TERMS AND CONDITIONS:
1. Identification of owner and general information
These Terms and Conditions regulate the access to and the use of the website https://www.pisamonas.co.uk/ (hereafter, the Website), owned by SILMARES INVERSIONES, S.L. (hereafter, “PISAMONAS”), with the Tax ID Number 86324589, registered at the address Calle Monasterio de Silos 23, Local 6, 28049, Madrid, as well as the terms of sale of the services and products offered by PISAMONAS on their Website.
As a user of PISAMONAS, you entirely accept the present conditions of use, as well any changes and/or additional legal texts that PISAMONAS may add in future.
2. User Information and behaviour on the Website
In order to access the products offered through the Website, Users can choose between:
-Registering in advance: The User can register by filling in the form that can be found on the Website. The required information (name, surname, email address, telephone number) is asked for so that we can process orders and keep the User informed of the progress of their orders.
When signing up, the User automatically becomes a member of “Club Pisamonas”, and benefits from the discounts offered to the “club Pisamonas” which are almost 4% (refer to the conditions under Who Are We/Club Pisamonas for more information).
-Buy without signing up: The User can make a purchase without identifying themselves beforehand. During the buying process, the User should provide PISAMONAS with the billing and delivery details necessary for the order to reach them.
The User should check that their details are correct and complete and inform PISAMONAS when a change is made to the details they have provided during the purchasing process.
The use of the Website for fraudulent ends and ends related to crime or illicit activities of any kind is not permitted.
It is also prohibited to send, use or reuse the material in an illegal, offensive, abusive, indecent, defamatory, obscene or threatening way, or in any way that violates the copyright of the authors or registered brands and confidentiality, privacy or any other right, in any way that could be injurious to third parties. It is prohibited to send harmful viruses, political propaganda, advertising content, chain emails, mass emails or any other kind of spam and, in general, anything that causes an annoyance or inconvenience.
The User commits themselves to the legal, diligent, honest and correct use of the information or content they have access to through the Website, meeting principles of good faith and being respectful of the current legislation.
The User also commits to not provoking, maliciously or intentionally, harm or damage that could diminish or change the website, as well as to not introducing or spreading viruses that could cause unauthorised changes to the content or integral systems of the Website.
3. Orders and conditions of sale
To make a purchase, the User should be older than 14 or, if not, have previously obtained the authorisation of their parents, tutors or guardians, who will be responsible for all of the actions performed on the Website by the minors in their care.
PISAMONAS accepts orders from the Iberian Peninsula (Including Portugal and the Balearic Islands).
However, the products offered by PISAMONAS by the Website can be obtained by Users outside of Spain. This possibility is subject to the shipment terms laid out on the website.
In no case will PISAMONAS intentionally offer for sale more units than are available. In the event that a product is not available after an order has been placed, the User will be informed by email or telephone, offering them the possibility of delaying the order or replacing the product with a similar one, or, failing that, cancelling the order and receiving a refund.
4. Prices and forms of payment
All of the prices of the products that are indicated on the Website are in pounds and include VAT and any other relevant taxes.
PISAMONAS offers one delivery method: (see section 6.2).
-Standard Delivery: delivery will be totally free.
The User should pay the corresponding fee for their order through a credit or debit card (Visa, Mastercard) through bank transfer. Additionally, a User can also pay on delivery.
Once the order is formalised, that is, after the present Terms and Conditions have been accepted and the order has been paid for, PISAMONAS will always send an email to the User confirming the details of the purchase made with relevant the receipt or invoice.
Users are guaranteed that the payment process will be carried out with total security, in line with the required protocols and security services.
Additionally, the User should notify PISAMONAS of any unexpected or fraudulent charge to the card used for their purchases, through the “contact” section of the Website, or by sending an email to pisamonas@pisamonas.es, as soon as possible, so that PISAMONAS can take appropriate steps.
5. Information about PISAMONAS’ products and services.
The information included on the website in the product descriptions is based on information provided by the Suppliers and is purely informative.
PISAMONAS takes no responsibility for the appearance of errors in said information, but it does agree to take all steps within its power to correct any errors or omissions as soon as possible after having been informed of them.
6. Delivery date, delivery location and losses
6.1. Product delivery
PISAMONAS will deliver the product in perfect condition to the address that the User indicates. With the aim of making the delivery easier, it is helpful if the User provides an address to which the order can be delivered during the standard working day.
To avoid incidents in the delivery process (wrong address, no one at home etc.), it is vital that the form is correctly filled in, and including a contact number is obligatory (recommended to be a mobile number).
PISAMONAS will not take responsibility for issues with delivery when the delivery address provided by the User on the order form does not correspond to reality, is false or is omitted.
Despite the above, PISAMONAS is committed to taking any measures that are without their power to deliver products at the appointed time, and, if not, as soon as possible afterwards, to the satisfaction of the recipient.
6.2. Delivery date and notification
PISAMONAS offers one delivery method:
-Standard Delivery: The delivery date of the products within the Iberian península or in the Balearic Islands will be between 3-4 working days, counted from when the User receives the order confirmation.
If the User has paid via bank transfer, the date of delivery of the product will be counted from the working day following the confirmation that payment has been made to the PISAMONAS account.
Despite the dates above, clients are informed that the delivery dates stipulated above are an estimate.
PISAMONAS informs its clients that it is not possible to send deliveries to PO Boxes.
PISAMONAS will not deliver orders on Saturdays, Sundays or on bank holidays.
Additionally, the User is informed that they will be able to collect their order in person at the address that appears in section 1, at no additional cost.
In the event that the User cannot be located at their address, the delivery company will try to leave a note if possible, depending on the type of residence, letting them know where their order is and how to go about collecting it.
For users outside Spain that would like to purchase any of the products that appear on the Website, please consult the rates and countries that we deliver to in the Deliveries section.
6.3. Delivery procedure
The User should check that the package is in good condition in the presence of the driver who is carrying out the delivery of the product. It is important to take photos to evaluate them to be able to complain to delivery companies at a later date.
If the client detects any issues with the product, they should indicate this on the delivery note and then communicate it to PISAMONAS by sending an email to the following address:
customerservice@pisamonas.co.uk PISAMONAS informs Users that the delivery company has an insurance policy which covers the risk of loss or damage to the product.
7. Returns and right to withdraw
7.1. Returns due to manufacturing defects
All of the products on offer through the website are completely original unless stated otherwise in the description. They all have a 3 year guarantee period from when the product is received, under the criteria and conditions established by the Royal Legislative Decree 1/2007, of the 16th of November and the General Law for the Protection of Consumers, and other relevant, complementary legislation. This guarantee is provided by the Supplier.
Taking into consideration that the Website sells products which have a typical lifespan of fewer than 3 years, it will be understood that, unless proven to the contrary, the products fulfil the terms of the contract if they meet all of the following requirements: a) They match the description made by the seller and possess the qualities that the seller presented to the user when displaying the product b) They are suitable for the uses which products of the same type are generally accepted to be used for c) They have the same quality and features that a product of the same type can be expected to have, taking the nature of the product into consideration
PISAMONAS’ clients benefit from the guarantee given by the different factories that produce each of the articles. Defects or imperfections due to the incorrect use of the material or wear caused by its use are not included in this guarantee. Failings in the product due to constraints in the design also do not come under this guarantee.
During the guarantee period, the User will be able to return to any product to PISAMONAS which has manufacturing defects without any additional cost. To formalise the return, the User should contact PISAMONAS through the form that can be found in the Exchanges and Returns section of the site here, which serves as an unequivocal withdrawal/declaration, indicating the product or products that are going to be returned and adding a photograph and a detailed description of the defects found. When this is received, PISAMONAS’ customer service team will organise the collection of the defective product to be sent to its warehouses, without any additional cost to the user.
If the product is defective, PISAMONAS will proceed, as necessary, to repair, substitute, lower the price or alter the contract, all of which will be free for the client. The client will inform the seller if defects have been found within 3 years.
Every product to be returned should be unused and have all of its labels, packaging, and if relevant, documentation and original accessories which came with it. If the User does not comply with this, PISAMONAS reserves the right to refuse the return.
Once the product has been received PISAMONAS will return the payment as quickly as possible and, without fail, within fourteen (14) days of the request being received by the PISAMONAS warehouses.
7.2. Cancellation, Exchanges or Returns
In the case that the User is not entirely satisfied with the products they receive, the User, under the General Law for the Defense of Consumers, has a period of thirty (30) calendar days to carry out any exchanges or refunds, with no penalties and no need to declare their motives. PISAMONAS will also be responsible for the cost of the exchange or the return of the order.
If the User wants to exchange or return a product, they should visit the “Exchanges and Returns” section. In this section, the User will find out how to exchange or return the product by following the steps specified in this section.
To formalise the exchange or return, the User should fill in and send the cancellation form which is found in the Exchanges and Returns section of the Website here. This serves as an unequivocal declaration and withdrawal. Once this is received, PISAMONAS’ customer service team will inform you of the request number and how you need to proceed to carry out the exchange or the return.
As an alternative, the User can download our cancellation form here which they should fill in and submit, signed, to customerservice@pisamonas.co.uk so that PISAMONAS’ customer service team can process the request as quickly as possible.
Every product to be returned should be in perfect condition, unused and with all its labels, packaging and, if relevant, with all of the original documentation and original accessories which came with it. If the product is not sent in this condition by the User, PISAMONAS reserves the right to refuse the return.
Once the product has been received PISAMONAS will return the payment as quickly as possible and, without fail, within fourteen (14) days of the request being received by the PISAMONAS warehouses.
8. Intellectual and industrial property
All of the rights to the content, design and source code of this Website and, especially, including but not limited to, photographs, images, texts, logos, designs, brands, commercial names, data included on the Website and anything else that counts as intellectual and industrial property belongs to PISAMONAS, who have the exclusive right to the use of the above or have the licence or permission from the creator.
Because of this and by virtue of Law 21/2014 of the 4th of November, which altered the texts of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of the 12th of April, and Law 1/2000, of the 7th of January, of Civil Procedure, as well as Law 17/2001 of the 7th of December, of Brands, and complimentary legislation regarding intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution and public communication of part or the whole of the content of the Website, through any means, is completely prohibited, unless PISAMONAS gives the User its express permission.
PISAMONAS does not concede any licence or authorisation for the use of its intellectual or industrial property or any other property or right related to its Website, and in no case will it be understood that accessing the site means that PISAMONAS renounces said rights or concedes a licence.
Any use of this content which has not been previously approved by PISAMONAS will be considered a serious breach of these intellectual and industrial property rights and will lead to the established legal processes being initiated.
9. Responsibility
PISAMONAS does not provide any guarantee or accept responsibility, under any circumstances, for any form of harm or damage that may result from the use of the products or the contents of the Website. Including and not limited to the following circumstances, PISAMONAS does not accept responsibility for:
- The loss, damage to, retention or delay in the delivery of the order due to unforeseen circumstances or any circumstances attributable to the User.
- The lack of availability, maintenance and effective operation of the Website and/or its services or contents, renouncing, as much as possible considering the current legislation, any responsibility for any kind of damage that might be caused by the lack of availability or continuity in the operation of the Website, such as, errors or delays in accessing the site on the part of the User when they need to enter their personal data on the order form, if they are unable or to receive the order confirmation, or any other anomaly that may arise.
- The Website or the content not operating properly on any service.
- The content of other pages which are linked to on the Website.
- The existence of viruses or malicious programs on the Website.
- Of the legal, negligent, fraudulent use, contrary to the present Terms and Conditions or good faith, of the Website or its content, on the part of the Users, including any infraction of the intellectual and/or industrial property rights of PISAMONAS or third parties.
In any case, PISAMONAS commits itself to solving any problems that might arise and offers all of the necessary support to the User to find a rapid and satisfactory solution to the incident. The responsibility of PISAMONAS, in the event of any complaint, will always be limited to returning the sum paid by the User to acquire the product or contract the service. In this sense, and in the widest possible sense permitted by the current legislation, the company will not take responsibility for indirect harm, and in particular, for any loss, harm, complain, responsibility, cost, penalty, ceased profit or any other consequence, whenever it occurs.
10. Opinion and comments
Users can participate in the Website by leaving comments as long as said comments as not illicit, inappropriate, obscene, abusive, dangerous, false, defamatory, invasive of the privacy of third parties, infringe intellectual rights and are not injurious or censure others in any other way, and whose content does not contain viruses, political propaganda, publicity, chain emails, mass emails or any other kind of spam.
PISAMONAS can remove any comments from their site that infringe the rights of PISAMONAS or third parties, as well as the present Terms and Conditions.
11. Modifications
The information that appears on this Website is current on the date it was last updated. PISAMONAS reserves the right to update, modify or delete information from the Website, as was as the Terms and Conditions, the privacy policy or any other information. Modifications to the terms and conditions will come into effect from the moment they are published on the Website.
12. Trusted third parties and code of conduct
PISAMONAS adheres to the code of contact CONFIANZA ONLINE which can be viewed, downloaded and/or printed through this website. This code of conduct guarantees to the users of the Website that it adheres to the current legislation and is subject to all of the rules of the code.
By virtue of adherence to the code of conduct mentioned, PISAMONAS informs the Users that it meets the requirements established by the Royal Degree 110/2015 of the 20th of February on electric and electronic waste, which aims to prevent and reduce the adverse impact caused by the generation of waste in the form of electric and electronic devices on human health and the environment.
13. Invalidity and effectiveness of clauses
If any cause included in the present Terms and Conditions is declared, totally or partially, null or void, this will only affect that clause or the part of it which is null or avoid, not affecting the rest of the clauses. It will be considered that that clause, or the affected section of it, does not exist.
14. Applicable legislation and jurisdiction
The present Terms and Conditions and subject to Spanish legislation. All sections, according to the Royal Legislative Degree 1/2007 of the 16th of November, along with the General Law for the Protection of Consumers and other complementary laws, are subject to the courts and tribunals of the place of residence of the User.
In addition, as an entity that conforms to CONFIANZA ONLINE and the terms of its Code of Ethics, in the case of a dispute relating to online publicity, data protection, protection of minors and accessibility, the User can turn to CONFIANZA ONLINE’s system for the extrajudicial resolution of disputes.
Users of the Website are conscious of everything laid out above and they accept it voluntarily. If a competent tribunal considers that any of the clauses in the present agreement violate the law, said clause will be rewritten in such a way that they reflect the intentions of the parties involved as accurately as possible, whilst all other clauses will remain applicable.
