Conditions of purchase

SPECIFIC CONTRACTING CONDITIONS

These conditions regulate the operation and functioning of the distance selling service of NICASE QUINCE, SL, (hereinafter PEZ) and, together with the specific conditions that may be established for a particular product or service, are conceived as a complement to the Use Policy, the Privacy Policy, the Legal Notice and any other legal texts published on https://pez-pez.es/ (hereinafter, the site or website).

These conditions have been drawn up in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce; Law 7/1998 on General Contracting Conditions; Law 17/2009, of November 23, on free access to service activities and their exercise; Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, and any other legal provisions that may be applicable.

The Customer who purchases products through the website acknowledges having read these conditions and expresses his full and unreserved acceptance of each and every one of them.

The conditions described here may be modified at any time at the request of PEZ, so these conditions will only be valid for each purchase or contract made by the Client to which they are applicable at that time. Therefore, PEZ informs the Client that they must read the conditions for each purchase made through the website.

The Client may access these conditions at any time, without having to purchase a product or acquire a service through the website. Likewise, the Client may store them in his/her computer system and, where appropriate, obtain a physical copy by printing it.

If you have any questions related to these conditions, you can contact us through the following email address info@pez-pez.es .

IDENTIFICATION OF THE CONTRACTING PARTIES

On the one hand, NICASE QUINCE, SL, (hereinafter PEZ), with registered office at C/Regueros, No. 15, 28004, Madrid, registered in the Mercantile Registry of Madrid, in Volume 20198, Folio 76, Section 8, Page M-356758 and with CIF No. B-84017011, telephone number 0034-913106677 and contact email address info@pez-pez.es .

And on the other hand, the Client, whose data is entered by him/herself in the registration form, to make the acquisition of any PEZ product or service after accepting these conditions.

PURPOSE OF THE CONTRACT

The purpose of the contract is to regulate the Specific Conditions of Contract for the products and/or services marketed by PEZ through the website https://pez-pez.es/ (hereinafter the site or website) and which consist primarily, but not limited to, fashion, accessories and decorative items.

Access to information is completely free, while the service of contracting products and/or services is onerous, specifying at all times the current prices of the product or service, shipping prices and tax charges.

These contractual conditions are applicable exclusively to consumers, and the resale of the purchased products is not permitted under any circumstances.

SERVICE AVAILABILITY

The products offered through the website will only be available in the national territory, including the Balearic Islands and the Canary Islands, and in the European Union.

Likewise, the contracting procedure will be carried out in the Spanish language, and PEZ may establish the possibility of carrying out the contracting of the service in other specified languages.

PROCEDURES FOR CELEBRATING THE CONTRACT AND PURCHASE PROCEDURE

Data entry or registration phase

In order to purchase a product and/or service from PEZ, you must be over 18 years of age and register as a Customer or log in with your email and password if you are already a registered Customer.

a) New Customer Registration:

If you register as a new customer, the following contact and billing information will be requested:

Name*
Last name*
Company
Country*
Street address*
Zip code*
Location/City*
Province*
Phone*
Email*

After entering the data, you can choose to create an account, in which case you will enter the chosen password*.

Fields marked with an asterisk must be completed in order to register and create a registered customer account.

Furthermore, in the registration form, the Client will be asked for his/her express authorization for PEZ to send him/her commercial information by email regarding the products and services marketed by said entity. Without prejudice to the informative communication regarding the processing of the Client's personal data included in the registration form itself, the Client is recommended to access the Privacy and Data Protection Policy to obtain more information on this matter.

b) Customers who are already registered can enter their email address and password. The Customer can modify or correct the information for the order they are placing in their customer account.

Product selection:

- To place an order, go to the store and select the product you wish to purchase.

- Once you have chosen the product, you must select the variety (size, colour, etc.) if the option exists in the drop-down menu and click on the “Add to basket” button. The product will be added to your “Cart”.

- If you want to add more products to the cart, you can return to the store to repeat the process.

- As you add products to your "Cart" a draft order will be updated simultaneously, which you can consult at any time by clicking on "Cart" in the top right corner of the screen. The summary of the contents of your cart will appear on the right and you can modify the number of units you want of a product using the arrows in the box located under the product price.

- Once you have selected all the products for your purchase, go to “Cart” and click “Complete Order”.

- If you are not registered, the application will ask you to register by filling out the form that will appear on the screen.

- If you are already a registered Customer, you must enter your username and password.

- Once you have registered or entered your username and password, you must click the “Continue to shipping method” button and choose between the shipping options.

- Then you must click on “Continue to payment method” and choose the payment method you want from the available options.

- Once the data has been entered, payment has been made and the Specific Terms and Conditions of Contract have been accepted, the application sends the details of your order to PEZ, along with your contact information. The customer will receive a notification that the order has been correctly received by PEZ.

- PEZ will proceed to check the existence of the chosen product in the physical stock of the store and if it is available, and as proof of the order, a confirmation email will be sent to inform you of the formalization of the purchase.

- Once the purchase has been accepted by PEZ, payment will be accepted and the package will be sent. The customer will also be offered the option of printing their order.

Payment method, shipping and delivery costs

Payment for the selected products will be made through the virtual Point of Sale Terminal of the payment gateway of the PEZ collaborating banking entity, with the shipment of the products being subject to their availability in stock, the receipt and acceptance by PEZ of the payment for the order and the acceptance of the payment by the collaborating entity in the second.

PEZ will make the delivery by courier service within a maximum of 5 working days in the Peninsula from the confirmation of the availability of the product in stock and the acceptance of the payment by the corresponding bank and the orders destined for the Balearic Islands, Canary Islands, Ceuta and Melilla within a period of 10 working days. The sealed and adequately protected merchandise will be delivered to the address indicated by the Client, except Saturdays, Sundays and holidays during the following hours: from 9 a.m. to 7 p.m.

PEZ guarantees delivery within the timeframes and areas indicated above of all products that actually exist in stock for all orders received at our offices before 7 p.m., once payment has been authorized. Orders received on Saturdays, Sundays and holidays will be considered received on the first working day after the order.

PEZ is not responsible for any delays in the delivery of your order due to reasons beyond its control.

Once you have received the goods, you must check their condition at the time of delivery. If you do not receive them properly sealed, you must reuse your delivery.

If possible, and without prejudice to the legally applicable guarantees, try to open the goods in the presence of the agency responsible for transporting them and if you see anything in poor condition, note it on the delivery note by adding your signature.

If you are not at the designated delivery location when the order arrives, a note will be left or a notice will be sent and the shipping agency will contact the Customer to arrange another delivery time.

The Customer shall not, under any circumstances, pay for the purchase to the transport agency. All shipments with freight due will have been validated in the invoice for payment to PEZ.

FORMALIZATION OF THE CONTRACT

To place an order, you must follow the online purchasing procedure described in section 4 of these conditions. Once the order request has been received by PEZ, the customer will receive an automatic notification. When PEZ has confirmed the availability of the requested products, it will proceed to accept the payment authorized by the customer and send the order to the address provided by the customer. The customer will receive a purchase confirmation email or SMS notifying them that the order has been sent. The contract for the purchase of a product between PEZ and the Customer will only be formalized when the Customer receives the Purchase Confirmation.

The Customer is hereby informed that all orders for products placed through the website are subject to their availability in the physical store's stock. In this regard, if there are difficulties in terms of their supply, or if there are no items left in stock, PEZ reserves the right to provide the Customer with information about substitute products of equal or higher quality and value that the Customer may order. If the Customer is not interested in another substitute product, PEZ will immediately cancel the order. PEZ will not accept payment authorised by the Customer until it has confirmed the availability of the products ordered. If you do not wish to order these substitute products, we will refund any amount that the Customer may have paid without undue delay and in any case within a maximum period of 10 days.

VALIDITY OF THE PURCHASE PROCEDURE AS PROOF OF ACCEPTANCE AND PERFECTION OF THE CONTRACT

Both parties – PEZ and the Client – expressly declare that the fact of electronically following all the steps described in point 4 for the purchase process of PEZ products, implies the full and express acceptance of these particular contracting conditions, understood sufficiently to contract.

PRICE AND OFFERS

The prices of PEZ products that the Client can purchase through the website will always be published next to each product and will be shown in Euros and with VAT included. PEZ will provide the Client with the itemized price, including the price of each product unit, the subtotal, the amounts of taxes applicable to each product according to current legislation, as well as the costs derived from shipping or any other costs that may affect the Client. In any case, PEZ will provide the Client with the itemized price during the purchasing process, allowing the Client to know the exact amount of the product and the other concepts indicated above.

PEZ also states that the Offers, Promotions and Discounts published on the website will be subject to and limited to the product for which they are advertised, the time period established, as well as any other conditions that PEZ unilaterally decides to establish. In any case, PEZ will clearly, visibly and expressly indicate the aforementioned information so that the Client can distinguish and understand the Offer, Promotion or Discount.

METHOD OF PAYMENT

The order will be paid for by credit and/or debit card or Paypal. Payments can be made by Visa, Mastercard and American Express. The card used for payment must be owned by the Customer who purchased the PEZ product. If the credit and/or debit card holder and the Customer are different persons, it is an essential requirement that the purchase be made by the card holder. For these purposes, PEZ is exonerated from any liability arising from non-compliance with this clause, and PEZ shall not be liable for purchases made by a Customer using a card owned by a third party.

Payment by card will be made through a secure payment gateway belonging to Shopify Payments under a protocol and encryption that guarantees the security of the data provided by the Client. You can get help on the website: www.shopify.com.

In any case, PEZ is exonerated from all responsibility in relation to the confidentiality and security of the information and data provided by the Client when paying for their purchases through the website using the systems provided, to the extent that the processing of said information and data is not exclusively under the control of PEZ but of third-party financial intermediary service providers.

PRODUCT DELIVERY

The customer may choose to have the order sent to them or pick it up at the PEZ physical store, located at C/Regueros, 15, 28004 Madrid during business hours. If the customer chooses to have the order sent to them, PEZ will make the delivery via a courier service within a maximum period of 5 days in the Peninsula from receipt or acceptance of payment by the corresponding bank. For orders destined for the Balearic Islands, the Canary Islands, Ceuta and Melilla and the European Union, consult the conditions. The sealed and adequately protected merchandise will be delivered to the address indicated by the Customer, except on Saturdays, Sundays and holidays.

The product will be sent to the address expressly provided by the Customer in the form completed to make the purchase through the website. Therefore, the Customer is requested to check before formalizing the purchase that they have entered their contact details correctly. In this regard, PEZ is exonerated from any liability in the event that the delivery of the product cannot be carried out or is carried out with a delay due to inaccurate or incomplete data, due to the absence of the Customer or due to a case of Force Majeure. "Case of Force Majeure" shall mean all those causes that could not have been foreseen, or that even if foreseen were unavoidable, and that result in the non-compliance with any of its obligations. These include, but are not limited to, strikes, both by its own workers and by third-party workers, insurrections or revolts, as well as regulations dictated by any civil or military authority, natural disasters such as earthquakes, floods, lightning or fires, wars, lockouts or any other situation of force majeure.

The Customer is reminded that in no case will costs be charged for the transport and delivery of the product at the time of receiving it, although any transport and delivery costs arising from the purchase of a product through the website will be indicated and, where applicable, charged, exclusively at the time of making the purchase through the website.

RIGHT OF WITHDRAWAL

The Client may exercise his right of withdrawal in accordance with the provisions of the General Law on Consumers and Users, thus nullifying the contract entered into between the Client and PEZ without having to justify his decision and without any penalty of any kind. The Client has a period of 14 calendar days to exercise his right of withdrawal, counting from the moment he receives - at the address designated for such purposes - the product purchased through the website or from the day of the conclusion of the contract if the purpose of the contract is the provision of a service.

In order to effectively exercise the right of withdrawal, it is essential that the Customer informs PEZ of his decision to withdraw from the contract before the withdrawal period expires. To do so, he may use the withdrawal form provided to the Customer with the purchased product, download and send the withdrawal form electronically through the website or make another type of unequivocal declaration indicating his intention to withdraw from the contract. If the Customer chooses to notify the exercise of this right through the PEZ website, we will promptly send him an acknowledgement of receipt of said withdrawal by email. In any case, it is up to the Customer to prove that he has exercised his right of withdrawal in accordance with the provisions of these specific conditions. The Client is advised to carefully read the information contained in the withdrawal form before completing the withdrawal form, which explains to the Client how to complete it and the requirements for exercising the right of withdrawal to become effective.

The Customer must return the purchased product to PEZ in perfect condition, unsealed and with the original packaging. The right of withdrawal will be denied if the product has been unsealed by the Customer or if it is not packaged in the same way as it was sent.

The Client is reminded that failure to exercise the right of withdrawal within the specified period will not be an obstacle to the subsequent exercise of actions for annulment or termination of the contract when appropriate in accordance with the law.

RETURN OF DEFECTIVE PRODUCTS AND OTHER WARRANTIES

In cases where the Customer considers that the product does not comply with the order placed or has received it damaged, he/she must contact PEZ immediately by email at info@pez-pez.es providing the details of the product as well as the damage it has suffered, or by calling the telephone number 91 310 66 77.

The Customer must return the product to the address indicated in the first section of these conditions, which is also reflected in the withdrawal form that the Customer can find on the withdrawal page of the online store and at this link .

PEZ will carefully examine the returned product and will notify the Customer at the email address provided for this purpose, within a reasonable period of time, whether the return or replacement of the product is appropriate, if applicable. The return or replacement of the product will be carried out as soon as possible and, in any case, within 30 days following the date on which we send you an email confirming that the return or replacement of the non-compliant item is appropriate.

Amounts paid for products returned due to damage or defect, where this actually exists, will be fully refunded, including the costs incurred in delivering the item to you and the costs incurred by the Customer in returning it to PEZ. The refund will be made to the same credit card that was used to make the purchase.

WRITTEN COMMUNICATIONS

Any information or communications that PEZ sends to the Client shall be in writing. The Client agrees that communications with PEZ shall be electronic. For contractual purposes, the Client agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that PEZ sends to the Client electronically comply with the legal requirements of being in writing. Any notifications that the Client sends shall preferably be sent to the contact addresses published in these conditions and in any case, subsidiarily, on the website.

Filing a claim

The Client may submit complaints and claims to PEZ or request information about the products offered or contracted through the following channels:

By writing to the following address: Calle Regueros, nº15 local, 28004 Madrid
By calling the following number: 91 319 66 77
By sending an email to the following address: info@pez-pez.es

PEZ will respond to the Client as soon as possible and in any case within a maximum period of one month from the submission of the claim.

BASIC AND DETAILED INFORMATION ON DATA PROTECTION

The Client is informed of the following details regarding the processing of his/her personal data by PEZ:

Data controller: The controller of the Client's personal data is NICASE QUINCE, SL, with registered office at Término de C/Regueros, nº 15, 28004, Madrid.

Contact information info@pez-pez.es , telephone 0034-913106677.

Purposes and legal basis for data processing: The Client's personal data are processed for the following purposes and legal bases:

1.- Based on the contractual relationship established between PEZ and the Client, PEZ will process the data for the purpose of carrying out the execution of the contractual relationship, which includes: customer service, registration on the site, management of the user account (editing, changing the password, updating and modifying data, list management, order management and returns management), execution of the purchase and sale process and, where appropriate, return and exchange of the product, accounting, tax, administrative and billing management, sending and receiving communications related to the product purchase and sale process, returns management, claims management.

2.- Based on the consent given by the Client during registration, PEZ will process the data for the purpose of sending newsletters, news, invitations to events and advertising and promotional communications by post, email and other equivalent electronic means of communication in accordance with what is expressly authorized in each case by checking the box on the registration form.

3.- Based on compliance with legal obligations, PEZ may process user data for the following purposes: customer service, complaints management, response to requests and the exercise of actions and procedures before administrative and judicial bodies.

4.- Based on the legal basis of legitimate interest, PEZ will process the Client's data in order to exclude the Client from receiving commercial communications when the Client requests to unsubscribe from this service. In such case, PEZ will process the data of the interested party to retain the minimum data necessary to identify the interested party and to adopt the necessary measures to prevent the sending of advertising and promotional communications.

Recipients of the data: Based on the legal basis of the execution of the contractual relationship, the data will be communicated to the order delivery management entities for the delivery of the purchased products or those that must intervene in the provision of contracted services and to the collaborating financial entities for the collection and payment of the products or services. Based on the legal basis of compliance with legal obligations, the data will be communicated to Judges and Courts, where appropriate, when PEZ is legally required to do so; Consumer Arbitration Courts as well as consumer and user associations in the event of a dispute; the Tax Agency, for compliance with tax obligations, and to any other third parties to whom, by virtue of the applicable regulations, PEZ is obliged to communicate the data or is required to do so, such as, without limitation, administrative bodies or control authorities in matters of data protection, telecommunications and information society, the Public Prosecutor's Office, the Court of Auditors or the Ombudsman.

In addition, third-party service providers with the category of data processors may be recipients of the data for the purpose of providing services that support the tasks of data processing, always on behalf of PEZ and after signing a data processing contract with sufficient guarantees of security, confidentiality, return or destruction of data and compliance with the instructions given by PEZ to carry out the processing. These cases include the following categories of companies: web hosting service providers, communication delivery service providers, IT maintenance and support service providers and others.

International data transfers:

Data is not transferred internationally.

Data retention period: The personal data provided by the Client for the contracting of a product or service will be retained by PEZ for as long as the purpose for which they were collected is valid and, once this has ended, during the legal periods for the fulfillment of obligations and the attention to possible responsibilities.

Exercise of rights: The Client has the right to request PEZ to access his/her personal data, to rectify it, delete it, limit its processing and to oppose it. He/she also has the right to withdraw the consent given for processing at any time, without affecting the legality of the processing based on the consent prior to its withdrawal and the right to portability of his/her personal data, in the cases where legally applicable.

To exercise any of these rights, you must send a letter addressed to PEZ, to the following postal address: C/Regueros, nº 15, 28004, Madrid, or by email to info@pez-pez.es, indicating the right you are exercising and providing a copy of your ID/NIF or legally valid document to prove your identity.

The Client is informed that he/she has the right to lodge a complaint with a supervisory authority (in Spain the AEPD, whose contact details are www.aepd.es , address C/ Jorge Juan, 6. 28001 – Madrid, telephone 912 663 517) if he/she considers that he/she has not obtained satisfaction from PEZ in the exercise of his/her rights. However, on a voluntary basis and prior to filing said complaint with the AEPD, he/she may contact the Data Protection Officer of PEZ through the following email address info@pez-pez.es .

Furthermore, under Articles 21 and 22 of the Law on Information Society Services and Electronic Commerce (LSSICE), the Client has the right to object to the processing of their data for promotional purposes for the receipt of advertising and commercial communications, as well as the right to revoke at any time the consent given for this purpose by simply notifying PEZ of their wishes by sending an email to the following address: info@pez-pez.es or indicating UNSUBSCRIBE in the subject line. More information on the procedures for exercising these rights can be found in the privacy policy of https://pez-pez.es/

APPLICABLE LEGISLATION, JURISDICTION AND EXTRAJUDICIAL DISPUTE RESOLUTION

These particular conditions are governed by Spanish law. Except in cases where the Client is a consumer and user, in which case the parties will be subject to the Court or Tribunal corresponding to their domicile, the Parties, expressly waiving their own jurisdiction, submit to the Competent Courts and Tribunals for the resolution of any disputes that may arise. To file any claim, the contact addresses provided in section 13 of these Particular Contract Conditions are made available to the Client.

Link to the European Union Dispute Resolution Platform