General Terms and Conditions

General Terms and Conditions of SkirmShop Spain SL. (B02642775) "Via Llobregat, 27, 08765, Pallejà, Spain"

1.     General

1.1. These general terms and conditions apply to all offers by SkirmShop Spain SL and to all agreements concluded between SkirmShop Spain SL and the consumer. The conditions are accessible to all and are included on the SkirmShop Spain SL website. Upon request, we will send you a written copy.

1.2. By placing an order, you indicate your agreement with the delivery and payment terms. Skirmshop.es reserves the right to change its delivery and/or payment terms after the expiration of the term.

1.3. Unless otherwise agreed in writing, SkirmShop Spain SL does not recognize the general or specific terms and conditions of third parties.

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

1.5. All rights to the websites are protected by copyright ©. All rights reserved, and therefore their content belongs exclusively to the author. Access to this material does not in any way constitute a license for reproduction and/or distribution, which is in any case prohibited without prior and express consent from SkirmShop Spain SL. Access to the websites implies acceptance of these terms of use.

1.6. The applicable law is Spanish law. Use of the services or content is prohibited in all jurisdictions that do not recognize the validity of these terms of use. Access to the content of SkirmShop Spain SL websites does not create any type of association, partnership, employment, or agency relationship between users and SkirmShop Spain SL.

NOTICE TO MINORS.

If you are a minor, you should know that:

SkirmShop.es recommends that you inform your parents or legal representatives before beginning your internet browsing.

Although your data will not be verified for accuracy, before using any service or content from SkirmShop Spain SL, we recommend that you discuss this with your parents or legal representatives, as they can explain the privacy policy to you and you can participate with them in all features of SkirmShop Spain SL websites.

In particular, if you intend to register, consult with your parents or legal representatives so that they may contact us if they wish.

NOTICE TO ADULTS.

Without prejudice to all provisions set forth in the Legal Notice; as parents, legal representatives, or guardians, you are responsible for ensuring that your minor children or wards access the services or content of SkirmShop Spain SL. Therefore, we recommend that you accompany, supervise, or take appropriate precautions (rules regarding computer usage time, placement of the computer in a common area of the home, etc.) during their navigation of the websites.

Although no verification of data accuracy will be performed, we recommend that you monitor the registration process of your children or wards in such cases. In such cases, SkirmShop Spain SL will handle requests arising from the exercise by parents or guardians of the rights of access, cancellation, rectification, and opposition regarding data of minors or incapacitated persons, without prejudice to the possibility of contacting us to issue any warnings deemed appropriate.

In addition, we remind you that some browsers allow configuration changes to prevent children or other persons from accessing certain pages. Nevertheless, we recommend that you supervise browsing, as certain websites may not have been classified.

1.7. Any disputes arising from an agreement between SkirmShop Spain SL and the buyer that cannot be resolved by mutual agreement shall be subject to the jurisdiction of the court in Barcelona, unless SkirmShop Spain SL prefers to submit the case to the court competent for the buyer’s place of residence, except for disputes falling under the jurisdiction of another court.

 

2.     Delivery

2.1. Delivery is carried out while stock is available.

2.2. Under the rules governing distance selling, Skirmshop.es orders shall be executed within at least 30 days, unless another delivery period has been agreed. If delivery within 30 days, or any other agreed delivery period, is not possible (because the ordered item is out of stock or no longer available), or if there is a delay for other reasons, or an order cannot be executed or can only be partially executed, then the consumer shall receive a message within one month after placing the order; in such case, the consumer has the right to cancel the order without charge and with notification of non-performance.

2.3. The obligation of delivery by SkirmShop Spain SL, unless proven otherwise, shall be deemed fulfilled once the products delivered by SkirmShop Spain SL have been offered to the customer. In the case of home delivery, the carrier’s report, including refusal of acceptance, constitutes full proof of delivery offer.

2.4. All timeframes mentioned on the website are indicative. Therefore, no rights may be derived from the aforementioned timeframes.

 

3.     Prices

3.1. Prices shall not be increased during the validity of the offer, unless required by legal measures or if the manufacturer implements temporary price increases.

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

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

 

4.      Trial Period / Right of Withdrawal

4.1. If a purchase is made by the consumer, according to the Distance Selling Law, the customer has the right to return the goods (or part thereof) delivered within a period of 14 working days without giving any reason. This period begins at the moment of delivery of the ordered goods. The customer is obligated, before proceeding with the return within the 14 working days following receipt, to send a written notice to SkirmShop Spain SL. If the customer has not notified the use of the legal right of return within the 14-day trial period after receipt, then the purchase is final.

Commercial returns will be accepted within 14 days from the date of receipt of the goods. For this, the product must be in its original sealed packaging, with all accessories and accompanying documentation, supplements, and in perfect condition for resale. The customer shall bear the transportation costs for returning the product to our facilities. Processing shall be initiated by contacting the email address info@skirmshop.es and following the instructions provided. Once the condition of the product is verified, the return will be authorized or denied. If the goods have been used, marked, or damaged in any way, SkirmShop Spain SL reserves the right to charge depreciation. If so, a credit amount will be issued to the customer, available for future purchases, equal to the full invoice value of the product. Transportation, customs, or other exceptional costs will not be refunded and will be detailed to the customer. If the return is denied, the customer will be informed by email of the reason for denial and shall bear the transportation costs to retrieve the product within a maximum of 30 days from the notification of the incident.

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

SkirmShop Spain SL shall, within 14 days after receiving the returned shipment properly or 14 days after the proof of return (here, the shipping proof must explicitly indicate the contents of the return shipment), issue a credit for the value of the products. Upon returning the entire purchase, the customer will receive a credit for the full purchase amount, including shipping and/or payment fees calculated. If only part of the purchased goods is returned, only the value of the returned products will be credited. Additional costs resulting from a more expensive shipping method than the cheapest standard shipping will never be refunded. The return of delivered goods is at the customer’s expense and risk.

 

4.2 The right of withdrawal does not apply to:

Service contracts, after full performance of the service, and only when performance has begun with the prior express consent of the consumer and the consumer has declared that they lose their right of withdrawal as soon as the trader has fully completed the contract for goods or services. Products whose price is subject to fluctuations in the financial market, over which the supplier has no influence and which may occur within the reflection period; goods manufactured according to the consumer’s specifications, such as custom-made items; or products with a clearly personal character; products whose useful life expires within the 14-day reflection period (deterioration). Sealed products that, due to health or hygiene reasons, are not suitable for return and whose seal has been broken after delivery; sealed audio/video media or software whose seal has been broken; goods or services that by their nature cannot be returned, for example, due to hygiene reasons or that may spoil or age rapidly; delivery of individual newspapers and magazines.

 

5.     Data Management

5.1. If you place an order with SkirmShop Spain SL, your data will be included in SkirmShop Spain SL’s customer database.

SkirmShop Spain SL adheres to the Data Protection Policy and will not provide your data to third parties. Please consult our Privacy Policy.

5.2. SkirmShop Spain SL respects the privacy of website users and guarantees the confidential treatment of their personal data.

5.3. SkirmShop Spain SL uses a mailing list in some cases. Each email contains instructions for unsubscribing from this list.

 

6.     Warranty and Conformity

6.1. The trader guarantees that the products and/or services comply with the contract, the specifications indicated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations at the time of conclusion of the contract and/or government regulations.

6.2. Any warranty offered by the trader, manufacturer, or importer does not affect the rights and claims the consumer may assert regarding non-performance of the trader’s obligations under the law and/or distance selling agreement.

6.3. If the delivered products appear to be incorrect, defective, or incomplete, the customer must (before proceeding to return them to SkirmShop Spain SL) notify these defects in writing to Skirmshop.es within two months of discovering the defect. The return of the goods must be made in the original packaging (including accessories and accompanying documentation). Use (operation) after detection of non-conformity, damage arising after detection of non-conformity, encumbrance and/or resale after detection of non-conformity, shall extinguish the right to claim and return.

6.4. If the customer’s complaints against SkirmShop Spain SL are found to be well-founded, Skirmshop.es will, at its discretion, repair or replace the delivered products. Any liability of SkirmShop Spain SL for damages is limited to a maximum of the invoice amount of the goods in question, or (at the option of SkirmShop Spain SL) to the maximum amount covered in the relevant case by SkirmShop Spain SL’s liability insurance. SkirmShop Spain SL excludes any liability for any other form of damage, including additional damages in any form, compensation for indirect or consequential damages, or damages due to loss of profits.

6.5. SkirmShop Spain SL is not liable for damages caused by the intent or gross negligence of non-executive personnel.

6.6. This warranty does not apply if:

A) the SkirmShop Spain SL customer is in default.

B) the customer has repaired and/or modified the delivered goods themselves or has had them repaired and/or modified by third parties.

C) the delivered goods have been exposed to abnormal conditions or treated carelessly or in violation of SkirmShop Spain SL’s instructions and/or instructions on the packaging.

D) Products subject to wear, intensive use, or manipulation from the outset shall be excluded from the warranty policy. This category includes used, opened, or manipulated replicas, batteries, consumables such as already-used ammunition, clothing or equipment, etc. In these cases, SkirmShop.es reserves the right to observe and argue defects not attributable to a manufacturing fault of the product.

 

7.      Offers

7.1. Offers are non-binding unless otherwise indicated in the offer.

7.2. After acceptance of a non-binding offer by the buyer, SkirmShop Spain SL reserves the right to withdraw from or deviate from the offer within a period of 3 working days following receipt of such acceptance.

7.3. Verbal commitments bind SkirmShop Spain SL only after they have been explicitly confirmed in writing.

7.4. SkirmShop Spain SL’s offers do not automatically apply to new orders.

7.5. SkirmShop Spain SL cannot withhold its offer if the customer should have understood that the offer, or part of it, contained an error or obvious mistake.

7.6. Additions, modifications, and/or additional agreements are only effective if agreed in writing.

 

8.     Agreement

8.1. An agreement between SkirmShop.es and a customer is concluded after SkirmShop Spain SL has assessed the feasibility of an order.

8.2. SkirmShop Spain SL reserves the right to refuse orders or accept them only under the condition that delivery is made against cash on delivery or after advance payment, without providing reasons.

 

9.      Images and Specifications

All images; photographs, drawings, etc., such as data regarding weights, dimensions, colors, label images, etc., on the SkirmShop Spain SL website are approximate, indicative, and cannot give rise to compensation or dissolution of the agreement.

 

10.     Force Majeure

10.1. SkirmShop Spain SL is not liable to the extent that its obligations cannot be fulfilled as a result of force majeure.

10.2. Force majeure means any external cause, as well as any circumstance, that reasonably should not be borne as risk by SkirmShop Spain SL. Delays or non-performance by our suppliers, internet malfunction, power failure, email traffic malfunction, malfunction or changes in third-party technology, transportation difficulties, strikes, government measures, supply delays, negligence by SkirmShop Spain SL’s suppliers and/or manufacturers as well as auxiliary personnel, staff illnesses, defects in auxiliary or transport equipment are expressly considered force majeure.

10.3. In case of force majeure, SkirmShop Spain SL reserves the right to suspend its obligations and also has the right to dissolve the agreement in whole or in part, or require that the content of the agreement be modified so that performance remains possible. In no case shall SkirmShop Spain SL be obligated to pay any penalty or compensation.

10.4. If SkirmShop Spain SL has already partially fulfilled its obligations at the start of force majeure, or can only partially fulfill its obligations, it has the right to invoice separately the part already delivered or deliverable, and the customer is obligated to fulfill its part as if it were 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 damages caused to third parties, vehicles, or other objects resulting from improper use of the products. Before use, read the packaging instructions and/or consult our website.

 

12.      Modifications to Terms of Use

SkirmShop Spain SL reserves the right to modify these Terms of Use at any time.

 

13.       Replicas of Category 4, Royal Decree 137/1993, Weapons Regulation

(Spanish Regulation)

In SkirmShop Spain SL, Category 4 weapons for recreational and sporting use, commonly known as ALDs, markers, or airsoft replicas, are sold. Sales are regulated by Royal Decree 137/1993, of January 29, approving the Weapons Regulation.

According to Article 54.3 of Royal Decree 137/1993: “Category 4 weapons may be acquired and kept at the purchaser’s residence, with no other procedure than the declaration of the sale, the type of weapon, and the identity data of the purchaser to the Mayor of the purchaser’s municipality and to the Civil Guard Weapons Authority.”

According to Article 56, a logbook of entries and exits of Category 4 weapons shall be maintained, recording the serial number, weapon type, and identification of the purchasing user.

To carry and use Category 4 weapons, an arms license card is required.

Article 105.

1. To carry and use Category 4 weapons outside the residence, they must be individually documented by means of arms license cards, which must accompany them at all times. Arms license cards shall be granted and, if applicable, withdrawn by the Mayors of the municipalities where applicants reside or are domiciled, after considering their conduct and background. Their validity shall be limited to the respective municipal boundaries.
2. Weapons included in Category 4.2 may be documented in unlimited numbers with a Type B card, which shall be valid permanently. For weapons included in Category 4.1, only six weapons may be documented with Type A cards, valid for five years.
3. Nevertheless, the municipal authority may limit or reduce both the number of weapons each applicant may possess and the validity period of the cards, taking into account local and personal circumstances.
4. Applicants for a Type A card must prove they are at least fourteen years of age, for which purpose they must present a national identity document or equivalent valid documentation.
5. The arms license card shall be issued on a form prepared by the General Directorate of the Civil Guard. Up to six weapons may be listed on each form. In the case of Type B cards, if the number of weapons exceeds six, the applicant may hold more than one card.
6. One copy of the form shall be delivered to the applicant; the second copy shall be sent by the Mayor’s Office to the Weapons Authority.

 

14.        Retention of Title

14.1. Ownership of all goods sold and delivered by SkirmShop Spain SL to the customer remains with SkirmShop Spain SL until the customer has fulfilled all claims by SkirmShop Spain SL under the agreement or similar prior or subsequent agreements, provided the customer has performed or still must perform work under these or similar agreements, and until the customer has satisfied SkirmShop Spain SL’s claims arising from non-performance of such obligations, including claims related to fines, interest, and costs.

14.2. Goods delivered by SkirmShop Spain SL subject to retention of title may only be resold in the context of normal commercial activity and must never be used as a means of payment.

14.3. The customer has no right to pledge goods covered by retention of title or to oppose in any other manner.

14.4. The customer grants unconditional and irrevocable permission to SkirmShop Spain SL or a third party designated by SkirmShop Spain SL to, in all cases where SkirmShop Spain SL wishes to exercise its ownership rights, enter any premises where its product is located and remove the product.

14.5. If a third party seizes the goods delivered under retention of title or seeks to establish or assert rights over them, the customer is obligated to notify SkirmShop Spain SL as soon as reasonably possible.

14.6. The customer shall take all necessary measures to insure the goods delivered under retention of title against fire, explosion, water damage, and theft, and shall deliver the insurance policy to SkirmShop Spain SL upon first request for inspection.