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Terms and Conditions

GENERAL CONDITIONS OF SALE

We are glad that you are here because it is a sign that you are a USER who knows your rights and it is important for us that you have the certainty and peace of mind that, on this website, we make sure that your rights are guaranteed.

When you read this text it will be clear to you what the terms of our agreement are and you will know all the necessary information regarding the electronic transactions you carry out on this website.

Here you will find the contracting conditions for the products and services offered by PromoShark.eu .

Before contracting any of the services that I make available to you on this website, it is essential that you read the conditions and terms that apply to theprovision of serviceswhich offers PromoShark.eu In its core business of sales of men's and women's accessories.

You should be aware that these services can only be accessed and contracted from PromoShark.eu After reading and accepting these terms and conditions.

By agreeing to these terms, you, as a USER, are bound by these terms, which, together with the privacy policy, will govern our business relationship.

If you do not agree with any part of the terms, you will not be able to contract the services and products offered here.

PromoShark.eu Reserves the right to modify or change these terms and conditions at any time. If the modifications constitute a material change to the terms, PromoShark.eu Will notify you by posting a notice on this website.

The services offered are available only to legal entities and to persons who are at least 18 years of age.
These terms were last updated on 31/01/2024

BUYER IDENTIFIER

Pursuant to the provisions of Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), the following information is provided:

  • Its company name is: PROMOSHARK S.L.
  • Your VAT number: B19919976
  • Its registered office is at C C/BAILEN 12, BIS, LOCAL Vilanova i la Geltrú - Barcelona
  • Contact telephone number: (+34) 937446577
  • Its business activity is: Sales of personalised gifts for companies and corporations

SERVICES OFFERED ON THIS WEBSITE

PromoShark.eu Provides the following services:

  • Sale of personalised gifts for companies and corporations
  • Delivery service anywhere in the world according to the conditions of the type of service contracted at the time of purchase.

As a condition for contracting the Services offered, you are obliged to register in the corresponding form at PromoShark.eu And provide registration information. The registration information you provide must be accurate, complete and current at all times. Failure to do so constitutes a breach of the terms, which may result in the dissolution of the contract with PromoShark.eu .

PRICES AND PAYMENT METHODS

You undertake to pay for the products and services contracted to PromoShark.eu In the forms of payment accepted by PromoShark.eu And for any supplementary amounts (including taxes and late payment charges, as the case may be).

Payment is always 100% in advance and the products and services will be delivered when we confirm payment.

The prices applicable to each product and/or service are those indicated on the date of the order including, where applicable, VAT (Value Added Tax) for transactions within the Spanish territory.

The price of each product will be the price stated on our website at any given time, except in the case of obvious error. Although we try to ensure that all prices shown on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be considered cancelled and any monies paid will be refunded in full.

We shall not be obliged to supply you with any goods at the incorrect lower price (even if we have sent you a Dispatch Confirmation), if the price error is obvious and unmistakable and could reasonably have been recognised as the incorrect price, we will not be able to dispatch the order.

HOW TO MAKE A PURCHASE

As a condition of placing any order, the USER must contact PromoShark.eu And provide the relevant information required for the purchase of the services available on this website. The ordering information provided must be accurate, complete and up to date at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with PromoShark.eu .
From the moment of acceptance, the USER acquires the status of CUSTOMER of PromoShark.eu .

WHEN YOU WILL KNOW THAT YOUR PURCHASE IS EFFECTIVE

Once the purchase has been made and payment has been made,PromoSharkWill send you an order confirmation by e-mail as soon as possible, but no later than 24 hours after completion of the purchase.
It's time to check that everything is correct. If you do not agree with the information contained in this confirmation, you may request the modification or cancellation of the order.

The validation of the order by the CUSTOMER expressly implies knowledge and acceptance of these particular conditions of contract as part of the conclusion of the contract. In the absence of proof to the contrary, the data recorded by PromoShark.eu Constitute the evidence of the set of transactions carried out between PromoShark.eu And their CUSTOMERS.

COMMON SYSTEM OF VALUE ADDED TAX OF THE EUROPEAN UNION

In accordance with the provisions of Law 37/1992 of 28 December 1992 regulating this tax and European Directive 2008/8/EC, the transaction may be exempt or not subject to this taxdepending on the buyer's country of residenceAnd the status in which he/she acts (employer/professional or private individual).

Consequently, in some cases the final price of the order may be altered with respect to that shown on the website.

The final price will appear during the confirmation of your order and will reflect the corresponding VAT rate of the products.

Prices of Products and Services may change at any time at the sole and exclusive discretion of PromoShark.eu . The Products and Services do not provide price protection or refunds in the event of price reductions or promotional offers.

ACCEPTED FORMS OF PAYMENT

PromoShark.eu Accepts as a form of payment:
Credit card (Secure 3D System)
PayPal
Bank transfer

SUPPORT AND FAIR USE MODALITY

Services must be requested through the appropriate channels in order to be received and responded to within a reasonable period of time. These channels are the respective forms located in each of the services offered.
Each application is subject to the assessment and approval by PromoShark.eu .
PromoShark.eu Can provide alternative solutions to the CUSTOMER including referral to the partner network of PromoShark.eu (e.g. transport companies).

FAIR USE CLAUSE

The term "unlimited" is subject to a fair use clause. The definition of fair use is determined by PromoShark.eu , at its sole and exclusive discretion. CUSTOMERS who PromoShark.eu Consider that they are abusing the service will be contacted by PromoShark.eu .
PromoShark.eu Reserves the right to suspend the service if it considers that it exceeds the fair use clause.

EXCLUSION OF LIABILITY

PromoShark.eu Does not guarantee that the availability of the service covered by this contract will be continuous and uninterrupted, nor for the loss of data hosted on its servers, interruption of business activities or any damage arising from the operation of the services, or the expectations generated for the CUSTOMER, as a result of:

  • Causes beyond the control of PromoShark.eu And acts of God and/or force majeure.
  • Breakdowns caused by incorrect use by the CUSTOMER, especially those arising from the contracting of an inappropriate service for the type of activity and use carried out by the CUSTOMER and/or third parties through its website.
  • Scheduled stoppages and/or alterations to the content made by mutual agreement between the parties for the maintenance or performance of previously agreed exceptional actions.
  • Viruses, computer attacks and/or other actions by third parties that cause the total or partial impossibility of providing the services.
  • Incorrect or deficient functioning of the Internet.
  • Other unforeseeable circumstances.

In this way, the CLIENT agrees to bear these circumstances within reasonable limits, and therefore expressly waives the right to claim against PROMOSHARK S.L. any contractual or extra-contractual liability for possible failures, errors and use of the contracted service.
PROMOSHARK S.L. shall not be liable in any case for errors or damages caused by the inefficient and bad faith use of the service by the CLIENT. PROMOSHARK shall not be liable either S.L. of the major or minor consequences of the lack of communication between PROMOSHARK S.L. and the CUSTOMER when it is attributable to the non-functioning of the e-mail address provided or falsity of the data provided by the CUSTOMER in his USER registration of PromoShark.eu .

GROUNDS FOR DISSOLUTION OF THE CONTRACT

Dissolution of the service contract can occur at any time by either party.
You are not bound by any conditions of permanence with PromoShark.eu If you are not satisfied with the service.
PromoShark.eu May terminate or suspend any or all of the Services contracted with PromoShark.eu Immediately, without notice or liability, in the event that you fail to comply with the terms and conditions set forth herein.
Upon termination of the contract, your right to use the Services will cease immediately.
The following shall be causes for dissolution of the contract:

  • The falsehood, in whole or in part, of the data provided in the process of contracting any service.
  • Alter, circumvent, reverse engineer, decompile, disassemble or otherwise tamper with any of the security technology provided by PromoShark.eu .
  • Also cases of abuse of support services by requiring more hours than the contractually stipulated.

Dissolution implies the loss of the rights to the contracted service.

VALIDITY OF TENDERS

The products and services offered on the website will be available for purchase as long as they are in the catalogue of products displayed on the website. USERS are requested to access updated versions of the website in order to avoid errors in the services and/or products offered.

COMMERCIAL WITHDRAWAL

Withdrawal is thethe ability of a consumer of a good to return it to the trader within a statutory period of 14 days, without having to plead or give any explanation for it or suffer a penalty.
The right of withdrawal may not be exercised (except for error or defect in the contracted product or service), in the following cases provided for in article 45 of the Commercial Law:

  • Contracts for the supply of goods which are made to the consumer's specifications or are clearly personalised, or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.
  • Contracts for the supply of sound or video recordings, discs and software which have been unsealed by the consumer, as well as computer files, supplied by electronic means, capable of being downloaded or reproduced immediately for permanent use.
  • And in general all those products ordered from a distance that are made to our specifications: clothing, personalised hats or any other type of personalisation required for any accessory.

The right of withdrawal, in accordance with article 103.a of Law 3/2014, of 27 March, which amends the revised text of the General Law for the Defence of Consumers and USERS and other complementary laws, approved by Royal Legislative Decree 1/2007, of 16 November, shall not apply to the provision of services, once the service has been fully executed, when the execution has begun, with the prior express consent of the consumer and USER and with the acknowledgement on their part that they are aware that, once the contract has been fully executed by the consumer and USER, they are aware that, once the contract has been fully executed, they will not be able to withdraw from the contract PromoShark.eu ,Shall have lost its right of withdrawal.

Also, PromoShark.eu May proceed to terminate the contract if the USER fails to make the corresponding payment or commits any of the actions set out in the section on causes for termination of the contract.

HOW TO CANCEL AN ORDER

If you wish to cancel your order with PromoShark.eu , you must contact us with a request for cancellation of the order. This request must be made before the order has been shipped.

PromoShark.eu Guarantees the CUSTOMER the reimbursement of the amounts paid within fourteen (14) calendar days from the date of reliable communication of the exercise of the right of cancellation, provided that the cancellation complies with the requirements and has been accepted by PromoShark.eu .

Consequences of withdrawal

In the event of withdrawal by you, we will refund all payments received from you without undue delay and in any event not later than 14 calendar days from the date on which you inform us of your decision to withdraw from the purchase and provided that due notice has been given.

We will carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

If the service covered by this contract has been initiated during the cancellation period (14 days), in accordance with article 108.3 of Law 3/2014, PROMOSHARK S.L. may retain the proportional part corresponding to the service provided, including the support service and, in the event that the service has been provided in full (transport costs), in accordance with article 103.a of the aforementioned law, the right of withdrawal shall not be applicable.

All services provided to you shall, by their nature, survive dissolution if paid for in full, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

EUROPEAN CONSUMER LAW

The European Commission has created the first European platform for dispute resolution in online commerce under the latest consumer law. In this respect, as the operator of an online sales platform, I have a duty to inform my USERS about the existence of an online platform for alternative dispute resolution.
To use the dispute resolution platform, the USER must use the following link:http://ec.europa.eu/odr

CONFIDENTIALITY

All the information and documentation used during the contracting, development and execution of the services that regulate the relations between PromoShark.eu And the CLIENT.

All information received by the CLIENT, be it images, e-mails, texts, access data such as USERS and passwords, will be treated confidentially, and its transfer to third parties is strictly forbidden.

Confidential information shall not include information which is disclosed by agreement between the Parties, information which has become public for the same reason or which is required to be disclosed by law or by a court order of a competent authority, or information obtained by a third party who is under no obligation of confidentiality.

Both parties undertake to comply with the duty of confidentiality indefinitely.

PROTECTION OF PERSONAL DATA

In accordance with the Organic Law 15/1999, of 13 December, on the Protection of Personal Data, PROMOSHARK S.L. informs the USER that there is a personal data file identified as "CUSTOMERS" "Suppliers" created by and under the responsibility of PROMOSHARK S.L. with the purposes appropriate to the processing, which include:

  • a) The management of the legal-economic relations between the holder and its CUSTOMERS.
  • b) Management of the service contract with the CLIENT.

To the extent authorised by the interested party; the USER is responsible for the accuracy of the same.
In the absence of any indication to the contrary, the data subject expressly consents to the total or partial authorised processing of such data for the time necessary to fulfil the aforementioned purposes.
PROMOSHARK S.L. undertakes to comply with its obligation to maintain the secrecy of personal data and its duty to store them, and to adopt the security measures required by applicable legislation to prevent their alteration, loss, unauthorised processing or access, always in accordance with the state of available technology.

The USER may send their communications and exercise their rights of access, rectification, cancellation and opposition by e-mail to: shop@promoshark.eu together with valid legal proof, such as a photocopy of their D.N.I. or equivalent, indicating "DATA PROTECTION" in the subject line. You can also carry out these actions directly from "My account" in the corresponding section of RGDP.

These terms are subject to PROMOSHARK's privacy policy S.L..

LIMITATION OF LIABILITY

PromoShark.eu , reserves the right to carry out, at any time and without prior notice, modifications and updates to the information contained on the website, its configuration and presentation, access conditions, contracting conditions, etc. Therefore, the USER must access updated versions of the page.

Under no circumstances PromoShark.eu Is liable for any breach of contract by you, negligence with respect to the site, the service or any content, for any loss of profits, loss of use, or actual, special, indirect, incidental, punitive or consequential damages of any kind arising out of your misuse of the tools provided.

The sole responsibility of PromoShark.eu , the obligation to deliver the products purchased under the terms and conditions set out in this contracting policy.
PromoShark.eu Shall not be liable for any consequence, damage or harm that may arise from the improper use of the products or services supplied.

INTELLECTUAL AND INDUSTRIAL PROPERTY

PROMOSHARK S.L. is the owner of all industrial and intellectual property rights of the site PromoShark.eu , and of the elements contained therein, including the downloadable documents on the website.

It is strictly forbidden to modify, transmit, distribute, reuse, repost or use all or part of the content of the site for public or commercial purposes without the authorisation of PROMOSHARK S.L..

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offence punishable under articles 270 et seq. of the current Penal Code.

In the event that the USER wishes to report any incident, comment or make a complaint, he/she may send an e-mail to shop@promoshark.eu indicating his/her name and surname, the product purchased and stating the reasons for his/her complaint.

To contact PROMOSHARK S.L. or raise any questions, issues or complaints you can use any of the following means:
* E-mail: shop@promoshark.eu

LANGUAGE

The language in which the contract is to be concluded between PromoShark.eu And the CLIENT is in Spanish and English. The Spanish version of the contract shall always prevail.

JURISDICTION AND APPLICABLE LAWS

PromoShark.eu And THE USER shall be governed by Spanish law for the settlement of any dispute that may arise from access to or use of this website, and shall be subject to the Courts and Tribunals of the province of Barcelona.

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