General Terms and Conditions of use
The orders of persons, he or she, to whom in this document will be referred to as “CLIENT”, placed in www.superpipapo.com, in this document being referred to as “SUPERPIPAPO”, are subject to the following General Terms and Conditions:
1 Applicability
1.1 – These General Terms apply to all offers made by “SUPERPIPAPO” and all agreements with “SUPERPIPAPO”, as far as parties have not explicitly agreed in written statement that these General Terms do not apply.
1.2 – When accepting an offer or placing an order the “CLIENT” accepts the applicability of these General Terms as well as all other legal rights and obligations as indicated on www.superpipapo.com.
1.3 – “CLIENT” ´s who wish to use their own terms and conditions must have “SUPERPIPAPO” ´s explicit agreement in writing, leaving all other remaining General Terms applicable without change.
1.4 – A “CLIENT” is defined as each visitor to the website or any person or legal entity having a contractual relation or intending to having a contractual relation with “SUPERPIPAPO”
1.5 – “SUPERPIPAPO” has got the right to update or add conditions to these General Terms at any time.
1.6 – “SUPERPIPAPO” is authorized to make use of intermediaries and other third parties while executing the agreement with a “CLIENT” in which case these General Terms are applicable as well without change.
2 Offers / agreements
2.1 – All offers made by “SUPERPIPAPO” are without obligation and as far as items are in stock.
2.2 – “SUPERPIPAPO” explicitly has the right to update prices.
2.3 – An agreement is reached when the “CLIENT”´s full payment of the order is received in the bank account of “SUPERPIPAPO” as being indicated to the “CLIENT” placing the order.
2.4 – The “CLIENT”´ and “SUPERPIPAPO” agree explicitly that using electronic means of communication results in a valid agreement as soon as an agreement has been reached. The electronic archives of both “SUPERPIPAPO” and “CLIENT” are considered legally acceptable valid evidence or indication of evidence.
2.5 – Information, graphics, images, oral announcements, given by telephone or via email as well as any statements with regards to all offers and the most important characteristics of products are displayed or made in the most accurate manner. However, “SUPERPIPAPO” does not guarantee that all offers and products completely comply with the given information. Deviations in principle cannot lead to compensation and/or cancellation.
3 Prices and payments
3.1 – All prices quoted by “CREATE” are in Euros, including VAT and excluding shipment costs and administration fees, unless explicitly stated otherwise or agreed upon in a written statement.
3.2 – Shipment costs and administration fees are listed on the Internet site. These costs and fees are dependent on the value of the order measure of payment and the requested shipping method.
3.3 – Special offers are only valid during the period quoted on the internet site with respect to that specific offer and can be subject to change if the “CLIENT” has not completed his/her order in the payment system whilst saving desired articles in his/her shopping basket.
3.4 – “SUPERPIPAPO” will not be obliged to comply to offers en case the “CLIENT” by applying normal reason and criteria as being valid in society could have obviously detected that there was a mistake or typographical error made.
3.5 – Offers do not automatically apply to repeat orders.
3.6 – Agreements, for which any due payment has not been received by “SUPERPIPAPO” after two weeks of the initial order date, will automatically be cancelled.
4 Delivery
4.1 – “SUPERPIPAPO” holds most items in stock. Orders are handled and shipped as quickly as possible after the full payment of the order has been received. Nevertheless, the shipping period is strictly indicative and is not guaranteed. If indicated shipping period is exceeded, the Customer is not entitled to any claim for compensation nor does the Customer have the right to cancel the agreement in such case, unless the delay is of such duration that the Customer could reasonably not be expected to keep the agreement. In such cases the Customer is entitled to cancel the order or dissolve the agreement as far as this is necessary. The amount been paid to “SUPERPIPAPO” for the cancelled order will be reimbursed.
4.2 – The order is shipped to the shipping address as supplied by the “CLIENT” when the order is completed and will always be send as a urgent and certified lettter or package as certified by Spanish Post.
5 Ownership and risks
5.1 – The ownership of products is passed, to the “CLIENT” only when the full sum of the order or orders have been paid and “CLIENT” has fulfilled its obligations with regard to the agreement.
5.2 – The risk with regard to the products is passed to the “CLIENT” at the moment the products are placed at the disposal of the delivering party. Any return shipment is at the risk and costs of the “CLIENT” and must be accompanied by a written statement explaining the reasons of the return. In case the client does not receive the products the costs and damages hereby caused are at the account of the “CLIENT”. In this case “SUPERPIPAPO” will be obliged when requested to present a copy of the certification bill and sending of the products, including information about the date of shipment, the weight of the package and the paid shipping costs.
6 Guarantee and responsibility
6.1 – “SUPERPIPAPO” offers a three-month guarantee on all purchased articles. This guarantee does not apply if damage is due to normal wear and tear as well as in any of the following cases: inexpert use, malice or gross inattention, water damage, freezing and spoiling. The applicability of guaranty will be subject to the analysis by “SUPERPIPAPO” in order to determine its justification.
6.2 – “SUPERPIPAPO” can never be obliged to pay any compensation to the Customer or third party, unless it is a question of malice or major fault on “SUPERPIPAPO” ´s part. “SUPERPIPAPO” may never be held responsible for collateral damage, damage to business, indirect damage and loss of profit or turnover.
6.3 – If “SUPERPIPAPO” is obliged for any reason to make good any damage the compensation is never more than the amount on the invoice for the product or service that caused the damage.
6.4 – On its internet site “SUPERPIPAPO” offers links to other internet sites that may be interesting or informative for its visitors. These links are purely informative. “SUPERPIPAPO” is not responsible for the contents of the referenced internet site or the use of it. 6.5 – “SUPERPIPAPO” does not accept nor has any responsibility for the payment of any taxes, customs tariffs or any contribution stipulated in the legislature of the country of destination and regarding to the sent articles. In accepting the conditions “CLIENT” expresses that this responsibility exclusively is of the “CLIENT” him or herself.
7 Force Majeure
7.1 – In case of Force Majeure “SUPERPIPAPO” is not obliged to honour its obligations to the Customer or the obligation is held up for as long as the Force Majeure lasts.
7.2 – Force Majeure is any circumstance “SUPERPIPAPO” has no control over, preventing “SUPERPIPAPO” from honouring its obligations towards the Customer fully or partially. These circumstances include strike, fire, business disturbance, energy supply faults, non-delivery or not-in-time delivery by suppliers or other called in third parties and the absence of any government issued license. Disturbances in a (telecommunication) network or used communication systems as well as the unavailability of the Internet site at any time are also understood by Force Majeure.
8 Intellectual property
8.1 – The “CLIENT” recognizes explicitly that all right of intellectual property of the reported information, graphics, announcements or other expressions regarding the products, the inspiration and the internet site in general are vested in “SUPERPIPAPO” , its suppliers or other rightful claimants.
8.2 – Intellectual property includes patents, copyright, trademarks, graphical and modelling rights and other (intellectual property) rights, including technical and/or commercial know how, methods and design, both patented and not patented.
8.3 – “CLIENT” is prohibited to use, including making adaptations, intellectual property rights as described in this article, such as duplication, without the explicit preceding written permission of “SUPERPIPAPO”, her suppliers or other rightful claimants, unless the use is purely personal in relation to the product itself.
9 Applicable law en competent court
9.1 Spanish law is exclusively applicable to all rights, obligations, offers, orders and agreements to which these General Terms and Conditions apply as well as these General Conditions and Terms.
9.2 All disputes between parties will be exclusively propounded to the competent court in Spain.
10 Various
10.1 The present notifications in the “disclaimer” as in the “General Terms and Conditions” are regulating the use and services of the internet portal and virtual shop : “http://www.superpipapo.com”, owned by Créate Vinaròs S.L. with seat at Calle R 19 – Cala Puntal, 12500 en Vinaròs con NIF B-12821526, registered at the chamber of commerce en Castellón, in this document referred to as “SUPERPIPAPO.”. The European Inter Communitarian VAT number is: ES- B12821526
The corresponding physical retail store of “SUPERPIPAPO”, called Créate, is seated at:
Address:
Calle R 19 – Cala Puntal, 12500 en Vinaròs
Spain
– Email: super@superpipapo.com
– Telephone: +34 661 82 61 63
10.2 We kindly ask to send all correspondence to the above address or email address.
10.3 If “SUPERPIPAPO” has permitted deviations of the General Terms and Conditions for a short or longer period of time, tacitly or not, it does not affect its right to require direct and strict fulfillment of these General Terms and Conditions. The Customer does not have any claiming right based on the fact “SUPERPIPAPO” has applied these General Terms and Conditions in a flexible manner.