TERMS AND CONDITIONS
FISH & KIDS wishes to offer you its online shopping service so that you can buy from anywhere in the world, any time you choose.
This document, together with all the documents mentioned therein, contains the general terms and conditions that govern the contract that binds you to FISH & KIDS. Therefore, we ask you to read it carefully, reminding you that we are available to clarify any doubts you may have, through our Customer Service.
By using this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policy, so if you do not agree with them you should not use this page Web.
The information or personal data that you provide us will be treated in accordance with the established in the Data Protection Policy, with the use of this web page you are consenting to the treatment of this information and data that facilitates us by declaring that the same are true and correspond to reality.
You can contact us by e-mail at the following address: info@fishandkids.es; Or by mail at the following address: Lugar Vilar 116, Crendes, Abegondo, 15318, A Coruña
We will be happy to help you resolve any questions, queries or suggestions you may have.
FISH & KIDS reserves the right to revise and modify these General Conditions at any time and will be subject to the terms in force at the time of placing the order.
1.- WEB SITE
The general terms and conditions presented herein are the only terms applicable to the use of this website, the sole owner of which is FISH & KIDS, SL, registered in the Mercantile Register of Madrid, at volume 34.049 folio 11 sheet M-612609 inscription 1st and NIF B87400651.
2.- USE OF OUR WEBSITE
By making use of this website and placing orders through it, you agree to:
- Make use of this web page only for legally valid queries or requests.
Ii. Do not make any false or fraudulent orders. If it can reasonably be considered that such a request has been made, we will be authorized to cancel it and inform the relevant authorities.
Iii. Provide us with your email address, postal address and / or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
If you do not give us all the information we need, we will not be able to take your order.
By placing an order through this website, you claim to be over 18 years of age and have the legal capacity to enter into contracts.
3.- DISTRIBUTION OF PRODUCTS
The products offered by FISH & KIDS through this website are available for shipment to the following countries:
Slovakia, Estonia, Hungary, Latvia, Lithuania, Slovakia, Slovenia, Spain, Portugal, France, Monaco, Holland, Belgium, Luxembourg, United Kingdom, Germany, Austria, Denmark, Poland, Czech Republic, Greece, Croatia, Cyprus, Turkey, the United States, Canada, Puerto Rico, South Korea, Japan, Taiwan, China, Hong Kong, Singapore, Australia and New Zealand. South Africa, Mexico, Colombia, Bolivia, Brazil, Argentina, Chile, Costa Rica, India, Israel, Kuwait, Lebanon, Qatar, Saudi Arabia, United Arab Emirates
4.- AVAILABILITY OF THE PRODUCTS
All orders are subject to the availability of the products. If there are difficulties in the supply of products or if there are no items in stock, we will reimburse any amount that you may have paid.
5.- PRODUCT WARRANTY
All products supplied by FISH & KIDS have the guarantees required by current consumer and user legislation, namely Royal Legislative Decree 1/2007 of 16 November, which approved the new text of the General Law of Consumers and Users and other complementary laws.
For this guarantee to be effective, it is vital to keep the document or documents supporting the purchase that FISH & KIDS offers.
In the event that an item has a fault or defect during the warranty period, you must immediately inform FISH & KIDS of this by sending an e-mail to Customer Service so that we can handle the incident correctly as soon as possible.
6.- POLICY OF CANCELLATION AND RETURN OF THE PURCHASE
Right of withdrawal
If you are contracting as a consumer and user, you have the right to withdraw from this contract within 14 calendar days without justification, the said term will start from the day you or a third party indicated by you, other than the carrier , acquired material possession of the goods, in the case that the products that make up his order are delivered separately, the term will be counted from the material possession of the last of the goods delivered.
To exercise the right of withdrawal, you must notify FISH & KIDS, at Rua Piñeiro Manso 8, Oleiros, 15176, A Coruña, Spain, by writing to us at info@fishandkids.es, your decision to withdraw from the contract by means of an unequivocal statement, and may use the model of the withdrawal form, which is attached as an APPENDIX to these Conditions, without its use being obligatory for you.
In case of withdrawal, all payments received by you, including delivery expenses, will be refunded, except for the expenses caused by your choice of a delivery method different from the ordinary delivery method we offer, within a term not exceeding to 14 calendar days from the date you inform us of your unequivocal decision to waive this agreement. The refund will be made using the same payment method used by you, without the reimbursement generating any expenses. However, the reimbursement may be withheld until receipt of the goods.
The return of the products will be carried out by requesting by e-mail or through our website, the return by means of a courier, within a maximum period of 14 calendar days from the date you inform us of your decision to withdraw from this contract, The cost of any other means of delivery other than the messenger arranged by us will have to be borne by you. You must deliver the merchandise in the same package that received it.
You will be responsible for the decrease in value of the goods resulting from manipulation other than that necessary to establish the nature, characteristics and operation of the goods. Your right to withdraw from the contract shall apply only to those products which return under the same conditions as you received them.
Product Returns
If at the time of delivery you consider that the article does not conform to the stipulated in the contract, you must contact us through our email info@fishandkids.es identifying the article and pointing out the damages that it suffers.
The item can be returned by delivering it to a courier that we will send to your address.
We will proceed to examine the article carefully and we will communicate via e-mail, if applicable, the refund or replacement of the article, as the case may be, as soon as possible. The deadline for reimbursement or replacement, where applicable of the product, will be made within 14 days after the date on which we send the email confirming that the refund or replacement of the article is due.
When there is actually a defect or defect in the returned products, the amounts paid by them will be refunded in full, including delivery costs. The return will be made using the same payment method used by you, without the reimbursement generating any expenses.
No changes, returns or dismantling of swimsuits that have been unsealed, except for defective or tared products, are allowed.
In all cases, the rights recognized by the legislation in force shall be safeguarded.
7.- DELIVERY
Delivery times given by FISH & KIDS at any time will always be informative and orientative, not binding for FISH & KIDS. The delivery of your order will be made to the address indicated in the order you have made. If delivery is delayed for any reason, we will inform you as soon as possible.
FISH & KIDS shall not be liable for any breach or delay due to force majeure, by force majeur, any act, event, omission or accident that is beyond our reasonable control and, in any case, within a maximum period of 30 days counting from the date of the Order Confirmation.
FISH & KIDS will not be responsible for the acts of the courier companies that it uses to make the delivery of its products at any time. The couriers will make two delivery attempts at the indicated address and your order will be returned to FISH & KIDS after these two attempts, in case they are unsuccessful. In the latter case, FISH & KIDS reserves the right to collect or withhold any sum due for damages suffered as a result of the inability to deliver the goods.
It is in the interest of FISH & KIDS to ensure your satisfaction with the service provided, so we will do everything possible to follow up the obligations and commitments acquired with you.
8.- PRICE AND SAFETY
The prices included in the website include VAT, but exclude shipping costs, which will be added to the total amount due for the purchase of the product. Domestic and European shipping costs include VAT
However, for purchases made from the Canary Islands, Ceuta and Melilla, VAT will be deducted from the price of the products, but must be added the amount due for applicable taxes, as well as duties or customs duties, if applicable, will be for the account of the buyer.
Prices may change at any time, although changes will not affect orders already confirmed.
The customs, duties, taxes and any other sum that must be paid to make the delivery of the products in a country that is not a member of the European Union will be on your account.
Payments with credit cards will be made online. FISH & KIDS guarantees that it uses secure payment systems from leading financial institutions in e-commerce. As a complementary measure and to cooperate in the prevention of fraud by electronic channels, FISH & KIDS reserves the right to verify its data and to adopt the means it deems appropriate (including cancellation of the order) so that the product is delivered in accordance with the details you gave in your order. Credit cards will be subject to controls and authorizations by the issuing entity, but if that entity does not authorize the payment, FISH ¬ KIDS will not be able to formalize the contract with you, exempting in this case liability in delay or lack of delivery.
9.- LEGAL PRECAUTION, PRIVACY POLICY AND DATA PROTECTION
FISH & KIDS informs you that acceptance of these General Terms of Purchase implies acceptance of the conditions described in the legal notice and the privacy policy incorporated at the bottom of each page of our website.
Without prejudice to the provisions of Organic Law 15/1999 of 13 December on the Protection of Personal Data (LOPD) and Law 34/2002 of 11 July on Information Society Services E-Commerce, we inform you that when shopping through our website, you have been informed and given your consent for your personal data to be included in the file called “Customers”, previously communicated to the Spanish Data Protection Agency, Managed under the responsibility of FISH & KIDS, SL, and will be used to facilitate the processing of executed orders and to follow them, delivering products and offering services, processing payments, contacting you regarding orders, products, services, innovations and Promotional offers, updating our records, performing the maintenance of your account on the FISH & KIDS, SL online sales website, and generally for S services contracted through this website.
In any case, you can indicate your refusal to send the commercial information indicated in the previous section, sending an email to info@fishandkids.es.
FISH & KIDS files, facilities and data processing systems have the necessary technical and organizational security measures as required by Section 9 of the LOPD and Title VIII of the RLOPD to ensure the security of personal data and to prevent its alteration or unauthorized access.
We also inform you that you can exercise your rights of access, rectification, cancellation and opposition expressly recognized in the LOPD by means of a written request sent to our Customer Service by sending an email to info@fishandkids.es, or Mail sent to the address FISH & KIDS, Rua Piñeiro Manso 8, Oleiros, 15176, A Coruña, Spain, accompanying in any case a photocopy of your ID. If there is any change in your data, you must inform us in the same direction, renouncing any responsibility on the part of the company in case of not doing so.
10.- INTELLECTUAL PROPERTY
Any act of reproduction, distribution, transformation or public disclosure, as well as any type of transfer of all or part of the content of this website is expressly prohibited.
11.- APPLICABLE LAW AND JURISDICTION
The Spanish legislation will be applicable in the use of this web page as the contracts of purchase of articles through it, and therefore any controversy that may arise in relation to the use of the web page or the contracts of purchase realized through this will be submitted to the Spanish courts and tribunals. Although as a consumer, nothing in the provisions of this clause will affect the rights that the current legislation recognizes as a consumer.
12.- SUGGESTIONS, COMPLAINTS AND CLAIMS
Your comments and suggestions help us to improve so they are always welcome. These can be sent, as well as any query, complaint or claim to our email info@fish&kids.es or by postal mail to our address indicated in clause 1 and will be attended within the legally established period. We also have official complaint sheets available to consumers and users. Pulse aquí
If you, as a consumer, consider your rights violated, you can address your complaint through the email address referred to in the previous paragraph, in accordance with EU Regulation No. 524/2013, we inform you that you have the right to request an out-of-court dispute resolution In the matter of consumption accessible through the Internet address http://ec.europa.eu/consumers/odr/.