GENERAL CONTRACTING TERMS
1 - Relevant Company Information
CINE TOOLS S.L., a company with registered office in Calle Labrador nº 5, Madrid, with tax identification number B64247125, registered in the Commercial Registry of Madrid, at Volume 35.818, Sheet 11, Section 8, Page number M-643589 (hereinafter, the "COMPANY" or “CINE TOOLS”), owns the Website www.cinetools.es (hereinafter, the "Website"), whose use is subject to the present General Contracting Terms and Conditions (hereinafter, “General Contracting Terms” and the applicable legal texts accessible in the Website
2 - Object
The present conditions are aimed at governing the acquisitions of the products offered in the Website www.cinetools.es, owned by the COMPANY, whose social object is the sale and supply of consumables for cinema, theatre, television, and publicity through Internet. The features of the products appear reflected in the Website.
The User, through the acquisition of the products offered in the Website, declares to know and accepts without reservation, all the General Contracting Terms exposed in this document. Therefore, the Users who purchase products through the Website, fully accept the present conditions and will be bound to them as they were drafted in the moment of contracting.
The COMPANY is entitled to modify, eliminate or remodel any kind of information, service or content included in the Website, without notice. The reading and acceptance of the General Contracting Terms is a mandatory requirement for the purchase of any product through the Website, and the User has to tick the acceptance box.
Through the Website, the Users will have the possibility to access the contents, services and further information concerning the commercial object of the COMPANY. The present Contracting Terms constitute the entire convention between the parts regarding online transactions.
3 - Territory
The COMPANY operates through the Website in the Spanish territory comprised by the Iberic Peninsula and the Balearic Islands. Besides, the COMPANY will process the orders to the following countries of the EU: France, Italy, Belgium, United Kingdom, Holland, Luxembourg, Monaco, Germany, Austria, Denmark, Finland, Ireland, Sweden, Bulgaria, Chech Republic, Slovakia, Slovenia, Estonia, Greece, Hungary, Latvia, Lithuania, Poland, Romania, and Croatia, as well as the following non EU countries: Andorra, Channel (Guernsey and Yersey), Liechtenstein, Norway, San Marino, and Switzerland (hereinafter, the “Territory”). CINE TOOLS will only send and supply the goods in the Territory.
Deliveries to the Canary Islands will be subject to prior consultation of the terms and conditions that the COMPANY specifies. Any consultation regarding the delivery of the products to the Canary Islands will have to be addressed to the following email address: firstname.lastname@example.org
4 - Capacity to contract
In the event the User is a minor or legally incapacitated, the COMPANY warns that the consent by the parents, guardians or legal representatives for the purchase of the products shall be required. Consequently, in this case, please refrain from using the services provided in the Website without the consent by the parents, guardians or legal representatives; otherwise, the COMPANY will not be held responsible for the actions of the minor or of the legally incapacitated.
In this regard, the COMPANY informs that the User must have capacity to contract when acquiring the products offered in the Website. Therefore, the products can be acquired by persons older than 16 years of age with adequate capacity to contract, being applicable to them the present General Contracting Terms.
5 - Content and proceedings of the Website
The information contained in the Website won’t be considered complete or exhaustive due to the wide range of existing products.
The COMPANY manifests that the products offered through the Website usually corresponds with its picture and description. However, the COMPANY is exonerated for those cases where due to technical or human errors some variations or mistakes may exist between the picture, the description and the price. Similarly, CINE TOOLS remarks that the pictures have an indicative character, so variations in the physical aspect of the product may exist, without damaging the integrity and features of the requested product.
6 - Purchase procedure
6.1 - Selection: The User, when accessing the Website, will be able to select the product. All the products that appear in the Website are accompanied by a detailed description, together with its price (VAT included). If the User decides to buy it, he has to choose the option “Add to the basket”.
6.2 - Buying: Once the User has selected the products he wishes to buy, the User has to choose the option “Products in the basket”, where the selected products will appear with their Price (included VAT), as well as the sum corresponding to the delivery expenses. If the User decides to end the purchase, he will have to provide his data in the available form in the Website, or, in case he is already registered, introduce his email and password. If the User is buying for his first time, he will have to fill all the data required with an asterisk (*), among them, the address, form of delivery, and if the User has bought in other occasions, he will just have to fill in the section “Are you inscribed?”
6.3 - Confirmation: Once the User has identified himself, the last steps are the confirmation of the purchase, the acceptance of the General Contracting Terms, and the payment of the products acquired.
When the order is done, the User will receive an email acknowledging receipt of the same, specifying all the details of the order, such as the payment form and the delivery address.
If the User observes a mistake in the indicated address or in any other section of the order, he will have to notify such circumstance to the following email address in order to amend errors: email@example.com
7 - Prices
The prices of the products offered in the Website include VAT and any other applicable taxes. However, these prices do not include delivery expenses, which are detailed in the payment process, where the User can see the concepts of the price of the product.
In this sense, both in the basket overview and in the confirmation of the order, the total amount including taxes and delivery expenses is detailed.
Prices are valid, errors excepted, and can be subject to revision and modification by the COMPANY in any moment without previous notice, respecting the indicated price in the moment of the acquisition. Therefore, the products will be billed at the current price in the moment of the registration of the order by the User.
Based on its commercial policy, the COMPANY can vary the prices due to loyalty reasons, purchase of certain quantity of products as well as other reasons that the COMPANY can stipulate in the due moment. However, the COMPANY will offer these discounts on a free and voluntary basis, to the users it deems appropriate, without the possibility of being requested by the User.
8 - Payment methods
The COMPANY makes available to the User the following payment methods:
- Banking card (debit or credit): The operation is made in the moment of confirming the order. The online payment with credit card is made through the security system "Secure Socket Layer", which codifies the banking data of the User when it is transmitted through Internet. The Website accepts VISA and Mastercard cards.
- PayPal: The User can pay fastly and surely with a Paypal account or with his debit or credit card. PayPal codifies automatically the confidential data with the help of the best technology available in the market.
- Cash on delivery: The User can pay with cash upon delivery of the products ordered within the Territory. To do this, the User must have the exact amount due prepared when the delivery is made.
9 - Safe purchase
The COMPANY uses for all electronic transactions the Secure Socket Layers (SSL), a safety system that ensures that all data sent by the User is safe. It is filed thanks to an encryption technology working with Netscape Navigator (from version 2.0), Microsoft Internet Explorer (from version 3.0) and AOL (from AOL 3.0).
Thanks to this process, it is virtually impossible that a third party without authorisation can access the information sent by the User.
10 - Delivery expenses
When making an order through the Website, delivery expenses will be included and paid by the User. They are variable depending on the Territory chosen by the User, who can decide either having his order sent to the address specified in the moment of ordering, or picking up the order at the nearest UPS Access Point, or either the User can pick it up in the CINE TOOLS store in Madrid or Barcelona, without having to pay delivery expenses, as described in paragraph 11.1 below regarding “Delivery place”.
The User can check the import of the delivery expenses in any moment from the basket before ordering. The User will be informed when the package has arrived at destination by means of an email.
11 - Delivery place and time
11.1 - Delivery place
The COMPANY will deliver the order in perfect condition to the address specified by the User, which has to be in the Territory. With the aim of optimizing the delivery process, the address specified by the User must be an address where the delivery can be processed in the usual working hours.
The delivery of the orders will be carried by the Company United Parcel Service España Ltd y Compañía S.R.C. (hereinafter, “UPS”).
If in the moment of delivery the User is not present in his address, UPS will leave a notice in the address of the User informing of the nearest UPS Access Point where the User may collect his order, or UPS may deliver the order to a neighbour, providing the User with his identification in order to collect the order.
The option of delivery in an UPS Access Point will be available provided that the order has been made in a country of the Territory where this service is available: Spain, Italy, France, United Kingdom, Holland, Germany, Poland, Belgium and Luxembourg. In the event of not being able to deliver the order in the nearest UPS Access Point, the shipping company will leave the order in the User’s neighbour’s house, informing the User of its location.
In the event that the delivery is carried in a country of the Territory which has not enabled the Access Point service, UPS will deliver the order in the address of one of the User’s neighbours, in the event that no neighbour is available, the order will be returned to UPS department stores, and three attempts will be performed in three consecutive days to deliver the User’s order.
Provided that seven (7) calendar days or five (5) business days elapse since the date of notification, and the User has not contacted UPS, the products will be returned to the COMPANY and the User will have to pay for the delivery and returning expenses, as well as with the processing charges.
The delivery of the orders can be made in the following ways:
Delivery to the address indicated by the User in the moment of the order, which will entail the corresponding delivery expenses detailed in the Website during the purchase procedure.
- Pickup from one of the nearest UPS Access Point, which will entail the corresponding delivery expenses detailed in the Website during the purchase procedure.
- Pickup from CINE TOOL’s stores in Madrid (C/Labrador, 5, 28005) and Barcelona (C/Buenaventura Muñoz, 12, 08018). This collection method is exempt from delivery costs.
CINE TOOLS won’t be liable for mistakes caused during the delivery when the address introduced by the User does not correspond with the address of delivery desired by the User.
CINE TOOLS can send the same order in different deliveries on different dates.
11.2 - Delivery time
The COMPANY will inform the User of the delivery time before the ending of the buying process. CINE TOOLS won’t deliver on Saturday, Sunday, and local, regional and national holidays.
The COMPANY will inform the User through an email on the date the order leaves the stock of the COMPANY, and on the contact data of the messenger company hired for the delivery. The delivery of the products within the Iberian Peninsula and Balearic Islands will have a delivery period of 48 hours, being possible to receive the products within 24 hours if the order was submitted before 4 pm of the first day. The rest of the deliveries in the Territory have got a different delivery period attending to the type of product and the location of the User’s address within the Territory. In any event, in a maximum term of 30 days from the date of notification, the products will be delivered in the indicated address, except for exceptional circumstances.
Furthermore, if in the delivery moment, it is clearly visible, without manipulating the packaging material, that a product has defects caused during the transport, or that there is a mistake in the goods, the User will have to specify it in the delivery note and communicate it with the COMPANY through an email addressed to firstname.lastname@example.org in the shortest term possible from the reception of the order and always before 14 working days from that moment, in order to claim for the return of the affected product(s) and substitute it by another one in good condition, or reimbursing the price paid, depending on what is indicated in the email.
12 - Right of withdrawal
The exercise of the right of withdrawal is not subject to any formality, so the User can proceed to the returning of the acquired products without justifying its decision and without any kind of penalty.
The User can enforce his right of withdrawal by any form admitted by law, considering valid the enforcement of this right by sending the withdrawal form that the COMPANY facilitates in the Website to the address email@example.com or by the returning of the products received to the following postal address: C/ Labrador nº 5, local bajo, 28005 Madrid, Spain.
In conformity with the applicable legislation, the User has fourteen natural days (14) since the delivery of the product to desist, totally or partly, from its acquisition. Once the term has passed, the COMPANY won’t accept returns of products bought through the Website.
In order to make the returning process easier, CINE TOOLS makes available for the User the withdrawal form in the following link: http://beta.cinetools.es/withdrawal-form.docx. For the use of the present system, some requirements must be fulfilled:
- The product must be in the same state that it was in the moment of the delivery, and it will have to keep the instructions, documents, accessories, and packaging material and labelling if possible.
- The return to CINE TOOLS must be done using the same box or envelop used in the delivery, or failing this, in any similar format that ensures the correct return of the product in a perfect state.
- The return note must be included inside the package. In case of having received the product and noticing that the packaging presents some coup, buckling or break, it must specify it in the messenger’s delivery note.
If the packaging presents coups, bucklings or breaks, the buyer must reject the delivery, specifying the reason in the messenger’s delivery note.
The COMPANY won’t face the costs and direct expenses caused to the User for those returns of products within the enforcement of the withdrawal right. Then, the User will assume the delivery expenses for the return, and will have to send the product with postage prepaid, as the COMPANY won’t accept deliveries freight collect.
In case of enforcing the right of withdrawal, the User will have the right for the COMPANY to reimburse the price of the products returned within 14 days, when the products returned are in the same conditions as when they were delivered, not being used (apart from the necessary use to verify its conformity with the expectations), cleaned, damaged, unpackaged, or lost before reaching the ifacilities of CINE TOOLS, or not fulfilling the present General Contracting Terms.
CINE TOOLS will check its conformity with the returned product, reserving the right to not reimburse the price to the User in the event that the acquired product does not coincide with the returned one, or the returning was not made under the present General Contracting Terms.
Partial returns of an order will lead to partial reimbursement of the price and expenses. Delivery expenses will be reimbursed proportionally with the value of the returned product.
The COMPANY will manage the order to reimburse the Price and delivery expenses through the payment system used by the User for the acquisition of the products, in a term no longer than 14 natural days since the User communicated his right of withdrawal. The processing of the refund of the price and delivery expenses in the account or card of the User will depend on the card and issuing entity. The maximum term applied for the refund of the products returned will be of up to seven (7) natural days for debit cards and up to thirty (30) natural days for credit cards.
13 - Guarantees
In case of defective product, the COMPANY, as appropriate, will proceed to, its repair, substitution, reduction of the price or resolution of the contract, free of charge for the User.
The COMPANY will respond for the lack of conformity which may arise in the product in a term of two (2) years since the delivery. Unless there is evidence to the contrary, the lack of conformity arisen in the six (6) months after the delivery of the product, will be presumed to exist also in the moment of delivery, except for when the presumption is incompatible with the nature of the product. Furthermore, unless there is evidence to the contrary, the delivery is presumed to be made on the day stipulated on the bill or acquisition ticket, or in the delivery note if it is subsequent.
The COMPANY is forced to deliver justification documents of the delivery of the product, showing the date of delivery and the lack of conformity, to Users who enforce their right of withdrawal.
Together with the repaired or substituted product, the COMPANY will give the User the justification documents of the delivery which shows its date and the repair, if it may be the case.
The action of the User to claim for the fulfilment of this section regarding the right to repair and substitution will prescribe three (3) years after the delivery of the product. Additionally, the User must inform the COMPANY on the lack of conformity in the term of 2 months since its knowledge, according to the applicable legislation. The infringement of that term won’t mean the loss of the right to obtain the repair, but the User will be responsible for the damages effectively occasioned by the delay in the communication.
14 - Disclaimer
Without prejudice of the applicable law and the rest of the clauses of the present General Contracting Terms, the liability of CINE TOOLS in relation with the products acquired through the Website is limited to their price.
The COMPANY does not assume liability from the following, although the list is not exhaustive:
- From how the Users use the materials of the Website or linked webs, infringing the industrial and/or intellectual property rights of the Web’s or third parties’ content, although that behaviour is permitted.
- From the eventual damages caused to the Users as a consequence of the normal or abnormal functioning of the search tools, from the organisation or location of the content and/or access to the Website and, in general, from the mistakes or problems created during the development or instrumentalization of the technical elements that the Website or a programme facilitates to the User.
- From the content of those webs that the User can accede to from links included in the Website, both authorised or not.
- From the actions and omissions of third parties, independently that those third parties have a contractual relation with the COMPANY
- From the access of Users of minor age to the content of the Website, being the responsibility of the parents or legal tutors to control adequately the activity of the minor under their charge or to install any tool to control the use of Internet in order to avoid the access to materials or content not suitable for minors, as well as from the delivery of personal data without the authorisation of the parents or tutors.
- From the mistakes and delays in the access to the Website by the User when introducing his data in the form of the order, the slowness or impossibility to receive the confirmation of the order or any other abnormality that may arise when these incidences are due to problems in the Internet, as a consequence of an exceptional cause and any other unforeseeable contingency out of the good faith of the COMPANY.
- From the mistakes and incidences that may arise in communications, erasure or incomplete transmissions, as the COMPANY cannot ensure that the Website will always be operating.
- From the mistakes and damages caused to the Website by an inefficient use and in bad faith by the User.
- From the non-operativity or problems in the email address provided by the User to confirm the order.
To the extent possible, the COMPANY commits to solve the problems that may arise and to offer the necessary support to the User in order to come to a fast and satisfactory solution of the incidences.
15 - Modifications
The COMPANY reserves the right to modify at its own discretion, in any moment, the configuration and presentation of the Website, as well as of the General Contracting Terms and all other legal texts accessible through the Website. The Users will have access to the General Contracting Terms in the Website, and will have to read them carefully when entering the Website. In any event, the acceptation of the applicable General Contracting Terms will be a prior and indispensable step to contract any product available in the Website, so the modifications that the COMPANY may introduce won’t be applicable if the User has not accepted them.
Furthermore, during well defined time lapses, the COMPANY has the right to promote the registration of new members. The COMPANY reserves the right (complying with the applicable law) to modify the conditions of the promotions, to extend them after communicating them, or to exclude any of the participants of the promotion in case of detection of an abnormality, abuse or unethical behaviour in the participation (like massive purchasing, commercial activities, frauds, etc.)
16 - Intellectual Property
The User admits to and accepts that the elements and rights of intellectual and industrial property or others (including but not limited to copyright, patents, trademarks, designs, pictures, images and source codes) accessible to him and related to the Website belong exclusively to the COMPANY.
The User cannot copy, modify, alter, publish, communicate, distribute, sell or transfer the materials of the Website or the content downloaded, directly or indirectly, totally or partly, without authorisation of the COMPANY.
17 - Data Protection
The COMPANY is fully aware of the use and treatment that personal data can be subject to, and complying with the applicable law, it disposes of a system to preserve the security, integrity and confidentiality of the User’s personal data.
In addition to the fulfillment of the requirements established in the Regulation (EU) 2016/679 of April 27, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and other legal regulation applicable regarding personal data protection, it is ensured a legal and loyal use of the personal data, as well as a system to enforce the rights of rectification, cancelation and opposition stated in the law. The COMPANY makes available to the Users clear and comprehensive information about the Privacy and Cookies Policy, which can be consulted through the following link: https://www.cinetools.es/en/content/18-politica-de-privacidad-y-cookies.
18 - Cookies
19 - Jurisdiction and applicable law
The terms and conditions governing this Website and the relations derived from the use and/or registration in the same are governed by the Spanish Law.
Any controversy arising from the access or using of the Website and/or its services is submitted to the Spanish Courts and Judges under the applicable Law in each moment.
Without prejudice to the above, the User, if a natural person, shall be able to choose an out-of-court procedure through the on line platform for alternative disputes resolution, available at https://ec.europa.eu/consumers/odr.
20 - Information and consultations
For any information that the User requests on his order regarding the characteristics of the products and services provided by the COMPANY, as well as to inform the COMPANY of any incidence or claim, the User will just have to send an email to the following e-mail address: firstname.lastname@example.org, and the COMPANY will contact the User as soon as possible.