General Terms and Conditions of SkirmShop Spain SL. (ESB02642775) 

1. General

1.1     These general terms and conditions apply to every offer of Skirmshop Spain SL. and to every agreement concluded between Skirmshop.es and the consumer.

The conditions are accessible to everyone and included on the internet site of Skirmshop Spain SL..

Upon request, we will send you a written copy.

1.2     By placing an order you indicate that you agree to the delivery and payment terms.

Skirmshop.es reserves the right to change its delivery and/or payment terms after the expiry of the term.

1.3     Unless otherwise agreed in writing, the general or specific terms and conditions of third parties are not recognized by Skirmshop Spain SL..

1.4     Skirmshop Spain SL. guarantees that the delivered product meets the agreement and meets the specifications stated in the offer.

1.5. All the rights of the webs are protected by their copyright ©. All rights reserved, and therefore, its content belongs solely and exclusively to its author. Access to this material does not imply any license for its reproduction and / or distribution, which, in any case, will be prohibited except with the prior and express consent of SkirmShop Spain SL. Access to the websites implies acceptance of these conditions of use.

1.6. the applicable legislation is the Spanish one. The use of the services or contents is prohibited in all those jurisdictions that do not recognize the effectiveness of these conditions of use. Access to the contents of the SkirmShop Spain SL web pages does not create between the users and SkirmShop Spain SL an association, society, employment relationship or agency of any kind.

NOTICE TO MINORS.

If you are a minor, you will be interested to know that:

SkirmShop.es recommends that you notify your parents or representatives before starting your Internet browsing.

Although it will not be verified if your data is true, before making use of any service or content of SkirmShop Spain SL, we recommend that you discuss it with your parents or representatives, as they can explain the privacy policy and you can participate with them in all the possibilities of the SkirmShop Spain SL websites.

In particular, if you are going to register, check with your parents or guardians so that if they wish they can contact us.

NOTICE TO SENIOR.

Without prejudice to everything provided as Legal Notice; In their capacity as parents, representatives or legal guardians, they will be responsible for their minor or protected children accessing the services or contents of SkirmShop Spain SL, so we recommend that they accompany, supervise or take the appropriate precautions (rules of time of use computer, location of the computer in the common area of ​​the house, etc.) while browsing the web pages.

Although no verifications will be carried out on the veracity of the data, it recommends for the cases of such actions that they supervise the registration process of their children or ward. Where appropriate, SkirmShop Spain SL will manage requests derived from the exercise, by parents or guardians, of the rights of access, cancellation, rectification and opposition of the data of minors or incapacitated persons, without prejudice to the fact that you can contact us to carry out the warnings it deems appropriate.

Along with the above, we remind you that some browsers allow you to modify their settings so that children or other people cannot access certain pages. Even so, we recommend that you attend the navigation as certain websites may not have been classified.

1.7. Disputes arising from an agreement between Skirmshop Spain SL and the buyer, which cannot be resolved by mutual agreement, the competent court of Barcelona will take note, unless Skirmshop Spain SL prefers to submit the case to the competent court of the buyer's place of residence. , and with the exception of those disputes that belong to the jurisdiction of another court.

2. Delivery

2.1     Delivery takes place as long as the stock lasts.

2.2     Within the framework of the rules of distance-purchasing, Skirmshop Spain SL orders will be executed within at least 30 days, unless another delivery period has been agreed. If delivery within 30 days, or otherwise agreed delivery time, is possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, then the consumer receives within 1 month after placing the order a message and in that case he has the right to cancel the order without charge and notice of default.

2.3     The delivery obligation of Skirmshop Spain SL will, subject to proof to the contrary, be fulfilled once the goods delivered by Skirmshop Spain SL have been offered to the customer once. In the case of home delivery, the report of the carrier, including the refusal of acceptance, extends to full proof of the offer for delivery.

2.4     All deadlines mentioned on the website are indicative. No rights can therefore be derived from the aforementioned deadlines.

3. Prices
   
   

3.1     Prices will not be increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer makes interim price increases.

3.2     All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.

3.3     All prices on the site are in Euros and include 21% VAT.

4. Period of trial / right of withdrawal

4.1     If there is a consumer purchase, in accordance with the Distance Selling Act, the customer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins at the moment when the ordered goods are delivered. The customer is obliged, before proceeding to return within the period of 14 working days after receipt, to send a written notification to Skirmshop Spain SL. If the customer has not reported to use the legal return right within the trial period of 14 days after receipt, then the purchase is a fact.

During the trial period, the consumer will handle the product and the packaging carefully. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and functioning of the product. If he exercises his right of withdrawal, he will return the product to the entrepreneur within 14 days after receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur.

Commercial returns will be accepted for a period of 14 days from the date of receipt of the merchandise. For this, the product must be sealed in its original packaging, with all its accessories and the attached documentation, accessories and in perfect condition for sale. Likewise, the client will assume the transport costs for their return to our facilities. The processing will be carried out by contacting the email address [email protected] and following the instructions provided. Once the status of the product has been verified, the return of the product will be authorized or not. If the goods have been used by the customer, encumbered or damaged in any way, Skirmshop Spain SL reserves the right to cancel refund. If so, a coupon will be issued in favor of the client that will be available for future purchases for the total invoice value of the product. Transportation, customs or other exceptional circumstances that will be detailed to the client will not be paid. If not, the customer will be informed by email of the reason for the denial and will be obliged to bear the transportation cost to recover the product within a maximum period of 30 days from the notification of the incident.

If you exercise your right of withdrawal, you will return the product to the entrepreneur within 14 days of receipt, in accordance with the reasonable and clear instructions provided by the entrepreneur. The customer must prove that the delivered goods have been returned on time, for example by means of a postal delivery receipt.

Skirmshop Spain SL must assume within 14 days after proper receipt of the return shipment or 14 days after the return receipt (here the shipment receipt must explicitly indicate the content of the return shipment), guarantee a refund. Upon returning the complete purchase, the customer will be receive a cupon with the full amount of the purchase, including the shipping and / or payment costs calculated. If only a portion of the purchased purchases is returned, only the purchase value of the returned products will be on the cupon. Additional costs resulting from a more expensive shipping method than cheaper standard shipping will never be refunded. The return of the delivered merchandise is at the customer's risk and expense.

4.2     The right of withdrawal does not apply to:

Service agreements, after full performance of the service, and only when the performance has begun with the express prior consent of the consumer and the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully completed the contract goods or services whose price is subject to fluctuations in the financial market, over which the supplier has no influence and which may occur within the withdrawal period, goods manufactured according to the consumer's specifications, for example customized work; or which have a clear personal character, products whose shelf life has expired within the 14 day cooling-off period (spoilage). Sealed products which, for health or hygienic reasons, are not suitable to be returned and whose seal has been broken after delivery, sealed audio/video or software carriers whose seal has been broken,
for goods or services which by their nature cannot be be returned, for example because of hygiene or that can quickly spoil or age, the delivery of loose newspapers and magazines.

5. Data Management

5.1     If you place an order at SkirmShop Spain SL, your data will be included in the customer base of SkirmShop Spain SL.

Skirmshop Spain SL adheres to the Personal Registrations Act and will not provide your data to third parties. See our Privacy Policy.

5.2     Skirmshop Spain SL respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.

5.3     Skirmshop Spain SLmakes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.

6. Warranty and Conformity

6.1     The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations.

6.2     An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can assert in respect of a failure in the fulfillment of the obligations of the entrepreneur against the entrepreneur under the law and/or the distance agreement.

6.3     If it appears that the delivered goods is wrong, defective or incomplete, then the customer must (before proceeding to return to Skirmshop Spain SL) report these defects within 2 months after discovery of the defect in writing to Skirmshop.nl. Return of the goods must be in the original packaging (including accessories and accompanying documentation). Commissioning after detection of default, damage arising after detection of default, encumbrance and/or resale after detection of default, lapses the right to claim and return.

6.4     If complaints of the customer by Skirmshop Spain SL are found to be well-founded, Skirmshop.nl will repair or replace the delivered goods at the consumer's discretion. Any liability of Skirmshop Spain SL for damage is limited to a maximum of the invoice amount of the goods concerned, or (at the choice of Skirmshop Spain SL) to the maximum amount covered in the relevant case by the liability insurance of Skirmshop Spain SL. Any liability of Skirmshop.nl for any other form of damage is excluded, including additional damages in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits.

6.5     Skirmshop Spain SL is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.

6.6     This guarantee does not apply if:

A) and as long as the customer towards Skirmshop Spain SL is in default.

B) the customer has repaired and/or edited the delivered goods himself or has had it repaired and/or edited by third parties.

C) the delivered goods are exposed to abnormal conditions or otherwise carelessly treated or in violation of the instructions of Skirmshop Spain SL and/or instructions on the packaging.

D) Products that may be subjected to wear, intensive use or manipulation from the outset must be excluded from the warranty policy. In this group of products we can find used, open or manipulated replicas, batteries, consumables such as ammunition already used or items of clothing or equipment, etc. In these cases, Skirmshop.es reserves the right to observe and argue defects that are not attributable to a fault in the manufacture of the product.

7. Offers

7.1     Offers are without obligation, unless otherwise stated in the offer.

7.2     Upon acceptance of a non-binding offer by the buyer, Skirmshop Spain SL reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.

7.3     Oral commitments bind Skirmshop Spain SL only after they have been confirmed explicitly and in writing.

7.4     Offers from Skirmshop Spain SL do not automatically apply for reorders.

7.5     Skirmshop Spain SL can not be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

7.6     Additions, changes and/or further agreements are only effective if agreed in writing.

8. Agreement

8.1     An agreement between SkirmShop Spain SL and a customer is concluded after an order has been assessed by SkirmShop Spain SL on feasibility.

8.2     Skirmshop Spain SL reserves the right to not accept orders or orders without giving reasons or to accept only on the condition that the shipment is made by cash on delivery or after advance payment.

9. Images and Specifications

9.1     All images; photos, drawings etc.; e.g. data concerning weights, dimensions, colors, images of labels, etc. on the internet site of Skirmshop Spain SL apply only approximately, are indicative and can not give rise to compensation or dissolution of the agreement.

10. Force majeure
    

10.1   Skirmshop Spain SL is not liable, if and insofar as its obligations can not be fulfilled as a result of force majeure.

10.2   Force majeure means any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay or default by our suppliers, malfunctions in the Internet, malfunctions in the electricity, malfunctions in e-mail traffic and malfunctions or changes in third party technology, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of Skirmshop Spain SL as well as of auxiliary persons, illness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure.

10.3   In case of force majeure, Skirmshop Spain SL reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement is changed in such a way that execution remains possible. In no case is Skirmshop Spain SL obliged to pay any penalty or compensation.

10.4   If Skirmshop Spain SL at the onset of the force majeure has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to fulfill his part as it concerns a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. Liability

Skirmshop Spain SL is not liable for damage caused caused to third parties, vehicles or other objects caused by improper use of the products. Before use, read the instructions on the packaging and/or consult our website.

12. Modifications to the Conditions of Use

Skirmshop Spain SL reserves the right to modify these conditions of use at any time.

13. Replicas of 4th category, Real Decreto 137/1993, Weapons Regulations

(Spanish regulation)

In SkirmShop Spain SL 4th Category Weapons are sold for their recreational sports use, better known as ALD, Markers or airsoft replicas. The sale is regulated by Real Decreto 137/1993, of January 29, which approves the Weapons Regulations.

According to article 54.3 of Real Decreto 137/1993. "Category 4 weapons may be acquired and kept at one's home, without any other procedure than the declaration of the sale, the class of weapons and the identity data of the acquirer to the Mayor of the municipality of residence of the latter and to the Intervention of Arms of the Civil Guard ”.

According to article 56, a book of entries and exits of 4th category weapons will be made with the data corresponding to the serial number, type of weapon and identification of the user who purchases.

To carry out and use category 4 weapons, you need to obtain a weapon card.

Article 105.

1. In order to carry and use category 4 weapons outside the home, they must be individually documented, by means of weapons cards, which will accompany them in any case. The weapons cards will be granted and withdrawn, where appropriate, by the Mayors of the municipalities in which the applicants reside or reside, after considering their conduct and background. Its validity will be limited to the municipal terms.
2. The weapons included in category 4, 2, can be documented in an unlimited number with a B card, whose validity will be permanent. Of those included in category 4, 1, only six weapons may be documented with A cards, which will be valid for five years.
3. However, the municipal authority may limit or reduce both the number of weapons that each interested party may possess and the validity time of the cards, taking into account the local and personal circumstances that concur.
4. Applicants for card A must prove that they have reached fourteen years of age, for which purpose they must present a valid national identity document or equivalent documents.
5. The weapons card will be issued in printed form, which will be drawn up by the General Directorate of the Civil Guard. Up to six weapons may be listed in each form. In the case of B cards and the number of weapons exceeds six, the interested party may be the holder of more than one card.
6. One copy of the form will be sent to the interested party; the second will be sent by the Mayor's Office to the Weapons Intervention

14. Retention of title

14.1   Ownership of all Skirmshop Spain SL sold and delivered goods to the customer remains with Skirmshop Spain SL as long as the customer has not fulfilled the claims of Skirmshop Spain SL under the agreement or previous or subsequent similar agreements, as long as the customer has done or still has to perform work under these, or similar agreements has not yet been fulfilled and as long as the customer has not satisfied the claims of Skirmshop Spain SL due to failure in the fulfilment of such obligations, including claims relating to fines, interest and costs.

14.2   The goods delivered by Skirmshop Spain SL which fall under the retention of title may only be resold in the context of a normal business exercise and never be used as a means of payment.

14.3   The customer is not entitled to pledge the goods covered by the retention of title or to object in any other way.

14.4   The customer already gives unconditional and irrevocable permission to Skirmshop Spain SL or a third party appointed by Skirmshop Spain SL to, in all cases where Skirmshop Spain SL wishes to exercise its property rights, to enter all those places where its property will be located and to take the property with them.

14.5   If third-party seizure of the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform Skirmshop Spain SL as soon as can reasonably be expected.

14.6   The customer undertakes the necessary steps to insure the goods delivered under retention of title and keep insured against fire, explosion and water damage as well as against theft and to give the policy of this insurance on first request for inspection to Skirmshop Spain SL.

13. Applicable law/competent court

13.1   Dutch law applies to all agreements.

13.2   Disputes arising from an agreement between Skirmshop.nl and the buyer, which can not be resolved by mutual agreement, the competent court within the district Wieringerwerf takes notice, unless Skirmshop.nl prefers to subject the case to the competent court of the place of residence of the buyer, and with the exception of those disputes that belong to the competence of the subdistrict court.