conflicts and renouncing any other jurisdiction, to the courts and tribunals of the user's domicile.

10. DATA PROTECTION

In compliance with the provisions of Organic Law 15/1999, of December 13, Protection of Personal Data (hereinafter "LOPD"), PERLA AZABACHE S.L. with CIF B73013740, informs the user that all personal data that you provide through the web will be incorporated into a file, created and maintained under our responsibility.

Who is responsible for the data

Company name is: PERLA AZABACHE S.L ..

VAT number B73013740

Registered office: Paseo Rosales 14, 30500 Molina del Segura, Murcia

The activity of this website: online sale of watches and jewelry.

You can contact at [email protected]

Purpose and use of data

The personal data will be used in order to manage the services offered, process orders, perform administrative tasks, and send technical, commercial or advertising information via ordinary or electronic to its customers or users about products or services that may be of your interest This acceptance will always be revocable. The use of the forms and services of this website is limited to users of legal age. By using any of them, you guarantee that you comply with this requirement and accept the consequences that arise if not.

Third party service

Hosting: RAM Host located at 721 Ritchey St 76240-3532, Gainesville, Texas

Email Marketing Provider: CPC SERVICIOS INFORMATICOS SL, with address at C / Nardo, 12 28250 - Torrelodones - Madrid - Spain, with number of C.I.F: ESB83964601

Chat Platform: Zendesk, Inc. 1019 Market Street. San Francisco, CA 94103, United States

ARCO Rights

The ARCO rights (Access, Rectification, Cancellation and Opposition) guarantee the control of the personal data of the users and impose a series of obligations that a third party must respect.

These rights are regulated by the Organic Law 15/1999 on the Protection of Personal Data (LOPD).

What do ARCO rights include?

Right of access: the user is entitled to contact the person responsible for the file in which their data are stored, in order to request the following information:

-If the personal data are being treated.
-The purpose of said treatment.
-Information about the origin of the data and the transfers made or planned to be made to third parties.
 

Right to rectification and cancellation: the owner of the data may request the person responsible for the file to rectify their data in case of any inaccuracy, incompleteness, inadequacy or excessiveness. In addition, the owner can request that their personal data be canceled.

Right of opposition: the user can object to a third party using their personal data for any treatment. It is a legal tool.

You can exercise your ARCO Rights, by contacting the email [email protected] or by phone at +34968641556. You can exercise any of the rights: Access, Rectification, Cancellation and Opposition, contemplated in the LOPD, as well as the request of not receiving advertising, or commercial communications, etc.