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GENERAL INFORMATION & SHOPPING TERMS

www.hobbiesguinea.es

 


1 GENERAL INFORMATION

The ownership of this website, www.hobbiesguinea.es, (hereinafter HOBBIES GUINEA) is held by: Juan Carlos Santiago Guinea, as owner, with VAT Registration Number ES16025785Y, whose company details are:

 

HOBBIES GUINEA

Juan Carlos Santiago Guinea

VAT Reg Nr.: ES16025785Y

Avenida de Basagoiti, 32

48992 - Getxo. Vizcaya (Spain)

Tel: +34 944601643

Email: hobbiesguinea@hobbiesguinea.com

 

This document (as well as all other documents mentioned here) regulates the Shopping Terms for the use of this Website (www.hobbiesguinea.es) and the online purchase of products and / or services therein.

For the purposes of these Shopping Terms, it is understood that the activity developed by HOBBIES GUINEA - Juan Carlos Santiago Guinea through the Website comprises:

Sale of scale model construction kits, other products, primary materials , hand and electrical small tools for modelling, naval modelling spares and accessories, technical toy in general , as well as technical handbooks and related publications.

In addition , reading these shopping terms, before accessing, browsing and / or using this website, the User must have read the Legal Notice and the policy of cookies, and the privacy and data protection policy of www.hobbiesguinea.es.

By using this website or by making and / or requesting the purchase of a product and / or service through it, the user agrees to be bound by these terms and for all of the above, so if you do not agree with everything you should not use this website.

It is also reported that these Shopping Terms could be modified.

The User is responsible for consulting them whenever he or she accesses, navigates and / or uses the website, since those applicable in the moment in which the purchase of products and / or services will be applied , will be appliable.

For any questions that the user may have in relation to the terms you can contact the owner using the contact details provided above or, if applicable, using the contact form.

 

 

2. THE USER

The access, browsing and use of the website, confers the status of user (hereinafter referred to, either individually as a User or jointly as Users), for which it is accepted, from the beginning of navigation through the Website, all the Shopping Terms here established, as well as its subsequent modifications, notwithstanding the application of the corresponding legal regulations of compulsory compliance as the case may be.

The User assumes responsibility for the correct use of the Website.

This responsibility shall extend to:

* Make use of this Web Site solely for consultation and purchases or acquisitions legally valid.

* Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it could be cancelled and the relevant authorities informed.

* Provide truthful and lawful contact information, eg email address, postal address and / or other data (see Legal Notice and General Conditions of Use).

 

The User declares that he / she is over 18 years of age and has the legal capacity to enter into contracts through this Website.

 

The website accepts orders and makes shipments internationally although it may be the case that the destination of the order is a country in which there exists a trade embargo, so it will not be possible to ship the order and consequently shall be cancelled and the amount received will be refunded to the customer within 48/72 hours.

Users living in a country with a trade embargo please refrain from shopping online.

www.hobbiesguinea.es does not guarantee that the Website complies with the laws of other countries, either totally or partially.

www.hobbiesguinea.es declines all responsibility that may be derived from such access, nor does it ensure shipments or services to all countries of the world.

The User may, at his / her option, conclude the contract for the sale of the products and / or desired services in any of the languages in which these terms are available on this website.

 

 

3. SHOPPING PROCESS

Users may shop onine on the Website by the ways and means established. They must follow the process for the online purchase of www.hobbiesguinea.es, during which several products and / or services can be selected and added to the shopping cart, or final space of purchase and finally click on "Confirm order".

In addition, the User must fill in and/or verify the information that is requested in each step, although, during the online purchase process, and prior to the payment, the shipping and/or invoicing data can be modified.

After the conclusion of the shopping process , the User will receive an email confirming that www.hobbiesguinea.es has received his order or request for purchase and / or provision of the service, as an order confirmation.

Whenever appliable, you will also be informed by email when your purchase is being shipped.

Once the purchase process is concluded, the User agrees that the website creates an invoice in pdf format that will be sent to the User by email.

Likewise, the User may, if he wishes, obtain a copy of his paper invoice, requesting it to www.hobbiesguinea.es using the contact spaces of the Website or through the contact information provided above.

The User acknowledges to be aware, at the time of purchase, certain particular conditions of sale that concern the product and / or service in question and that are shown next to the presentation or, if applicable, the image of the latter on its page of the website, indicating, by way of example, but not exhaustive, and taking into account each case: name, price, components, weight, quantity, color, products features, how they will be carried out and / or cost of benefits; And recognizes that the conclussion and submission of the purchase order means the full acceptance of the particular Shopping Terms.

Communications, online orders and payments that take place during transactions carried out on the Website may be files and kept in the computerized records of www.hobbiesguinea.es in order to constitute a means of proof for the transactions, in any case, respecting the reasonable conditions of security and the laws and regulations in this respect are appliable, and particularly taking into account the L.O.P.D. and the rights that assist Users in accordance with the privacy policy of this Website (Legal Notice and General Conditions Of Use).

 

 

4.  PRODUCTS AVAILABILITY.

All the online shopping orders received by www.hobbiesguinea.es through the Website are subject to the availability of the products and / or any circumstance or cause of  overwhelming force (clause nine of these Conditions) affects the supply of the same and or to the provision of services.

If there are difficulties in the supply of products or there are no products in stock www.hobbiesguinea.es agrees will contact the User informing of the occasional stock breakages and offering similar alternatives in quality and price for acceptance within 24 / 48 working hours.

If the user does not agree with the the proposed changes, Hobbies Guinea will proceed to cancel from the order list the item not available proceeding to refund its amount to the user, and shipping the rest of the shopping list available within 24/48 working hours.

This will also apply in cases where the provision of a service would not be feasible.

 

 

5. PRICES AND PAYMENT.

The retail prices displayed on the website are in European currency (Euros - €) and include taxes, except that due to legal requirement, specially with regard to VAT, a different question is pointed out and applied.

However, unless otherwise stated, the prices of the items offered exclude shipping costs, which will be added to the total amount due to the time the shipment procedure is handled by the shipper. User, and where it will consult the methods and costs of shipping available and will freely choose the one that suits you.

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

Prices may vary at any time, but any changes will not affect orders or purchases in respect of which the User had already received an order confirmation.

 

6. PAYMENT WAYS AND ORDER PROCEDURE.

 The customer may pay the amount of his order by choosing between several ways.

 During the purchase process he must select a choice between:

 

- VISA VERIFIED or MASTERCARD SECURE credit card.

 All operations involving the transmission of personal or banking data are performed using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology.

All the information you transmit is automatically encrypted through the network.

Likewise, the data on your credit card are entered directly on the bank page, at the POS Terminal and are not entered or registered on any www.hobbiesguinea.es server.

When paying with VISA or MASTERCARD card, you will always be asked for the following information: the card number, the expiration date, and a Validation Code that matches the last three digits of the number printed in italics on the back of your VISA card or MASTERCARD, offering, in this way, more guarantees about the security of the transaction.

This payment way is valid only for online shopping.

When the amount of a purchase has been charged fraudulently or improperly using the number of a payment card, the holder may demand the immediate cancellation of the charge. In that case, the corresponding entries of debit and re-entry in the accounts of the supplier and the holder will be made as soon as possible.

However, if the purchase had actually been made by the cardholder and the demand for refund was not due to having exercised the right of withdrawal or resolution and, therefore, had unduly demanded the cancellation of the corresponding charge, that will remain obliged before www.hobbiesguinea.es to compensate for the damages caused as a result of the cancellation.

In the cases of payment by credit or debit card or by Paypal the charge for the total amount of the purchase will be made automatically.

In any case, by clicking on "Confirm order" the User confirms that the payment method used is yours or that, if applicable, is the legitimate holder of the credit or debit card.

 

WIRE TRANSFER (BANK DRAFT)

When choosing Wire Transfer as payment method the user will receive, along with the confirmation of the order, an email with the bank details and coordinates of www.hobbiesguinea.es - JUAN CARLOS SANTIAGO GUINEA.

It is very important when doing the wire transfer to indicate as the subject the order number, as well as the user's name and surname, and send the wire transfer within 3 days after the date of confirmation of the order to validate it.

User if desired can send the proof of the wire transfer by email to hobbieguinea@hobbiesguinea.es. However, payment will not be considered effective until our commercial department does not have the bank confirmation of the wire transfer and the arrival of the funds.

Please note that the payment has to be made in European currency (EUROS) .

All involved charges for currency exchange and bank fees are on their users part.

In the case of wire transfers submitted from outside Spain, it is very important that when ordering the transfer always communicate to your bank to take charge of the commissions at source, those bank fees and expenses corresponding to your entity.

Otherwise, www.hobbiesguinea.es - JUAN CARLOS SANTIAGO GUINEA could stop the shipping of your order by not receiving the full amount of it.

Currency exchange and/or bank fees shall be always borne by the client.

In cases of payment by wire transfer, the User must wait for the final confirmation of availabilities that will be confirmed within 24/48 hours by email , along with the bank details to proceed to the payment of his purchase by this way.

 

- CASH ON DELIVERY.

If you wish we can send your order in a Cash on delivery basis.

The option of cash on delivery has an extra fee of 3% of the total amount of the purchase including the shipping cost.

In any case, the minimum fee appliable will be € 2.00 + VAT (21%) = 2,42 Euros.

Please note that this payment way is only selectable for shipping orders to Spain mainland ,Balearic Island and Portugal continental destinations.

All other Spanish or all other foreign countries destinations will have to select a different payment way.

 

- WESTERN UNION

After finishing the online order, the user must wait for the definitive confirmation of the availabilities that will be confirmed in 24/48 hours by email along with the data of the company to proceed to the transfer of funds for the amount of his order.

After that, the User must send the WESTERN UNION MTCN tracking number by email to hobbiesguinea@hobbiesguinea.com. for the clearance of the funds in Spain. 

 

- PAYMENT IN STORE  & PICK UP IN STORE.

The customer must pay in cash or by credit or debit card his purchase at the time of withdrawing the order in our premises, either in person, by authorized person or through the transport company designated by him.

Upon receipt of the order, an email will be sent to the customer stating that the order is ready to be picked up.

 

In all cases the address for order picking in store is :

HOBBIES GUINEA

Avenida de Basagoiti, 32

48992 - Getxo. Vizcaya (Spain)

Tel. + 34 944601643

 Opening hours: 10 to 14.00 hours from Monday to Friday.

 

 

7. DELIVERY & FREIGHT COSTS.

HOBBIES GUINEA - Juan Carlos Santiago Guinea - www.hobbiesguinea.es  ship orders worlwide.

The shipping costs of an order are automatically calculated on the website before the conclusion of a purchase. After selecting the country of destination , and the weight of the shopping cart will calculate the shipping costs for an online payment. 

Please note that you must register a customer account prior to know the shipping costs to your country.

 

WEIGHT OF ITEMS.

Each article on our website is assigned a real or volumetric weight.

The actual weight is the physical weight in grams of a packaged item.

The volumetric weight is the amount resulting from: Length x Width x Height (in cm.) / 6000.

The volumetric weight is applied in those articles whose actual weight is less than the volume of space occupied.

Usually they are very light articles but of medium or large dimensions (plastic kits almost always).

The web is programmed knows the weight of each article and the cost per kilogram to any worldwide destination.

The web calculates the final weight depending on the items that make up the shopping cart.

The customer can see the shipping cost of an order list to his country before deciding to conclude the purchase or to decline it.

Different Transport Companies with different shipping costs can be offered for the user choice.

Between them , the user can choose the shipping option of his preferences.

The lowest weight invoiced by the system is 1 Kgr.

Calculations are not made for weights below 1 Kgr.

 

RESTRICTED SHIPPING ITEMS

Due to the Air transport safety regulations of dangerous goods , all the products of our website in Spray format and any type of gas cans are limited for ground shipments to destinations only within Spanish peninsular territory and mainland Portugal.

The rest of Spanish island destinations or cities in African territory, as well as other EU or non-EU countries, are restricted in sending this type of goods.

Each product of our website subject to restriction of shipment clearly shows in its description the allowed destinations and the forbidden destinations.

If the customer lives out of mainland Spain or in some other restricted national or international destination, please refrain from including such items on the shopping list.

Otherwise , Hobbies Guinea - Juan Carlos Santiago Guinea will proceed to remove automatically from the shopping list any restricted item, and shipping only the rest of the order.

The refund of the value of the cancelled item shall take place the very day of shipping.

If you have any questions a bout this matter , please contact us by email at hobbieguinea@hobbiesguinea.es

 

 

- AIR MAIL SHIPPING WEIGHT & SIZE LIMITS

The maximum weight allowed per package  by Postal parcel express is 30 kg per package and purchase.

If the customer tries to make a purchase of greater than 30kg, the website will not be able to offer the shipping cost because the maximum weight rated is exceeded.

In this case prior to end your order remove some items from your shopping cart until you reach a weight not exceeding 30Kgr and the shipping costs shall be seen.

You can also split your full shopping list in two separate orders.

In this way you will get a valid shipping quotation for each one.

You can also select a second transport company if offered for your destination where the weight limitation does not exist.

 

- CANARY ISLAND & SPANISH CITIES OF CEUTA AND MELILLA.

Purchases destined to tax-free destinations in Spanish territories out of peninsula shall be considered as sales outside the scope of goods free transit in EC .

The prices shown and applied by the web to these destinations are free of peninsular taxes (21% VAT general items or 4% VAT for printed matter).

In the shipments by Postal Parcel Spanish Correos Royal Mail Services, with destinations to Canary Islands and Ceuta or Melilla cities,  the maximum limit per package is 30 Kgs.

 

The shipping costs in the orders with destination to Las Palmas de Gran Canaria and Tenerife are exempt of the cost in origin of the Export Custom Documents (D.U.A).

The shipping costs only cover the pure transport costs to the destination.

Local Custom clearance taxes are not included in the shipping costs and if required ,they must be paid by the customer to the local authorities.

 

The shipping costs to Ceuta and Melilla cities destinations include in their amount the postage and the value of the D.U.A. management in origin which is obligatory for the sending company in when shipping to both destinations.

Local Custom clearance taxes are not included in the shipping costs and if required ,they must be paid by the customer to the local authorities.

 

 

D.U.A: Unified Customs Document.

The management of export D.U.A. in custom origin for shipments destined to Ceuta and Melilla cities is of account Guinea Hobbies.

The management of D.U.A. (IGIC in the Canary Island - IPSI in Ceuta and Melilla cities) will be borne by the customer who will have to pay them to the Post Office or to the local authorities upon the arrival of the shipment if required.

 

 

 

INTERNATIONAL CUSTOM REGULATIONS

For purchases destined to countries outside the scope of free movement of European goods as well as to Spanish special tax-free zones (Ceuta, Melilla, Las Palmas and Tenerife), the item prices shown and applied by the website are exempt of VAT taxes (21% Standard VAT or 4% VAT printed matter).

Shipping costs to non-EU countries and to spanish tax-free zones (Ceuta, Melilla Las Palmas and Tenerife) are also exempt from VAT.

Local Custom clearance taxes , if required , shall be paid by the customer to the local authorities.

 

The international commercial regulations for parcel shipping by all transport companies oblige to the sender to enclose the shopping invoice as official document attached to the expedition , without which no processing is allowed.

The accuracy of the data supplied by the customer that are included in the shopping invoice help in the Custom clearance process at he arrival.

Local Custom clearance taxes are not included in the shipping costs and if required ,must be paid by the customer to the local authorities.

 

The MRW parcel service courier for international shipping works in combination with a second courier delivering in the country of destination (Fedex, DHL, DPD, etc.) . The service includes the picking of the parcel in origin and the delivery in teh given adress, as well as the documentary Customs procedures of origin, transit or destination.

There are exceptions, depending on the Customs Regulations of each destination country in which the Custom clearance burocracy could be required to be managed directly by the customer and / or his own Customs Agent.

If you have any doubt about the Custom clearance policies in your country please check it prior to order online.

 

FREE TRADE AGREEMENTS SIGNED BY SPAIN WITH OTHER COUNTRIES.

Spain has been part of the European Union since 1986.

For this condition, it belongs to the free trade agreements that this community subscribes to.

It currently has free trade agreements with Colombia, Peru, Serbia, Montenegro, South Korea, Albania, Bosnia, Algeria, Croatia, Egypt, Macedonia, Chile, Lebanon, Jordan, Morocco, South Africa, Israel, Mexico, Andorra, San Marino, Turkey, Palestine, the Faroe Islands and Tunisia.

 

HOBBIES GUINEA regrets not being able to inform of the regulations, exemptions , custom taxes and custom clearance policy in every international destination.

If you have any questions abouy this matter , please check it with your country Custom authorities before ordering.

 

8. DELIVERY

In cases in which the physical delivery of the purchased goods should proceed, the deliveries will be made in Spain (Peninsula and Baleares). For the purposes of these conditions, delivery shall be deemed to have occurred at the time the user or a third party indicated by the latter acquires material possession of the products, which shall be evidenced by signature of the receipt of the order at the address of agreed delivery.

Except for cases in which there are unforeseen or extraordinary circumstances or, as the case may be, 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 The shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of confirmation of the order.

If for any reason, imputable to himself, www.hobbiesguinea.es could not achive the expected the delivery date, he will contact the User to inform him of this circumstance within 24/48 working hours after the reception of the order . The customer will choose to go ahead with the purchase by setting a new delivery date or cancel the full order with the full refund of the price paid within 24/48 hours.

All transport deliveries take place between monday to friday.

The are no deliveries in saturday or sunday.

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

If the User is not present in the adress of delivery in the agreed time, he must contact www.hobbiesguinea.es to arrange the delivery another day.

After 30 days from the first delivery attempt since the order had not been delivered for non-attributable cause to www.hobbiesguinea.es, it shall be assumed that the User wishes to withdraw from the contract and this 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 expenses resulting from the User's own choice of a delivery method different from the less expensive mode of ordinary delivery offered by the Website, without undue delay and, in any case, within a maximum period of 14 days from the date on which the contract is deemed to have been terminated.

However, the User must bear in mind that the return transport derived from the purchase resolution will always have an additional cost that can be charged to him.

For the purposes of these Shopping Terms, it shall 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 the material possession of the products, which will be accredited through The signature of the receipt of the order at the agreed delivery address.

All products risks will be borne by the User from the moment of delivery. The User acquires ownership of the products when www.hobbiesguinea.es receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery ,if it takes place time after the full receipt of the amount subject to payment by www.hobbiesguinea.es.

In accordance with the provisions of Law 37/1992 of December 28, Value Added Tax (VAT), purchase orders for delivery and / or provision shall be deemed 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 appliable VAT rate will be the legal valid one for every specific item.

 

9. TECHNICAL WAYS TO AMMENDMENTS

If the User finds any kind of wrong or uncorrect data in his customer account commited during the account registration typing process which could affect the processing and delivering of his purchase he can modify them by himself or also by contacting www.hobbiesguinea.es through the "Contact" button enabled top in the Website, and / or using the contact information provided in clause 1 (General Information).

When shopping online , the User, before clicking on "Check out", can make all kind of modifications in the shopping cart items list , and can also modify and even create a new shipping adress prior to finish the purchase.

The User shall referr to the Legal Notice and General Conditions of Use to obtain more information on how to exercise his right of rectification in accordance with the Spanish Organic Law 15/1999, 13th December , about Data Protection of Personal character.

 

 

10. RETURNS

In cases where the User purchases products on or through this Website, he / she is granted with a list of legal rights, as listed and described below:

 

 

Right of Desistance.

The User, as a customer and a consumer, makes a purchase on the Website and, therefore, has the right of desistance from such purchase within 14 calendar days without justification.

This withdrawal period will expire on the 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the goods purchased on the Website www.hobbiesguinea.es or in case the goods that make up their order are delivered separately, on the 14 calendar days of the day that the User or a third party authorized by the User, other than the carrier, acquired the material possession of the last of those goods that made up the same purchase order.

In order to exercise this right of desistance , the User must notify his decision to www.hobbiesguinea.es.

He may do so, if necessary, through the contact spaces enabled on the Website or through:

 

Hobbies Guinea

Avenida de Basagoiti, 32

48992- Getxo. Vizcaya. Spain.

hobbiesguinea@hobbiesguinea.es

Tel: +34 944601643

 

The User, regardless of the medium that he chooses to communicate his decision, must clearly and unequivocally state that it is his intention to withdraw from the purchase contract.

In any case, the User may use the desistance filling form that www.hobbiesguinea.es makes available to you as a part annexed 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 desist is sent before the corresponding term expires.

In case of withdrawal, www.hobbiesguinea.es will reimburse the User for all payments received, including shipping costs (with the exception of the additional costs chosen by the User for a different shipping mode than the least expensive mode offered on the Site Web) without undue delay and, in any case, no later than 14 calendar days from the date on which www.hobbiesguinea.es is informed of the decision to withdraw by the User.

Www.hobbiesguinea.es will reimburse the User using the same method of payment that he used to carry out the initial purchase transaction.

This refund will not generate any additional cost to the User.

However, www.hobbiesguinea.es may retain such reimbursement until having received the products or the purchased items , or until the User submits proof of the return thereof, depending on which condition is met first.

 

The User can return or send the products to www.hobbiesguinea.es at the following address:

 

Hobbies Guinea

Avenida de Basagoiti, 32

48992- Getxo. Vizcaya. Spain.

hobbiesguinea@hobbiesguinea.es

Phone: +34 944601643  

 

And you must do so without undue delay and, in any case, no later than 14 calendar days from the date that www.hobbiesguinea.es was informed of the decision to withdraw.

The User acknowledges that he / she must assume the direct cost of returning (transport, delivery) of the goods, if appliable.

In addition, it will be responsible for the decrease in the value of the products resulting from manipulation other than the necessary to establish the nature, feataures and operation of the goods.

The User acknowledge that there are exceptions to the right of withdrawal, as set out in Article 103 of Royal Decree 1/2007 of 16 November, which approves the consolidated text of the General Law for Defense Of Consumers and Users and other complementary laws.

 

As enunciative, but not exhaustive, this would be the case of:

Special order customized products.

Products that may deteriorate or expire quickly.

CDs / DVDs of music or video without its packaging, as it is sealed in the factory.

Products that for reasons of hygiene or health are sealed and have been unsealed after delivery.

In the same way is ruled the provision of a service that the User may contract on this Website, as this same Law establishes that the Users' Right to withdraw will not be present when the service has been fully executed or when it has started , with the express consent of the consumer and user and with the acknowledgment by him that he is aware that, once the contract has been fully executed by www.hobbiesguinea.es, he will have lost his right of withdrawal.

In any case, no refund will be made if the product has been used beyond the mere opening of the same, products that are not in the same conditions in which they were delivered or have suffered damage after delivery. Likewise, the products must be returned using or including all original packaging, instructions and other documents that accompany them, in addition to a copy of the purchase invoice.

In the following link you can download the withdrawal filling form template: https://www.hobbiesguinea.es/es/content/12-desistimiento.

 

Return of defective products or shipping error :

These are all cases in which the User considers that, at the time of delivery, the product does not match to the stipulated in the contract or purchase order, and that, therefore, he should contact www.hobbiesguinea.es to inform the cause of disconformity (Defective / error)  by the same ways or using the contact information provided in the previous section (Right of Withdrawal).

The User will then be informed about how to proceed with the return of the products, and these, once returned and received, will be examined and the User will be informed, within 48 working hours, if the refund proceeds or, if appliable , the substitution of the same within a shipping period of 2 - 14 days.

The refund or substitution of the product will be made always as soon as possible and, in any case, within 14 days after the date on which we send you an email confirming that the refund or replacement of the nonconforming item(s) proceeds.

The amount paid for those products that are returned because of a defect, when it actually exists, will be refunded in full, including delivery costs and costs eventually incurred by the User to make the return. The refund will be made by the same payment method that the User used to pay the purchase.

In any case, it will always be to the assigned rights in the legislation in force at any moment for the User, as consumer and user.

 

Guarantee :

The User, as a consumer and user, has guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding www.hobbiesguinea.es, therefore, for a manifested disconformity within a period of two years from the delivery of the product.

In this sense, it is understood that the products conform to the purchase contract provided that:

- They respond to the description made by www.hobbiesguinea.es and possess the qualities presented therein;

- Are suitable for the uses ordinarily intended for products of the same type;

- And present the usual quality and performance of a product of the same type and which are essentially expected thereof.

When this is not the case for the products delivered to the User, the User must proceed as indicated in the section Returning defective products or error in the shipment.

Nevertheless, some of the products that are commercialized in the Web Site, could present non homogenous characteristics as long as they are derived from the type of material with which they have been made, and that therefore will form part of the individual appearance of the product, and they will not be a defect.

On the other hand, it could become the case that the User acquires on the Website a product of a brand or manufacture by a third party. In this case, and considering the User that it is a defective product, it also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty right directly against them during the two Years after the delivery of those products.

For this, the User must have kept all the information regarding the warranty of the products.

 

 

11. DISCLAIMER OF LIABILITY

Unless otherwise provided by law, www.hobbiesguinea.es will not accept any responsibility for the following losses, regardless of their origin:

* Any losses that are not attributable to any breach by you, business losses (including lost profits, income, contracts, expected savings, data, loss of goodwill or unnecessary expenses incurred), or any other loss Indirectly reasonably foreseeable by both parties at the time the contract for the sale of the products between the parties was formalized.

Likewise, www.hobbiesguinea.es also limits its responsibility in the following cases:

* Www.hobbiesguinea.es applies all measures concerning to provide a faithful display of the product on the Website, however 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.

 

* Www.hobbiesguinea.es will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the object of the purchase order. However, it is not responsible for damages caused by a poor performance of the transport, especially for reasons such as strikes, roadblocks, and in general any others of the sector, resulting in delays, losses or thefts of the product.

* Technical failures that due to accidental 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 availability of the service.

* Www.hobbiesguinea.es puts all the means at your disposal to carry out the process of purchase, payment and delivery / delivery of the products, however, it disclaims liability for causes that are not attributable to it, if fortuitous or overwhelming force.

* Www.hobbiesguinea.es will not be responsible for the misuse and / or wear of products that have been used by the User.

* At the same time, www.hobbiesguinea.es will not be responsible for an erroneous return made by the User. It is the responsibility of the User to return the product correctly, with all its smanuales and the original packaging as well as sufficiently packed to avoid deterioration during the transport.

 


In general, www.hobbiesguinea.es will not be responsible for any breach or delay in the performance 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, but not be exhaustive: Strikes, lockouts or other industrial action. Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or war preparations. Fire, explosion, storm, flood, earthquake, sinking, epidemic or any other natural disaster. Inability to use trains, ships, airplanes, motor transports or other means of transport, public or private. Inability to use public or private telecommunication systems. 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 www.hobbiesguinea.es will have an extension in the term to fulfill them for a period of time equal to the cause of force majeure. Www.hobbiesguinea.es will use all reasonable means to find a solution that allows us to fulfill our obligations despite the cause of force majeure.   12. WRITTEN SUBMISSIONS AND NOTIFICATIONS By using this Website, the User accepts that most of the communications with www.hobbiesguinea.es are electronic (e-mail or notices posted on the Website). For contractual purposes, the User consents to use this electronic means of communication and recognizes that any contract, notification, information and other communications that www.hobbiesguinea.es sends electronically comply with the legal requirements to be in writing. This condition shall not affect the rights recognized by law to the User. The User may send notifications and / or communicate with www.hobbiesguinea.es through the contact information provided in these Conditions and, where appropriate, through the contact spaces of the Website. Likewise, unless otherwise stated, www.hobbiesguinea.es may contact and / or notify the User in their email or the postal address provided.

 

13. WAIVER

No waiver of www.hobbiesguinea.es to a specific right or legal action or failure to request by www.hobbiesguinea.es of strict compliance by the User of any of its obligations shall not include a waiver of other rights or actions derived from a Contract or the Conditions, nor will the User exonerate the fulfillment of its obligations.

 

No waiver of www.hobbiesguinea.es to any of the present Conditions or to the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

 

14. NULLITY

If any of these Conditions were declared null and void by a final decision issued by a competent authority, the remaining clauses shall remain in force, without being affected by said declaration of nullity.

 

15. FULL AGREEMENT

The present Shopping Terms and any document referred to expressly in these constitute the entire agreement between the User and www.hobbiesguinea.es in relation to the object of sale and replace any other agreement or promise agreed verbally or by written by the same parties.

The User and www.hobbiesguinea.es acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except what is expressly mentioned in these Conditions.

 

16. DATA PROTECTION

In accordance with Organic Law 15/1999 on the Protection of Personal Data, JUAN CARLOS SANTIAGO GUINEA informs users that personal data collected during the registration process and subsequent purchase will be entered into a file under their responsibility , With the purpose of processing these actions by the user and managing subsequent actions derived from them.

Also, JUAN CARLOS SANTIAGO GUINEA informs the possibility of exercising the rights of access, rectification, cancellation and opposition by means of a letter to the address AVENIDA BASAGOITI Nº 32 48992, ALGORTA (VIZCAYA) or through the email hobbieguinea@hobbiesguinea.es.

 


17. APPLICABLE LAW AND JURISDICTION

The access, browsing and / or use of this Website and the contracts of purchase of products through it will be ruled by the Spanish laws.

Any controversy, problem or disagreement that arises or is related to the access, browsing and / or use of the Website, or to the uderstanding and execution of these Conditions, or with the sales contracts between www.hobbiesguinea.es and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.  

 

18. COMPLAINTS AND COMPLAINTS

The User can send to www.hobbiesguinea.es his complaints, claims or any other comment he wishes to make through the contact information provided at the beginning of these Conditions (General Information). In addition, www.hobbiesguinea.es has official complaint sheets available to consumers and users, which can be requested at www.hobbiesguinea.es at any time, using the contact information provided at the beginning of these Terms ( General information).

Likewise, if from the conclusion of this purchase agreement between www.hobbiesguinea.es and the User a dispute arises, 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 Of 21 May 2013 on the resolution of online consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC.  

You can access this method through the website: http://ec.europa.eu/consumers/odr/.  

Last modified: 03/29/2017

 

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