1.- Identification of the owner, acceptance of the Terms and Conditions of Use and access to the Website
These Terms and Conditions of Use regulate the access and use of the website owned by KAME RETAIL, S.L. (hereinafter "GLOBAL FREAKS").
In compliance with article 10 of Law 34/2002, of July 11, on Information Society Services, the information of the owner of the website is indicated below:
Owner: Kame Retail S.L.
C.I.F.: B67044768
Registered office: C/ Gran Bretanya, 35A - 08700 Igualada, Barcelona
Registry Data: Company registered in the Mercantile Registry of Barcelona in Volume 46012, Folio 148, Section 8, Page B-506714, Inscription 1,
Telephone: +34 657 46 25 91
E-Mail: [email protected]
Users can submit any complaint or claim addressed to the email and / or postal address indicated above.
Through the website, you will have the possibility to purchase collectibles related to the Manga sector, which are not offered as toys or other items of a durable nature.
Please read these Terms and Conditions of Use carefully before using and accessing this virtual store. Access and / or use of the Web Site owned by GLOBAL FREAKS implies acceptance of these Terms and Conditions of Use, as well as the different modifications that GLOBAL FREAKS may include in the future in this legal text.
Access to and browsing through the Website will not require User registration and will be completely free. However, the foregoing, in order to place orders through the Website, it will be necessary to create a user account, as well as the express acceptance of the Terms and Conditions of Use.
2.- Object
This Website has been developed by GLOBAL FREAKS in order to offer Users the possibility of buying figures of manga characters such as Dragon Ball, Naruto, One Piece and Street Fighter, among others.
In addition, merchandising products of manga characters are also offered through the website (all hereinafter referred to as “the Products”).
3.- Operation of the Website and methods of sale of products
The Website makes the following options available to Users for the acquisition of the Products offered on it:
Purchase of Products in Stock: GLOBAL FREAKS will indicate on the Website those Products that are available in Stock, and that therefore users can purchase when they wish to buy them. Products in Stock are listed on the website. When a product is 0, it automatically disappears from the list of products, so that only products with Stock are enabled.
Pre-sale of Products: The Website offers Users the possibility of reserving Products before they go on the market. When the User acquires a figure in the pre-sale mode, she is reserving a unit of that item at the price marked at the time of purchase.
As a general rule, products tend to rise in price as the launch date approaches. With the pre-sale model you are reserving that figure at the price that you mark at that specific moment, since it may later increase the price of that item.
Shipments are made based on the date of purchase, so the sooner the User makes her reservation, the more likely she will be one of the first customers to receive it.
When the pre-sale of the Products is made available to the User, it is indicated together with the Product title, that is, accompanying the title of the article with PRE-SALE or PRE-ORDER, and also in the description an estimated date is offered in which will be launched the Product to the market.
In accordance with the foregoing, if the Product is not available once the order is placed, the User will be informed, offering the possibility of delaying the delivery or replacing the Product with a similar one, or failing that, return the amount paid.
4.- User Account.
The Website offers Users the possibility of creating an account through an online form that must be completed with the data required in it.
Users will have full responsibility for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the User name and / or passwords that allow access to their account, and undertake not to assign their use to third parties, whether temporary or permanent, or to allow your access to third parties.
By virtue of the foregoing, Users must immediately notify GLOBAL FREAKS via email [email protected] of any improper use of their Username and / or password, due to circumstances such as theft , loss or unauthorized access to them, so that GLOBAL FREAKS can proceed to cancel or block them and / or disable them as soon as the improper use of your User Account is proven. As long as such events are not communicated, GLOBAL FREAKS will be exempt from any liability that may arise from the improper use of User names or passwords by unauthorized third parties.
5.- User conduct on the Website
Users undertake to make a lawful, diligent, honest and correct use of whatever information or content they have access through the Website, and all this under the principles of good faith and respecting at all times the current legislation and these Terms. and Conditions of Use.
Users must not register or communicate data that is not true, exact, complete and / or updated, or access the Website using the name, identification data or password of another User or impersonate any person or identity.
Likewise, GLOBAL FREAS can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions, information, etc. (hereinafter, the "Contents") belonging to GLOBAL FREAKS or third parties.
The User assumes responsibility for the use of the Website. Said responsibility extends to the registry that, where appropriate, is necessary to access Content or services provided by GLOBAL FREAKS.
In accordance with the foregoing, by accessing the Website you agree to make appropriate use of the Contents and services offered by GLOBAL FREAKS. The user will not use the Contents and services with the aim of (i) engaging in illicit, illegal activities or contrary to good faith and public order; (ii) cause damage to the physical and logical systems of GLOBAL FREAKS, its suppliers or third parties, (iii) introduce or spread computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage. Please note that this list is not exhaustive.
In any case, GLOBAL FREAKS reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of Services in cases where there is an incorrect use of the Website.
6. Shipping, stock and return of the amounts paid
GLOBAL FREAKS sends orders to Spain (peninsula), the Canary Islands, the Balearic Islands, Ceuta, Melilla, Andorra and other third countries, in accordance with what is indicated on the Website in the section for calculating shipping rates, which is accessed with character prior to the formalization of orders.
In no event will GLOBAL FREAKS intentionally put more units up for sale than it has available.
In the event that the Product is not available after the order has been placed, the User will be informed of said circumstance, offering the possibility of delaying the delivery or replacing the Product with one of similar characteristics, or failing that, refund the amount paid, without undue delay.
Likewise, GLOBAL FREAKS informs that in the event that the user opts for the refund of the amount paid, and there is an unjustified delay in relation to said refund, the user may claim a refund of double the amounts paid.
7. Prices and means of payment
The User may know the shipping costs prior to making the purchase, through the shipping rate calculation tool enabled for this purpose on the Website.
Once the Product has been chosen, two options will appear next to its price:
Full payment: the figure is paid in full at the time the purchase is made.
Payment in installments: at the time of purchase, the User would only have to pay a part of the total price of the product, as specified on the Website, as a reservation so that the figure can be withdrawn from stock.
In this case, after making the aforementioned payment for the reservation, we will contact you to agree on the conditions of the following payments, taking into account the needs of each client.
We offer a 0% interest on the purchase in installments, always managing monthly payments of 50€ minimum (the number of installments will therefore depend on the total amount). The figure is sent once the payment of the last installment is received, or in the case of an order related to a figure in pre-sale mode, when GLOBAL FREAKS receives the figure in its warehouse.
The amount paid for the reservation cannot be returned after 15 days after payment has been made. Once this time has elapsed, we reserve the right not to accept the cancellation.
The User may pay the amount corresponding to her order by means of payment accepted on the Website:
• Payment by credit and debit card through our POS.
• Bank transfer to Bankia bank account owned by KAME RETAIL: Once the deposit appears in our account, we will begin the order processing.
• PayPal: PayPal enables consumers with email to send payments over the Internet safely, conveniently and profitably. Our PayPal account is [email protected]
In any of the options chosen by the User, GLOBAL FREAKS will always send an email to the User confirming the details of the purchase made and the corresponding invoice or proof once the order has been formalized, that is, after the acceptance of these Terms and Conditions and the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the protocols and security services required.
The User must notify GLOBAL FREAKS of any undue or fraudulent charge on the card used for purchases, by sending an email to [email protected], in the shortest time possible so that GLOBAL FREAKS can carry out the timely arrangements.
8. Information on the Products offered through the Website.
The data included on the Website in the descriptions of the Products have a merely informative function.
Therefore, GLOBAL FREAKS will not be responsible for the appearance of errors in said information, although we promise to take all the measures in its power to correct the aforementioned errors or omissions as soon as possible after receiving a notification about the existence of the same.
9. Deadlines, place of delivery and loss
9.1. Product delivery
GLOBAL FREAKS undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimize delivery, we thank Users who can indicate an address where the order can be delivered within normal business hours.
GLOBAL FREAKS will not be responsible for errors caused in delivery when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, GLOBAL FREAKS undertakes to adopt those measures that are within its reach, so that the delivery of the orders can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
9.2. Delivery and notification period
As a general rule, the articles are sent within 48 hours after receipt of payment by GLOBAL FREAKS, through the services of transport companies available through our e-commerce.
The shipment will always be made through a company that works with a tracking number so that the User can always follow where their order is going at all times.
However, the foregoing, Users are informed that the stipulated delivery dates will be estimates.
The User must take into account that on certain dates and periods of the year, the delivery time of the shipment could be affected, due to the saturation of the transport services. Therefore, it is recommended to reserve and / or acquire the articles of interest, well in advance so that they arrive at their destination on the dates desired by the User.
In the event that the User cannot be located at their home address, the courier company will leave a notice indicating where the order is located and how to proceed with its collection.
Shipping charges include handling and packaging charges, as well as postage. These expenses depend on the weight of the package and the destination.
9.3. Diligence in delivery
The User must check the good condition of the package before the carrier that delivers the requested Product.
10. Return Policy and right of withdrawal.
In the event that the User is not satisfied with the Product received in her order, in accordance with the General Law for the defense of Consumers and Users, she will have a period of fourteen (14) calendar days to return it, without penalty,. from the receipt of each Product.
The User may exercise their right of withdrawal by taking charge of the expenses arising from said procedure.
To formalize the return, the User must complete and send the withdrawal form that accompanies these Terms and Conditions as ANNEX 1. in the following link or at the end of the Terms and Conditions of Use.
Upon receipt of this communication, the GLOBAL FREAKS Customer Service team will contact the User to indicate their incident number and the way to proceed to make the return.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and, where appropriate, documentation and original accessory elements that came with it. If the Product is not returned in its original packaging, the Product may suffer a depreciation.
Once the Product has been received, GLOBAL FREAKS will proceed to return the amounts paid as soon as possible and, in any case, within fourteen (14) calendar days following receipt of the Product in the GLOBAL FREAKS warehouses.
11.- Guarantee, claims and customer service
In the case of receipt by the User of defective products, GLOBAL FREAKS undertakes to respond to the lack of conformity expressed by the User regarding the product for a period of two (2) years from receipt of the same, carrying out its repair, replacement, or the realization of a reduction on the price or the return of the amounts paid by the User, as appropriate in each case. These procedures will be free for the User.
The User must inform GLOBAL FREAKS of the disagreement in relation to the product through the e-mail [email protected]. GLOBAL FREAKS will study the case and will contact the User to indicate the procedure for returning the product.
This guarantee will be applied taking into account in any case the nature of the products purchased and their perishable or semi-perishable nature.
Likewise, Users may manage any claim through the "Customer Service" which can be accessed through the telephone and / or contact email indicated on the Platform:
Telephone: 657 46 25 91
Email: [email protected]
Users' comments and suggestions will be well received. We kindly ask you to send us such comments and suggestions, as well as any questions, complaints or claims, through our contact channels: email [email protected] or from the postal address C / Gran Bretaña 35-37, Nave 1-A ,, 08700, Igualada (Barcelona). Complaints and claims will be dealt with in the shortest possible time and, in any case, within the legally established period.
The User is offered guarantees on the products that have been marketed through https://www.global-freaks.com/es, in the legally established terms for each type of Product, responding, therefore, for the lack of conformity of the same that is manifested within a period of two years from the delivery of the product. The Products must conform to the description made on the Website and possess the qualities described on the website, in addition to presenting the usual quality and benefits of a Product of the same type that are reasonably expected.
12.- Intellectual and Industrial Property related to the Website.
All rights to the content, design and source code of this Website and, especially, but not limited to, all rights to photographs, images, texts, logos, designs, brands, trade names, data that are included on the Website and any other intellectual and industrial property rights are owned by GLOBAL FREAKS, or by third parties who have expressly authorized GLOBAL FREAKS to use them on its Website.
Therefore and by virtue of the provisions of Royal Legislative Decree 1/1996, of April 12, which approves the revised text of the Intellectual Property Law, regularizing, clarifying and harmonizing the current legal provisions on the matter, as well As in Law 17/2001, of December 7, on Trademarks and complementary legislation on intellectual and industrial property, the reproduction, transmission, adaptation, translation, distribution, public communication, including the method of making them available, is expressly prohibited. , of all or part of the contents of the Website, in any medium and by any technical means, unless expressly authorized in writing by GLOBAL FREAKS.
GLOBAL FREAKS does not grant any license or authorization of use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case will it be understood that the access and navigation of the Users implies a resignation, transmission, license or total or partial cession of said rights by GLOBAL FREAKS.
Any use of these contents not previously authorized by GLOBAL FREAKS will be considered a serious breach of intellectual or industrial property rights and will give rise to the legally established responsibilities.
13.- Exclusion of liability
GLOBAL FREAKS does not grant any guarantee nor is it liable, in any case, for damages of any kind that may arise from accessing or using the contents of the Website. Among others, and by way of example and not limitation, GLOBAL FREAKS is not responsible for the following circumstances:
i. Of the lack of availability, maintenance and effective operation of the Website and / or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to lack availability or continuity of the operation of the Website.
ii. Of the lack of usefulness of the Website or the contents for any service.
iii. The content of other Internet pages to which links placed on the Website may be directed.
iv. The existence of viruses, malicious or harmful programs on the Website.
v. The illicit, negligent, fraudulent use, contrary to these Terms and Conditions of Use or good faith, of the Website or its contents, by Users, including any infringement of the Intellectual and / or Industrial Property rights of GLOBAL FREAKS or third parties.
saw. Of the incidents caused by the lack of due diligence by the User or by the improper use of the Website.
vii. From the publication through the Website of comments and opinions that violate the rules mentioned in these Terms and Conditions, the applicable legislation or the rights of third parties.
1. In cases of force majeure, understood as the failure, suspension or interruption of the services or use of the Website as a consequence of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunications operators or service, supply or transport companies or any other causes or circumstances independent of the will of GLOBAL FREAKS that prevent the normal use of the Website.
14.- Modifications
GLOBAL FREAKS reserves the right to make as many modifications as it deems appropriate in these Terms and Conditions, these modifications will be valid from the date of their publication on the Website.
15.- Safeguard clause
All the clauses or extremes of these conditions of use must be interpreted independently and autonomously, the rest of the stipulations not being affected in the event that one of them has been declared void by judicial sentence or final administrative resolution. The affected clause or clauses will be replaced by another or others that preserve the effects pursued by the Terms and Conditions of Use.
16.-Resolution of controversies and applicable jurisdiction
These Terms and Conditions are subject to Spanish law.
The parties, in accordance with 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, submit to the Courts and Tribunals of the User's place of residence.
Likewise, and by virtue of the provisions of Regulation (EU) No. 524/2013 of the European Parliament and of the Council, of May 21, 2013, regarding the resolution of online disputes in consumer matters, GLOBAL FREAKS informs that, In the event of a dispute, the User residing in the European Union may go to the "Online Conflict Resolution Platform" developed by the European Commission, in order to try to resolve out of court any dispute arising from the provision of services by part for GLOBAL FREAKS.
To access the "Online Conflict Resolution Platform" you can do so through this link.
Withdrawal form
How to use the withdrawal form?
If you wish to withdraw from this contract, you must indicate your reasons and return the Product to us within 14 calendar days from the date of receipt of your order.
In the event that the Product is sent to us after the established period, GLOBAL FREAKS reserves the right to reject the package.
Next, we will tell you how to exercise the right of withdrawal:
1. Tell us your intention to return the Product through the form that you will find here. The form must be correctly completed and must be sent to the following address:
KAME RETAIL, S.L.
C / Gran Breataña 35-37, Nave 1-A, 08700 Igualada (Barcelona)
E-mail: [email protected]
2. After receiving the withdrawal form that you have sent us to the aforementioned address, we will send you to the email that you provide us with the necessary information so that you can return the purchased Product.
3. Once we receive these documents, the GLOBAL FREAKS customer service team will contact you to indicate your incident number and the way to proceed to make the return.
4. Once we have received your package in our warehouses, the refund will be made and confirmed by an email that will collect all the information related to the transaction.
APPENDIX 1
WITHDRAWAL FORM
For the attention of:
KAME RETAIL, S.L.
C / Gran Bretaña 35-37, Nave 1-A, 08700 Igualada (Barcelona)
E-mail: [email protected]
I hereby communicate that I withdraw from my contract of sale of the following Product:
[Provide a brief description of the Product]
-Order on / received on: [indicate contract date / order receipt date]
-User name:
-User address:
[USER SIGNATURE]
Date [__] of [__] of [___]