1. GENERAL INFORMATION
This website, www.portaventurastore.com (hereinafter Website) is owned by: Port Aventura Entertainment, S.A.U. (hereinafter, PAESA or PortAventura World) with taxpayer number (NIF): A-63-776306 and registered in: Tarragona Business Register, Companies volume 2504, folio 158, sheet T-40.500 and whose contact details are:
- Port Aventura Entertainment, S.A.U.
- Avda. Alcalde Pere Molas, km 2
- 43480 Vila-seca/ Tarragona
- E-mail: firstname.lastname@example.org
- Telephone: (+34) 977 779 000
- Fax: (+34) 977 779 111
This document (and all other documents mentioned herein) regulates the specific conditions governing the purchase of the PortAventura World merchandise published on this Website (hereinafter, Conditions). For the purposes of these Conditions, the activity that PAESA carries out through the Website is the sale/purchase of PortAventura World products made available on the Website, not including the booking of hotels or the sale of tickets to the various PortAventura World parks, which are carried out through www.portaventuraworld.com.
Please note that the sale/purchase of certain products may be limited to specific countries.
For all questions that the User may have in relation to the Conditions, the User may contact the Website owner using the contact information provided above or, if applicable, by using the contact form.
2. THE USER
Access, navigation and use of the Website confers the status of user (hereinafter referred to interchangeably, individually as User and together as Users), and all the Conditions set forth herein, as well as their subsequent amendments, are accepted from commencement of browsing the Website, without prejudice to applicable law which must be complied with according to the circumstances.
The User assumes responsibility for proper use of the Website. This responsibility extends to:
- Making use of this Website only for queries and purchases or legally valid acquisitions.
- Not making any false or fraudulent purchase. If it may reasonably be considered that a purchase of this nature has been made, it may be cancelled and reported to the relevant authorities.
- Providing true and lawful contact details, for example, e-mail address, postal address and/or other data.
The User declares that they are over 18 and have legal capacity to enter into contracts through this Website.
The Website is intended for Users residing in Belgium, Switzerland, Germany, France, the United Kingdom, Italy and the Netherlands.
The User may choose to enter into the contract with PAESA for sale and purchase of the desired products in any of the languages in which these Terms and Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Registered Users may make purchases on the Website using the established methods and means. They must follow the PAESA online purchase and/or acquisition procedure, during which various products may be selected and added to the cart, basket or final purchase area, and finally click on "Pay Now", to proceed to payment and final confirmation. In addition, the User must complete and/or verify the information in each step if prompted to do so, although during the buying process, before payment, you may modify the purchase details.
Subsequently, the User will receive an email confirming that PAESA has received his/her order or request for purchase and/or provision of the service, i.e. the order confirmation. If applicable, he/she will also be informed by e-mail when his/her purchase is being sent. If applicable, this information may also be made available to the User through his/her personal space on the Website.
Once the purchase procedure has been completed, the User agrees that the Website shall generate an electronic invoice which will be made available to the User via e-mail. Also, the User may, if he/she so wishes, obtain a copy of his/her invoice on paper, by request to PAESA using the contact section of the Website or through the contact details provided above.
The User acknowledges that he/she is aware, at the time of purchase, of the specific conditions of sale concerning the product in question and that are displayed next to the description or, if applicable, image of this on its page of the Website, indicating details including but not limited to, and on a case by case basis: name, price, components, quantity, colour, details of the products, or characteristics, method by which it will be carried out and/or cost of features; and recognises that requesting the order or purchase implies full and complete acceptance of the specific conditions of sale that are applicable in each case.
All purchase orders received by PAESA through the Website are subject to the availability of products and/or there being no circumstance or event of force majeure (clause 9 of these Conditions) which affects the supply of the same and/or the provision of services. If there are difficulties regarding supply or the products are not in stock, PAESA undertakes to contact the User and refund any amount of the price that may have been paid. This shall also apply in cases where a service cannot be provided.
5. PRICES AND PAYMENT
The prices displayed on the Website are the final prices, in euros (€) and include taxes, unless due to a legal requirement, especially regarding VAT, this is specified and applied separately.
Shipping costs are included in the final prices of the products as displayed on the Website. PAESA performs the delivery and/or postal services using Sociedad Estatal de Correos y Telégrafos, S.A.
In no event will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but potential changes will not affect orders or purchases with respect to which the User has already received an order confirmation.
The accepted means of payment are: Credit or debit card.
PAESA uses all means to ensure the confidentiality and security of payment details transmitted by the User during transactions via the Website. As such, the Website uses a secure payment system SSL (Secure Socket Layer).
Credit cards are subject to checks and approvals by the issuing bank, and if such entity does not authorise the payment, PAESA shall not be liable for any delay or non-delivery and shall not enter into any contract with the User.
Once PAESA receives a purchase order from the User through the Website, there will be a pre-authorisation on the relevant card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time that confirmation of dispatch and/or confirmation of the service is sent to the User, in the established form and, where appropriate, place.
In any case, by clicking on "Pay Now" the User confirms that the payment method used is his/hers, or if applicable, that he/she is the legitimate owner of the card.
Except in unforeseen or extraordinary circumstances, the purchase order consisting of the products related to each purchase confirmation will be delivered within the timescale noted on the Website and, in any event, within 30 calendar days from the date of the order confirmation.
If, for any reason attributable to it, PAESA cannot comply with the delivery date, it will contact the User to inform him/her of this circumstance, and the User may choose to go ahead with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid.
If it is impossible to carry out the delivery of the order in the absence of the User, the order may be returned to the warehouse. However, the carrier shall leave a notice explaining where the order is, and how to rearrange delivery.
If, within 30 days from when your order is available for delivery, it has not been delivered for reasons not attributable to PAESA, PAESA shall assume that the User wishes to withdraw from the contract, which shall be considered terminated. As a result of contract termination, all payments received from the User will be returned, without undue delay and, in any event, within 14 days from the date of termination of the contract.
For the purposes of these Conditions, it is understood that the delivery has occurred, or that the order has been delivered, when the User, or a third party nominated by the User, acquires physical possession of the products, which will be evidenced by signing the receipt at the agreed delivery address.
The User will acquire the risk in the product from the time of delivery. The User acquires ownership of the product when PAESA receives full payment for all amounts due in relation to the purchase or acquisition, including shipping, or at the time of delivery, if this takes place after full payment.
In accordance with the provisions of Law 37/1992, of 28 December, on Value Added Tax (VAT), purchase orders for delivery and/or provision shall be construed as being located in Spanish VAT territory if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla, or in another country of the European Union. The rate of VAT applicable will be that legally in force from time to time, depending on the particular item.
For orders to the Canary Islands, Ceuta and Melilla, countries outside the European Union and Switzerland, deliveries will be exempt from VAT by application of the provisions of Law 37/1992, and Directive 2006/112, without prejudice to the application of taxes and tariffs in accordance with the regulations in force in each of these territories. The User must take into account that in these territories there may be situations in which taxes and customs duties are applied and accrue at the destination, in accordance with applicable regulations, and that these shall be borne by the User.
For purchase orders located in territories other than those above, delivery and/or payment are governed by the rules in force from time to time; the User must take into account that this could cause the application and payment of taxes and customs duties at destination, in accordance with the applicable laws of the destination, and that these shall be borne by the User. For more information, the User must go to the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is notified that if he/she detects that an error has occurred when entering the data necessary to process the purchase request on the Website, he/she may modify these by contacting PAESA through the contact section of the Website, and, where appropriate, the customer service contact section, and/or using the contact information provided in clause one (General Information).
When the User acquires products on or through the Website, a number of rights will apply, 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 such a purchase within a period of 14 calendar days without justification.
This withdrawal period shall expire 14 calendar days from the date that the User, or a third party nominated by the User, other than the carrier, acquires physical possession of the goods purchased on the PAESA Website, or if the goods which form part of the order are delivered separately, 14 calendar days from the date that the User, or a third party nominated by the User, other than the carrier, acquires physical possession of the last of those goods that made up the same purchase order.
To exercise this right of withdrawal, the User must notify its decision to PAESA. He/she may do so, where appropriate, through the contact section of the Website or via the contact details provided at the beginning of these Conditions.
The User, regardless of the method chosen to communicate his/her decision, should express clearly and unequivocally that it is his/her intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form provided by PAESA as an annex to these conditions and which he/she will receive with his/her purchase, however, its use is not compulsory. Link to withdrawal form.
In order to meet the deadline for withdrawal, it is sufficient that the communication which expresses unequivocally the decision to withdraw is sent before the deadline.
In the event of withdrawal, PAESA will refund to the User all payments received, including delivery costs, without any undue delay and no later than 14 calendar days from the date on which PAESA is informed of the decision to withdraw by the User.
PAESA will refund the User using the same method of payment that was used to perform the initial purchase. This refund will not generate any additional cost to the User. However, PAESA may retain such reimbursement until it has received the goods or articles purchased, or until the User presents proof of return of the same, depending which condition is met first.
The User may return or send the products to PAESA by filling out the withdrawal form that must be submitted to the following e-mail: email@example.com from where further instructions will be sent by return mail.
He/she must do so without undue delay and, in any event, at the latest within 14 calendar days from the date on which PAESA was informed of the decision of withdraw. In addition, the User acknowledges that he/she will be liable for any decline in value of the products resulting from use other than that needed to establish the nature, characteristics, and operation of the property.
The User acknowledges that there are exceptions to the right of withdrawal, as laid down in article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. This includes, but is not limited to: Customised products; products which are likely to deteriorate or expire quickly; music or video CDs/DVDs without its packaging, as sealed at the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery.
In any case, no refund will be made if the product has been used beyond the mere opening thereof, for products which are not in the same condition as when delivered, or which have suffered damage after delivery.
Furthermore, products must be returned using or including all original packaging, instructions and other documents accompanying them, if applicable, plus a copy of the purchase invoice.
The model withdrawal form may be downloaded from these conditions:
Return of defective products or those sent in error
If the User considers, at the time of delivery, that the product does not conform to the provisions of the contract or purchase order, he/she must contact PAESA immediately and inform it of the non-conformity (defect/error) by the same method or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about how to return the products, and these, once returned, will be examined and the User will be informed, within a reasonable period of time, if there will be a refund or, if applicable, the products will be replaced.
The refund or replacement of the product shall be made as soon as possible and in any event within 14 days of the date on which an email is sent confirming that there will be a refund or replacement of the non-conforming item.
The amount paid for those products that are returned due to a defect, when there is one, will be refunded in full, including the cost of delivery and costs incurred by the User to make the return. The refund will be carried out using the same payment method which the User used to pay for the purchase.
In any case, the User will always have the rights recognised in applicable law, as a consumer and user.
The User, as a consumer and user, enjoys warranties over the products that he/she purchases through this Website, in the terms legally established for each type of product, and PAESA shall therefore be liable for any non-conformity which becomes apparent within a period of two years from delivery of the product.
In this context, it is understood that the products are in conformity with the contract, provided that: they conform to the description given by PAESA and possess the qualities presented in that description; they are fit for the purposes for which products of the same type are ordinarily used; and they have the usual quality and features of a product of the same type and which are to be fundamentally expected from such product. When this is not the case in respect of the products delivered to the User, the User must proceed as indicated in the paragraph Return of defective products or those sent in error. However, some of the products sold on the Website may have characteristics which are not always homogeneous, which are derived from the type of material used for manufacture, and form part of the individual appearance of the product, which will not be a defect.
9. EXCLUSION OF LIABILITY
Unless otherwise provided by the law to the contrary, PAESA does not accept any liability for the following losses, irrespective of their origin:
- Any losses that were not attributable to any failure on its part,
- Business loss (including loss of profit, revenue, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred), or
- All other indirect or consequential loss that is not reasonably foreseeable by both parties at the time of entering into the contract of sale of products between the two parties.
Similarly, PAESA also limits its liability with regard to the following cases:
- PAESA takes all measures to provide a true description of the product on the Website, but is not responsible for small differences or inaccuracies that may exist due to lack of screen resolution, or problems with the browser used, or other issues of this type.
- PAESA shall act with the utmost diligence in relation to the company responsible for transporting the product which is the subject of the purchase order. However, it is not responsible for damage caused by a transport malfunction, especially due to causes such as strikes, traffic, and in general any other issues relevant to the sector, resulting in delays, loss or theft of the product.
- Technical failures which, due to unforeseen events or otherwise, impede the normal functioning of the internet service. Lack of availability of the Website for maintenance or other reasons, which prevent the service. PAESA provides all means to carry out the process of purchase, payment and shipping/delivery of the products, however it shall be exempt from liability for causes not attributable to it, or force majeure.
- PAESA shall not be liable for any misuse and/or wear of the products which have been used by the User. Nor shall PAESA be liable for any erroneous return made by the User. It is the User's responsibility to return the correct product.
- In general, PAESA shall not be liable for any failure or delay in the fulfillment of any of the obligations assumed, when this is due to events that are beyond its reasonable control, i.e. due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, threat or terrorist attack, war (declared or not) or threat of war or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Inability to use trains, ships, aircraft, motor transport or other means of transportation, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
The obligations shall be suspended during the period for which the force majeure continues, and PAESA shall have an extended period of time to comply with them, equal to the duration of the force majeure. PAESA shall use all reasonable means to find a solution that enables compliance with its obligations in spite of the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTICES
By using this Website, the User agrees that most communications with PAESA shall be electronic (e-mail or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information and other communications that PAESA sends electronically comply with the legal requirement to be in writing. This condition does not affect the legal rights of the User.
The User may send notices and/or communicate with PAESA via the contact details provided in these Conditions and, where appropriate, through the contact section of the Website.
Also, unless otherwise stated, PAESA may contact and/or notify the user by e-mail or at the postal address provided.
Any waiver by PAESA of a right or specific legal action, or failure by PAESA to require strict compliance by the User with any of its obligations, will neither imply a waiver of other rights or actions arising under a contract or the Conditions, nor exempt the User from fulfilment of their obligations.
No waiver by PAESA of any of these Conditions or the rights or actions arising from a contract shall take effect, unless expressly stated to be a waiver, and formalised and communicated to the User in writing.
If any of these Conditions is declared null and void by a final decision of a competent authority, the remaining provisions shall remain in full force and effect, and unaffected by such a declaration of nullity.
13. ENTIRE AGREEMENT
These Terms and Conditions and any document to which reference is made herein constitute the entire agreement between the User and PAESA in relation to the subject of the purchase and supersede any other covenant, agreement or promise agreed earlier verbally or in writing by the same parties.
The User and PAESA acknowledge that they have consented to enter into a contract without having relied on any statement or promise made by the other party, except any expressly mentioned in these Conditions.
14. APPLICABLE LAW AND JURISDICTION
Access, browsing and/or use of this Website, and the contracts for the purchase of products through the Website shall be governed by the Spanish law.
Any dispute, problem or disagreement arising out of or related to the access, browsing and/or use of this Website, or the interpretation and implementation of these Conditions, or the sales contracts between PAESA and the User, shall be referred to the non-exclusive jurisdiction of the courts and tribunals that correspond by virtue of the rules of procedural law.
15. COMPLAINTS AND CLAIMS
The User may communicate any complaints, claims or other comments to PAESA using the contact information provided at the beginning of these Conditions (General Information), as well as through the contact form.
In addition, PAESA has official claim forms available to consumers and users, which may be requested from PAESA at any time using the contact information provided at the beginning of these Conditions (General Information).
Furthermore, if a dispute arises from this purchase contract between PAESA and the User, the User as a consumer may request out-of-court dispute resolution, in accordance with EU Regulation 524/2013 of the European Parliament and Council of 21 May 2013, on online dispute resolution in consumer matters and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. You may access this method through the following website: http://ec.europa.eu/consumers/odr/.
Last updated: 01/06/2018