GENERAL CONTRACTING CONDITIONS

This contractual document will govern the contracting of products and services through the dulcefunko.es website, owned by Francisco José Armero Alcaraz , hereinafter PROVIDER.

Acceptance of this document implies that the USER:

  • You have read, understand and understand what is stated here.
  • He is a person with sufficient capacity to contract.
  • Assume all the obligations set forth herein.

These conditions will have an indefinite validity period and will be applicable to all contracts made through the PROVIDER's website.

The PROVIDER informs that the business is responsible and knows the current legislation of the countries to which it sends the products, and reserves the right to unilaterally modify the conditions, without this affecting the goods or promotions that were acquired prior to the modification.

Identity of the contracting parties

On the one hand, the provider of the goods or services contracted by the USER is Francisco José Armero Alcaraz, with registered office at C/ Corbeta 44, 30710 Los Alcázares, MURCIA, Spain CIF 22988444J and with a telephone service to the client / USER 692734512.

And on the other hand, the USER, registered on the website using a username and password, over which he has full responsibility for use and custody, and is responsible for the veracity of the personal data provided to the PROVIDER.

Object of the contract

The purpose of this contract is to regulate the contractual relationship of sale created between the PROVIDER and the USER at the moment in which the latter accepts the corresponding box during the online contracting process.

The contractual relationship of sale entails the delivery, in exchange for a certain price and publicly exposed through the website, of a specific product or service.

Contracting procedure

The USER, in order to access the services or products offered by the PROVIDER, must register through the website by creating a user account. Therefore, the USER must freely and voluntarily provide the personal data that will be required, which will be treated in accordance with the provisions of Regulation (EU) 2016/679, of April 27 (GDPR), and the Law Organic 3/2018, of December 5 (LOPDGDD), and detailed in the Legal Notice and Privacy Policy of this website.

The USER will select a username and password, agreeing to make diligent use of them and not to make them available to third parties, as well as to notify the PROVIDER of the loss or theft of the same or possible access by an unauthorized third party, so that it proceeds to immediate blocking.

Once the user account has been created, it is reported that in accordance with what is required by article 27 of Law 34/2002, on Services of the Information Society and Electronic Commerce (LSSICE), the procedure hiring will follow the following steps:

  1. General contracting clauses.
  2. Order Shipment.
  3. Right of withdrawal.
  4. Claims.
  5. Force majeure.
  6. Competition.
  7. Overview of the offer.
  8. Price and term of validity of the offer.
  9. Reservations of products
  10. Transportation expenses.
  11. Form of payment, expenses and discounts.
  12. Purchase process.
  13. applicable warranties.
  14. Guarantees and returns.
  15. Applicable law and jurisdiction.

1.GENERAL HIRING CLAUSES

Unless specifically stipulated in writing, placing an order with the PROVIDER will imply acceptance by the USER of these legal conditions. No stipulation made by the USER may differ from those of the PROVIDER if it has not been expressly accepted in advance and in writing by the PROVIDER.

2.OrderShipment

The PROVIDER nor will send any order until you have verified that the payment has been made.

Merchandise shipments will usually be made by EXPRESS COURIER (POST, DHL, MRW, UPS, NACEX, etc.), according to the destination freely designated by the USER.

The delivery dates or deadlines will be understood as approximate, not constituting the delay essential non-compliance. In the event that the PROVIDER has not delivered the merchandise after 30 days from the agreed delivery date, the customer will be entitled to cancel the order and receive a refund of the total amount paid at no cost, and without thereby derive any liability for damages attributable to the PROVIDER.

The delivery time is usually between 3 and 7 working days, depending on the destination population and the chosen payment method. This term is understood as long as the availability of the merchandise has been confirmed and the full payment of the order has been verified.

The PROVIDER will not assume any responsibility when the delivery of the product or service does not take place, because the data provided by the USER is false, inaccurate or incomplete.

The delivery will be considered made when the carrier has made the products available to the USER and the USER, or their delegate, has signed the delivery receipt document.

It is the responsibility of the USER to verify the products upon receipt and expose all the exceptions and claims that may be justified in the delivery receipt document.

In the event that the contracting does not entail the physical delivery of any product, being these directly downloaded from the website, the PROVIDER will previously inform the USER regarding the procedure to follow to perform this download.

3.RIGHT OF WITHDRAWAL

The USER has the same rights and deadlines to proceed to make the return and / or claim the possible vices or defects that the product or service presents, both online and offline.

The USER has a period of fourteen calendar days, counted from the date of receipt of the product, to return it (article 71 of Law 3/2014, of March 27). Unless the return is made due to defects in the product, the shipping costs will be assumed by the USER. The product must be returned in its original packaging and in perfect condition.

The right of withdrawal may not be applied in the following cases:

  1. If the product is not in perfect condition.
  2. If the product packaging is not the original or it is not in perfect condition. The original packaging must protect the product so that it is received in perfect condition, the use of seals and adhesive tapes applied directly on it is prohibited.
  3. When the product is open without being able to show that it has not been used.
  4. In software applications that are directly downloaded through the portal.
  5. When they are personalized products or those that, for hygiene reasons or other exceptions legally provided for in article 103 of Law 3/2014, of March 27.

All returns must be communicated to the PROVIDER, requesting a return number (RMA) through the RMA form enabled for it, or by email to info@dulcefunko.es, indicating the invoice or order number .

Once the USER has received the RMA number, he will send the product to the PROVIDER, indicating this number in the shipping letter, with the transport costs at his expense, at the address of Francisco José Armero Alcaraz, C/ Corbeta 44, 30710 Los Alcázares, MURCIA. Spain.

4.CLAIMS

Any claim that the USER considers appropriate will be attended to as soon as possible, and can be made at the following contact addresses:

  • Postcard: Francisco José Armero Alcaraz, C/ Corbeta 44, 30710 Los Alcázares, MURCIA. Spain.
  • Phone: 692734512
  • Mail: info@dulcefunko.es

Online Dispute Resolution

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online conflicts between the USER and the PROVIDER, without the need to resort to the courts of justice, through the intervention of a third party, called the dispute resolution body, which acts as an intermediary between the two. This body is neutral and will dialogue with ambthe parties to reach an agreement, being able to finally suggest and / or impose a solution to the conflict.

Link to the ODR platform: https://ec.europa.eu/consumers/odr/

5.Major FORCE

The parties will not incur liability for any fault due to a major cause. The fulfillment of the obligation will be delayed until the cessation of the case of force majeure.

6.COMPETENCE

The USER may not assign, transfer or transmit the rights, responsibilities and obligations contracted in the sale.

If any stipulation of these conditions is considered null or impossible to fulfill, the validity, legality and fulfillment of the rest will not be affected in any way, nor will they be modified in any way.

The USER declares to have read, know and accept these General Conditions in their entirety.

7.GENERALITIES OF THE OFFER

All sales and deliveries made by the PROVIDER will be understood to be subject to these General Conditions.

No modification, alteration or agreement contrary to the Commercial Proposal of Francisco José Armero Alcaraz or what is stipulated herein, will have effect, except for an express written agreement signed by the PROVIDER, in this case, these particular agreements will prevail .

Given the continuous technical advances and product improvements, the PROVIDER reserves the right to modify its specifications regarding the information provided in its advertising, until it does not affect the value of the products offered. These modifications will also be valid in the event that, for any reason, the possibility of supplying the products offered is affected.

8.PRICE AND TERM OF VALIDITY OF THE OFFER

The prices indicated for each product include Value Added Tax (VAT) or other taxes that may be applicable. These prices, unless expressly stated otherwise, do not include shipping, handling, packaging, shipping insurance or any other additional services and attachments to the product or service purchased.

The prices applicable to each product are those published on the website and will be expressed in EURO currency. The USER assumes that the economic valuation of some of the products may vary in real time.

Before making the purchase you can check all the details of the budget online: items, quantities, price, availability, transport costs, charges, discounts, taxes and the total of the purchase. Prices may change daily as long as the order is not placed.

Once the order is placed, the prices will be maintained whether there are products available or not.

Any payment made to the PROVIDER entails the issuance of an invoice in the name of the registered USER or of the business name that he has informed at the time of placing the order. This invoice will be sent together with the product purchased to the email address provided by the USER.

For any information about the order, the USER may contact through the PROVIDER's customer service telephone number 692734512or via email to the address info@dulcefunko.es.

9. PRODUCT RESERVATIONS

The reservation DOES NOT guarantee the customer the arrival of the product. We do not decide the arrival dates but the distributors, so they may suffer delays or even cancellations, these being sent by order of order with preference for those reservations with full payments. Reservations cannot be combined with products in stock in the same order. If there are multiple reservations with different dates in an order, the products will not be shipped until the order is complete. If a full payment is combined with a partial payment in the order, the products will not be shipped until they are all available and have been paid for by the customer.

Many times when working with reservations, Funko provides a design or glam shot of how it would be finished. However, during the manufacturing process this finish may undergo changes without prior notice from Funko. At all times, from Dulce Funko we will try to offer our customers the most up-to-date images possible.

Types of reservations:

I) Full Payment: reservations with full payment will pay for the entire order including shipping and will have priority at the time of shipment. As soon as the order arrives at our warehouse, it will be sent to the address indicated by the client as soon as possible. In the case of full payments, the customer must choose the shipping method when completing the order and will be able to see if they have free expenses according to their amount.

II) Partial Payment: Partial payment reservations consist of leaving paid a signal of an order. When all the products arrive, an email will be sent to the customer to be able to finalize the order. You will have 7 days from when we send the message to proceed with the payment of the remaining amount. In the event that the customer does not pay within that time, the order will be canceled and the paid signal will be lost. In the case of partial payments, when the customer goes to the cart to place an order, the total price that he must pay at that time will come out. "What you have left to pay" indicates the amount to be paid once the products arrive without counting the cost of shipping. When it comes to obtaining free expenses, the value of the original amount of the order will be taken into account.

Temporarily only partial reservation orders from the Peninsula and the Balearic Islands are accepted.

10.TRANSPORTATION EXPENSES

Prices do not include shipping or communication costs, or installation, or complementary services, unless expressly agreed in writing to the contrary.

The shipping will be calculated at the time of saving the Shopping Cart or budget, since they are calculated by the weight of the products and by the delivery address.

The maximum transport rate applied is the following:

Peninsula and Portugal: € 6.99

Balearic Islands: € 9.99

Canary Islands, Ceuta and Melilla: € 29.99

European Union countries: € 19.99

Countries outside the European Union: € 29.99

11.PAYMENT FORMS, CHARGES AND DISCOUNTS

The PROVIDER enables the following ways to pay for an order:

  • Bank transfer to our CaixaBanK account.
  • Credit cards: VISA, MasterCard, American Express
  • PayPal
  • Bizum
  • Bancontact, Sofort, Giropay, Przelewy24, iDeal, Verkkopankki, EPS, MyBank, etc

12.PURCHASE PROCESS

Shopping Cart (budget simulation)

Any product from our catalog can be added to the Shopping Cart. In this, only the articles, the quantity, the price and the total amount will be observed. Once the Shopping Cart is saved, the taxes, charges and discounts will be calculated according to the payment and shipping data entered.

The Shopping Cart does not have any administrative link, it is only a section where a budget can be simulated without any commitment by both parties.

From the Shopping Cart you can place an order by following the steps below for its correct formalization:

  1. Checking the billing information.
  2. Checking the shipping address.
  3. Selection of the payment method.
  4. Place the order (buy).

Once the order is processed, the system instantly sends an email to the PROVIDER's management department.

Orders (purchase requests)

In a maximum of 24-48 hours, on working days, an email will be sent to confirm the order status and the shipping date.

13.APPLICABLE WARRANTIES

All products offered through the website are completely original, unless otherwise indicated in their description. All have a two-year warranty period, in accordance with the criteria and conditions described in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of consumers and users and other complementary laws.

14.GUARANTEES AND RETURNS

The guarantee of the products offered will respond to the following articles based on Law 23/2003, of July 10, on Guarantees for the sale of consumer goods:

I) Conformity of the products with the contract

1. Unless proven otherwise, it will be understood that the products are in accordance with the contract as long as they meet all the requirements expressed below, salvo that due to the circumstances of the case any of them is not applicable:

a) They conform to the description made by Francisco José Armero Alcaraz.

b) They are suitable for the uses to which products of the same type are ordinarily destined.

c) They are suitable for any special use required by the customer when he has informed Francisco José Armero Alcaraz at the time of the contract, provided that he has admitted that the product is suitable for this use. 

d) Present the usual quality and benefits of a product of the same type that the customer can reasonably expect, taking into account its nature and, where appropriate, the descriptions of the specific characteristics of the products made by Francisco José Armero Alcaraz.

e) Francisco José Armero Alcaraz describes the details, technical characteristics and photographs of the products provided by their manufacturer, so that he is not bound by these public statements.

2. The lack of conformity that results from an incorrect installation of the product will be equated to the lack of conformity of the same when the installation is included in the contract of sale and has been carried out by Francisco José Armero Alcaraz or under his responsibility, or by the USER when faulty installation is caused by an error in the installation instructions.

3. The responsibility for lack of conformity that the USER knows or has not been able to ignore at the time of the conclusion of the contract or that have their origin in materials supplied by the USER will not proceed.

II) Responsibility of the PROVIDER

Francisco José Armero Alcaraz will respond to the USER for any lack of conformity that exists at the time of delivery of the product. Francisco José Armero Alcaraz recognizes the USER the right to repair the product, to replace it, to lower the price and to terminate the contract.

III) Repair and replacement of products

1. If the product does not comply with the contract, the USER may choose between demanding its repair or replacement, unless one of these options is impossible or disproportionate. From the moment the USER informs Francisco José Armero Alcaraz of the chosen option, both parties must abide by. This decision of the USER is understood without prejudice to the provisions of article IV below for cases in which the repair or replacement fails to bring the product into compliance with the contract.

2. Any form of remediation that imposes on Francisco José Armero Alcaraz costs that, compared to the other form of remediation, are not reasonable, taking into account the value that the product would have if there were no lack of conformity, the relevance of the lack of conformity and if the alternative form of sanitation could be carried out without major inconveniences for the USER.

IV) Rules for the repair or replacement of the product

Repair and replacement will conform to the following rules:

a) They will be free for the USER.

This gratuity will include the necessary expenses incurred to correct the lack of conformity of the products with the contract, especially the shipping costs, as well as the costs related to labor and materials.

b) They will be carried out in a reasonable time and without major inconveniences for the user, taking into account the nature of the products and the purpose they had for the USER.

c) The reparation suspends the calculation of the periods referred to in article VII. The suspension period will begin as soon as the USER places the product at the disposal of Francisco José Armero Alcaraz and will conclude with the delivery to the USER of the already repaired product. During the six months after delivery of the repaired product, Francisco José Armero Alcaraz will answer for the lack of conformity that led to the repair. It is presumed that it is the same lack of conformity when defects of the same origin as those initially manifested are reproduced in the product.

d) The substitution suspends the terms referred to in article VII from the exercise of the option until the delivery of the new product. In any case, the second paragraph of Article VII shall apply to the substitute product.

e) If the repair has been completed and the product has been delivered, it is still not in accordance with the contract, the USER may demand its replacement, within the limits established in section 2 of article IV, or the price reduction or the termination of the contract in the terms of article V.

f) If the replacement fails to bring the product into compliance with the contract, the USERmay demand the repair of the same, within the limits established in section 2 of article IV, or the reduction of the price or the termination of the contract in the terms of articles V and VI.

g) The USER may not demand replacement in the case of non-expendable products, nor in the case of second-hand products.

V) Price reduction and contract termination

The price reduction and the termination of the contract will proceed, at the choice of the USER, when the USER cannot demand the repair or replacement of the product and in cases where these have not been carried out within a reasonable period or without major inconveniences for the USER. The resolution will not proceed when the lack of conformity is minor.

VI) Criteria for the price reduction

The price reduction will be proportional to the difference between the value that the product would have had at the time of delivery had it been in accordance with the contract, and the value that the product actually delivered had at the time of delivery .

VII) Deadlines

1.Francisco José Armero Alcaraz is responsible for any lack of conformity that appears within a period of two years from delivery. In second-hand products, Francisco José Armero Alcaraz and the USER may agree to a shorter period, which may not be less than one year from delivery.

Unless proven otherwise, it will be presumed that the lack of conformity manifested in the six months after delivery already existed when the product was delivered, except when this presumption is incompatible with the nature of the product or the nature of the lack of conformity.

2.Unless proven otherwise, delivery is understood to have been made on the day that appears on the invoice or purchase label, or on the corresponding delivery note if this is later.

3.The action to claim compliance with the provisions of the previous articles prescribes three years from the delivery of the product.

4.The USER must inform Francisco José Armero Alcaraz of the lack of conformity within two months from when he became aware of it.

Unless proven otherwise, it will be understood that the USER's communication has taken place within the established period.

VIII) Action against the producer

When the USER finds it impossible or an excessive burden to contact Francisco José Armero Alcaraz due to lack of conformity of the products with the contract of sale, he may claim directly from the producer in order to obtain the replacement or repair of the product. .

In general, and without prejudice to the fact that the responsibility of the producer ceases, in the same terms and conditions as those established for Francisco José Armero Alcaraz, the producer will respond for the lack of conformity when it refers to the origin, identity or suitability of the products, in accordance with their nature and purpose and with the rules that regulate them.

Producer is understood to be the manufacturer of a product or its importer in the territory of the European Union, or any person who presents himself as such by indicating his name, brand or other distinctive sign on the product.

Whoever has responded to the USER, will have a period of one year to repeat as responsible for the lack of conformity. This period is computed from the moment the sanitation was completed.

IMPORTANT NOTE ABOUT FUNKO PRODUCTS : Neither paint defects nor box damage are subject to claim, since they are not recognized by Funko itself.

15. APPLICABLE LAW AND JURISDICTION

These conditions will be governed or interpreted in accordance with Spanish legislation in that which is not expressly established. The PROVIDER and the USER agree to submit to the courts and tribunals of the USER's domicile any controversy that may arise from the provision of the products or services that are the object of these Conditions.

In the event that the USER is domiciled outside of Spain, the PROVIDER and the USER expressly waive any other forum, submitting to the Courts and Tribunals closest to the town of San Javier, Murcia. Spain.

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