GENERAL CONDITIONS OF SALE

1. GENERAL INFORMATION

The ownership of this website blockytoys.com, (hereinafter Website) boasts: Israel Mateo Manzano, with NIF: 46707708K, and whose contact details are:

Address: Av. Martí Pujol, 301 Block 11 3o 1a 08912 Badalona – Barcelona

Contact phone number: 619428310

Contact email: info@blockytoys.com

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

For the purposes of these Conditions, it is understood that the activity that BlockyToys developed through the Website includes:

Retail sale of toys

In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy, and the privacy and data protection policy of BlockyToysBy using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by all of the above, so if you do not agree with all of the above, you should not use this Website.

Likewise, you are informed that these Conditions may be modified. The User is responsible for consulting them each time he/she accesses, browses and/or uses the Website, since those in force at the time when the acquisition of products and/or services is requested will be applicable.

For any questions the User may have regarding the Conditions, he/she may contact the owner using the contact details provided above or, where appropriate, using the contact form.

2. THE USER

Access, navigation and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), and therefore, from the moment navigation on the Website begins, all the Conditions established herein are accepted, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.

The User assumes responsibility for the correct use of the Website. This responsibility shall extend to:

• Use this Website only to make legally valid inquiries and purchases or acquisitions.
• Do not make any false or fraudulent purchases. If it could reasonably be considered that such a purchase has been made, it may be cancelled and the relevant authorities will be informed.
• Provide true and lawful contact information, for example, email address, postal address and/or other information (see Legal Notice and General Conditions of Use).

The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.

The Website is primarily aimed at Users residing in Spain. BlockyToys does not guarantee that the Website complies with the laws of other countries, either in whole or in part. BlockyToys declines all responsibility that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.

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

3. PURCHASE OR ACQUISITION PROCESS

Users duly registered You can purchase on the Website by the established means and forms. You must follow the online purchase and/or acquisition procedure of blockytoys.com, during which various products and/or services can be selected and added to the cart, basket or final purchase space and, finally, click on: “Finalize purchase”

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

The User will then receive an email confirming that BlockyToys has received your order or request for purchase and/or provision of the service, i.e. the order confirmation. And, where applicable, you will also be informed by email when your purchase is being shipped. Where appropriate, this information may also be made available to the User through his or her personal connection space to the Website.

Once the purchase procedure has been completed, the User agrees that the Website will generate an electronic invoice that will be sent to the User via email. and where appropriate, through your personal connection space to the Website. Likewise, the User may, if he so wishes, obtain a paper copy of his invoice by requesting it from BlockyToys using the contact spaces on the Website or through the contact information provided above.

The User acknowledges that he/she is aware, at the time of purchase, of certain specific conditions of sale that concern the product and/or service in question and that are shown next to the presentation or, where applicable, image of it on its page of the Website, indicating, by way of example, but not exhaustively, and depending on each case: name, price, components, weight, quantity, colour, details of the products, or characteristics, the way in which they will be carried out and/or the cost of the services; and acknowledges that placing the purchase order or acquisition materialises the full and complete acceptance of the specific conditions of sale applicable to each case.

Unless expressly stated otherwise, BlockyToys is not the manufacturer of the products sold or that may be marketed on the Website. Although BlockyToys makes great efforts to ensure that the information displayed on the Website is correct. Occasionally, the packaging and/or materials and/or components of the products may contain additional or different information than that which appears on the Website. Therefore, the User must not only consider the information provided by the Website, but also the information available on the labelling, warnings and/or instructions that accompany the product.

The User knows that BlockyToys shows you for your interest a series of services that the owner does not provide to the Users directly, but rather they will be contracted and provided by a third party other than BlockyToys.

4. AVAILABILITY

All purchase orders received by BlockyToys through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If there were difficulties in the supply of products or there were no products in stock, BlockyToys undertakes to contact the User and refund any amount that may have been paid as a fee. This will also apply in cases where the provision of a service becomes unfeasible.

5. PRICES AND PAYMENT

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

Shipping costs are included in the final prices of the products as shown on the Website. Thus, BlockyToys performs delivery and/or shipping services through: Post Office, Express Post, Keavo.

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

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

The accepted payment methods will be: PayPal

BlockyToys utiliza todos los medios para garantizar la confidencialidad y la seguridad de los datos de pago transmitidos por el Usuario durante las transacciones a través del Sitio Web. Como tal, el Sitio Web utiliza un sistema de pago seguro SSL (Secure Socket Layer).

If the payment method is PayPal, The charge will be made at the time when BlockyToys send a confirmation of the purchase order or acquisition of products and/or services to the User.

In any case, by clicking on “Finalize purchase"The User confirms that the payment method used is his/her own.

6. DELIVERY

In cases where physical delivery of the contracted goods is required, deliveries will be made within the following territory: Spain (Peninsula and Balearic Islands)

Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.

If for any reason attributable to him, BlockyToys If the delivery date cannot be met, the User will be contacted to inform him of this circumstance and he may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on working days.

If delivery of the order is not possible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining where the order is and how to have it delivered again.

If the User is not going to be at the delivery location during the agreed time slot, he/she must contact BlockyToys to arrange delivery on another day.

In the event that 30 days have passed since your order was available for delivery, and it has not been delivered for reasons not attributable to BlockyToys, BlockyToys will understand that the User wishes to withdraw from the contract and the contract will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional costs resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.

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

For the purposes of these Conditions, delivery shall be deemed to have taken place or the order to have been delivered at the time when the User or a third party indicated by the User acquires material possession of the products, which shall be accredited by the signature of receipt of the order at the agreed delivery address.

The risks that may arise from the products will be the responsibility of the User from the moment of delivery. The User acquires ownership of the products when BlockyToys 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 this takes place at a time later than the full receipt of the amount to be paid by BlockyToys.

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

7. TECHNICAL MEANS TO CORRECT ERRORS

The User is hereby informed that if he or she detects that an error has occurred when entering the data necessary to process his or her purchase request on the Website, he or she may modify the data by contacting BlockyToys through the contact spaces enabled on the Website, and, where applicable, through those enabled to contact customer service, and/or using the contact details provided in the first clause (General information). Likewise, this information may also be corrected by the User through his/her personal connection space on the Website.

In any case, the User, before clicking on “Finalize purchase“, you have access to the space, cart, or basket where your purchase requests are recorded and you can make modifications.

Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.

8. RETURNS

In cases where the User purchases products on or through the owner's Website, he or she has a series of rights, as listed and described below:

Right of Withdrawal

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

This withdrawal period will expire 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Website of BlockyToys or in the event that the goods that make up your order are delivered separately, 14 calendar days after the day that the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days after the day the contract is signed.

To exercise this right of withdrawal, the User must notify his decision to BlockyToysYou may do so, where appropriate, through the contact spaces provided on the Website.

The User, regardless of the means chosen to communicate his decision, must clearly and unequivocally express his intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form template provided BlockyToys makes available to you as an annex to these Conditions, however, its use is not mandatory.

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

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

BlockyToys will reimburse the User using the same payment method that the User used to make the initial purchase transaction. This refund will not generate any additional costs for the User. However, BlockyToys may withhold such refund until it has received the purchased products or items, or until the User presents proof of the return of the same, depending on which condition is met first.

The User can return or send the products to BlockyToys in: Av. Martí Pujol, 301 Block 11 3o 1a 08912 Badalona – Barcelona

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

The User acknowledges that he/she must bear the direct cost of returning the goods (transport, delivery), if any. In addition, he/she will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics and functioning of the goods.

El Usuario reconoce saber que existen excepciones al derecho de desistimiento, tal y como se recoge en el artículo 103 del Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias. De forma enunciativa, y no exhaustiva, este sería el caso de: productos personalizados; productos que puedan deteriorarse o caducar con rapidez; CDs/DVD de música o video sin su envoltorio, tal y como se precinta en fábrica; productos que por razones de higiene o de la salud van precintados y han sido desprecintados tras la entrega.

In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been completely executed, or when it has begun, with the express consent of the consumer and user and with the recognition on their part that they are aware that, once the contract has been completely executed by BlockyToys, you will have lost your right of withdrawal.

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

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

The withdrawal form template can be downloaded from the following link:

Return of defective products or shipping errors

These are all those cases in which the User considers that, at the time of delivery, the product does not comply with what is stipulated in the contract or purchase order, and that, therefore, he/she must contact BlockyToys immediately and inform them of the existing disagreement (defect/error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).

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

The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.

The amount paid for products returned due to a defect, when this actually exists, will be fully refunded, including delivery costs and any costs that the User may have incurred in making the return. The refund will be made using the same payment method that the User used to pay for the purchase.

In any case, the rights recognized in the legislation in force at any given time for the User, as a consumer and user, will always be observed.

Warranties

The User, as a consumer and user, enjoys guarantees on the products that he may acquire through this Website, in the terms legally established for each type of product, responding BlockyToys, therefore, for any lack of conformity thereof that becomes apparent within a period of three years from delivery of the product.

In this sense, it is understood that the products comply with the contract provided that: they fit the description made by BlockyToys and have the qualities presented therein; are suitable for the uses to which products of the same type are ordinarily intended; and present the quality and performance that is usual for a product of the same type and that are fundamentally expected of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the section Return of defective products or shipping errors. However, some of the products sold on the Website may present non-homogeneous characteristics provided that these derive from the type of material with which they have been manufactured, and which will therefore form part of the individual appearance of the product, and will not be a defect.

On the other hand, it may be the case that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he or she also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise his or her legal warranty right directly against them during the three years following the delivery of said products. To do so, the User must have kept all the information regarding the warranty of the products.

However, to learn more about the After-Sales Service that BlockyToys makes available to Users of the Website, which can be consulted here: https://blockytoys.com/contacto/

9. DISCLAIMER

Unless otherwise provided by law, BlockyToys will not accept any liability for the following losses, regardless of their origin:

• any losses which were not attributable to any breach on its part;
• business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
• any other indirect loss that was not reasonably foreseeable by both parties at the time the contract of sale of the products was entered into between both parties.

Likewise, BlockyToys It also limits its liability in the following cases:

• BlockyToys applies all measures concerning providing a faithful display of the product on the Website, however it is not responsible for any minor differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used or others of this nature.
• BlockyToys will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages arising from poor transport performance, especially due to causes such as strikes, roadblocks, and in general any other causes inherent to the sector, which result in delays, loss or theft of the product.
• Technical failures that, for fortuitous or other reasons, prevent the normal operation of the service via the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. BlockyToys makes every effort to carry out the purchase, payment and shipping/delivery process of the products, however it is exempt from liability for causes not attributable to it, such as unforeseeable events or force majeure.
• BlockyToys will not be held responsible for any misuse and/or wear and tear of the products that have been used by the User. At the same time, BlockyToys will not be held responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
• In general, BlockyToys shall not be liable for any failure or delay in the performance of any of its obligations when such failure or delay is due to events beyond its reasonable control, that is, due to force majeure, which may include, but is not limited to:
  • Strikes, lockouts or other protest measures.
  • Civil commotion, riot, invasion, terrorist threat or attack, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
  • Inability to use trains, boats, planes, motor vehicles or other means of transport, public or private.
  • Inability to use public or private telecommunications 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 BlockyToys will have an extension of the deadline to comply with them for a period of time equal to the duration of the cause of force majeure. BlockyToys will use all reasonable means to find a solution that will allow it to fulfill its obligations despite the cause of force majeure.

10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS

By using this Website, the User accepts that most of the communications with BlockyToys whether electronic (email or notices posted on the Website).

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

The User may send notifications and/or communicate with BlockyToys through the contact details provided in these Conditions and, where applicable, through the contact spaces on the Website.

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

11. WAIVER

No resignation of BlockyToys to a specific right or legal action or the lack of a requirement by BlockyToys Strict compliance by the User of any of his/her obligations shall not constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with his/her obligations.

No resignation of BlockyToys Any waiver of any of these Conditions or of the rights or actions arising from a contract shall take effect unless it is expressly established that it is a waiver and is formalized and communicated to the User in writing.

12. NULLITY

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

13. COMPLETE AGREEMENT

These Conditions and any document expressly referred to herein constitute the entire agreement between the User and BlockyToys in relation to the object of sale and replace any other previous agreement, pact or promise agreed verbally or in writing by the same parties.

The User and BlockyToys acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.

14. DATA PROTECTION

The information or personal data that the User provides to BlockyToys in the course of a transaction on the Website, will be treated in accordance with the provisions of the Privacy Policy or data protection policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is true.

15. APPLICABLE LEGISLATION AND JURISDICTION

Access, navigation and/or use of this Website and the contracts for the purchase of products through it shall be governed by Spanish law.

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

16. COMPLAINTS AND CLAIMS

The User may send to BlockyToys your complaints, claims or any other comments you wish to make through the contact details provided at the beginning of these Conditions (General Information).

Besides, BlockyToys has official complaint forms available to consumers and users, which they can request from BlockyToys at any time, using the contact details provided at the beginning of these Conditions (General Information).

Likewise, if the celebration of this purchase contract between BlockyToys y el Usuario emanara una controversia, el Usuario como consumidor puede solicitar una solución extrajudicial de controversias, de acuerdo con el Reglamento (UE) 524/2013 del Parlamento Europeo y del Consejo, de 21 de mayo de 2013, sobre resolución de litigios en línea en materia de consumo y por el que se modifica el Reglamento (CE) 2006/2004 y la Directiva 2009/22/CE. Puede acceder a este método a través del siguiente sitio web: https://ec.europa.eu/consumers/odr/.