Terms and conditions
1. Acceptance of Terms and Conditions.
The general conditions of recruitment and use of the website (hereinafter, the General Conditions), seek to regulate the information provided on the website www.tonipons.com and commercial transactions held between ANTONI PONS S.A. and their users and customers.
The navigation by users of online store www.tonipons.com and the acquisition of any of the products offered on it implies the acceptance of each and every one of the General Conditions. ANTONI PONS S.A. reserves the right to change at any time and without notice to amend the General Conditions by posting such changes on the website so they can be known in advance by the users and customers.
2. Information provided on the website
ANTONI PONS S.A. reserves the right to modify the commercial offer (products, prices, promotions and other commercial and service conditions) presented in www.tonipons.com at any time. We make every effort to ensure that the information contained on the website is accurate and do not include typographical errors. In the case that at some point there are any error of this type, we’ll proceed immediately to its correction.
If there is a typographical error in one of the displayed prices and a customer had made a purchase decision based on that error, we will communicate that error and the customer is entitled to reconfirm your order at the correct price or to cancel your purchase without cost on their part.
If we cannot contact the customer, the order will be considered as cancelled and a refund of the total amount paid will be paid back.
ANTONI PONS S.A. is not responsible directly or indirectly from any of the information, content, statements and expressions contained in the products sold on the website. Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted or obtained through this website unless the establishment explicitly stated otherwise herein.
3. Responsibility of ANTONI PONS S.A.
Users and customers assume all liability for the use of our website. In this way, accept that ANTONI PONS S.A. shall not, directly or indirectly, for any damages of any kind arising from the use of the website and especially, the impersonation performed by a third party or any fraudulent use of your card. You are solely responsible for data diligently guard their credit cards. In case of loss or theft of your credit card, you are responsible to notify the office of the credit card network immediately.
Users and customers have an obligation to compensate ANTONI PONS S.A. of any damages that may cause directly or indirectly as a result of your breach of these Terms, violation of applicable regulations and / or violation of the rights of ANTONI PONS S.A.
ANTONI PONS S.A. does not control the use customers of the website. ANTONI PONS S.A. under no circumstance does guarantee that users use the website in accordance with the law, the General Conditions, morality and generally accepted principles.
The responsibility of ANTONI PONS S.A. in connection with any product purchased on the website www.tonipons.com is strictly limited to the purchase price of the product.
4. Dues of clients and customers
The user agrees to comply with the General Conditions and to meet the special warnings or instructions contained therein or on the website and to always act according to law, morality and the requirements of good faith, using due diligence, and not using the Website in any manner that could prevent, damage or impair the normal operation of the property or rights of ANTONI PONS S.A., suppliers, other users and customers or, more generally, any third party. It is prohibited to access and use the portal without the express consent of their parents and adults who do not have the legal capacity to enter into binding contracts; ANTONI PONS S.A. is not responsible for the accuracy of the data filled by the user and therefore can not verify the age or capacity to act the same.
Users and customers www.tonipons.com undertake:
a) Use the website to make legitimate inquiries or orders. All false or fraudulent orders are forbidden.
b) Provide accurate information about the data requested in the customer registration form or placing an order, and keep them updated. In particular, it is necessary that you provide an email address for shipments and, when appropriate, other information that we use to contact you if necessary.
c) Do not enter, store or disseminate on the website any software, data, viruses, code, robot or other electronic or physical device which is capable of causing damage to the web site in any of the services, or in any equipment, systems or networks ANTONI PONS S.A., or to any other user or client.
d) Keep with due diligence the "username" and "password" that is provided by ANTONI PONS S.A. Customer is responsible at all times in the custody of their access codes that are personal and not transferable, thus assuming any damages arising from its misuse, as well as the transfer, disclosure or loss thereof. To this end, access to restricted areas and / or use of the contents of the site made under the password of a client shall be deemed made by the customer, who will answer in every case of such access and complete indemnity for use with ANTONI PONS S.A. Should there be any circumstances that could endanger access and / or use by unauthorized parties, the customer must notify us immediately so that we proceed immediately to block and replace it.
e) Do not include or disseminate on the website any content that infringes intellectual property rights, industrial or business secrets of others.
f) Do not make advertising or commercial exploitation through the website, and not to use the content and information contained on the website to send advertising, or send messages with any other commercial purpose, nor collect or store personal data third.
The user and the client agree that the failure or not acceptance of the General Conditions shall constitute ANTONI PONS S.A., the right to refuse or remove without notice, the user or customer access the website and the exercise any term in law.
5. The order. Promotional offers and Prices.
To place order at www.tonipons.com the customer needs to connect to and register as a customer by completing the electronic form that appears at any time in the store and following the instructions therein. Upon registration you must add the product you wish to cart, according to the guidance given on screen and completing form provided and validating it.
Promotions and offers presented on the website are valid exclusively for online orders made in www.tonipons.com, and may not reflect current prices and offers in our TONI PONS stores in Spain as well as other suppliers of their products.
All prices shown in www.tonipons.com include VAT. These prices do not include the cost of sending the products, which are listed separately, as provided below. The client agrees to pay shipping costs. The consumer may carry customs costs, Toni Pons is not responsible of the duty fees nor the additional costs in the country of destination.
The validation of the order by the customer expressly assumes the knowledge and acceptance of these General Conditions as part of the contract. Unless proved otherwise, the data stored by ANTONI PONS S.A. constitute proof of all transactions between ANTONI PONS S.A. and their customers. ANTONI PONS S.A. archived electronic document making the agreement accessible.
Once the purchase is done, normally before 24 hours after the execution, ANTONI PONS S.A. shall be provided to the customer an e-mail proof of purchase.
6. Product Availability
The selection of products offered in www.tonipons.com is valid while the product is visible on the website, within the limits of available stock. All orders are subject to their availability. If difficulties arise in terms of supply or stock, we can offer substitutes of equal or different prices, but if you do not want change, we will refund any amount that could have paid.
We reserve the right to remove any product from this website at any time.
Shipping charges are not included in the prices provided in the website and are displayed before finishing the order, according to the shipping address for each order. Relevant shipping costs will be paid by the customer. The consumer may carry customs costs, Toni Pons is not responsible of the duty fees nor the additional costs in the country of destination. Free Shipping in the USA.
Payments at www.tonipons.com are made by credit or debit card (Visa, Mastercard, Visa Electron and/or other similar cards) through ADYEN.
The client must inform ANTONI PONS S.A. of any undue or fraudulent charge on the credit or debit card, sending an e-mail to email@example.com by providing a contact telephone number, so that the pertinent procedures and checks can be carried out.
ANTONI PONS S.A. reserves the right to refuse any operation carried out by credit card. In this case we will proceed to refund the cash on the original card.
Payments by PayPal are safe. PayPal uploads your financial information and protects it with the top security and fraud-prevention systems on the market. Your financial details are never shared with the merchant. PayPal is fast and simple: you won´t need to introduce the details of your card or bank account to make payments. You only need an e-mail address and password. PayPal is flexible: you choose how to pay - with a debit card, a credit card or a transfer from your bank account. You can also use Paypal without being registered with them. Just choose Paypal as the payment method and follow their instructions. This can be useful if your credit card is not accepted in our shop.
9. Ways of delivery and timing.
The goods are shipped to the shipping address indicated. Do not ship to PO boxes, so we need the exact address of delivery.
The customer agrees to permit the delivery by providing a delivery address where it can be delivered within the usual time of delivery of goods. In case of default by the client ANTONI PONS S.A. shall have no responsibility for the delay or inability to deliver your order.
The maximum time limit for delivery of statutory order is thirty (30) days. However, the normal delivery of ANTONI PONS S.A. is 3-10 working days from the date of order. Should there be any problem on our part to prevent sending the package within that period, we will contact you for more information.
10. Returns & Exchanges
Legal guarantee of conformity
Reminder of the existence of a legal guarantee of conformity for the goods, in accordance with article 97.1.m, in relation to articles 115 and following of RDLEG 1/2007.
Once you receive your purchase from www.tonipons.com, whether you are not satisfied, you can communicate us within the next 15 days, from the reception date, that you want a return, and then within 14 natural days since the communication, you must send us the product. To make an exchange you must make a return and place a new order for the product you want to receive.
See the section 10.2 from our general conditions, to know how to place a return request.
In the box you'll find a Toni Pons Return paper and a UPS return label to return the product.
If not satisfied, you can return your purchases in www.tonipons.com in our own shop online. However, the products purchased in a physical store cannot be returned in our online store.
To proceed with the return, you must consider the following conditions:
On one hand, that the packaging will be charged if the product is returned without it. On the other hand, that the consumer is responsible for the deterioration or wear of the good resulting from a manipulation different from that necessary to establish its nature, its characteristics or its operation.
Please send the article as well as instructions, documentation of the return to identify it correctly. Free returns and devolutions.
If you want to cancel your purchase and return the order placed, ANTONI PONS S.A. will refund the purchase amount and shipping costs, in the same form of payment used in the purchase.
In case that at the time of delivery of an order a client detects a problem (broken packaging, missing products, product defects or damaged or wrong) should contact us through our contact form or email explaining the damage as soon as possible. Please note that all product shipped is carefully reviewed to avoid these situations.
The consumer and user should inform the seller of the non-conformity within two months. We will examine the returned product and will inform you by e-mail within a reasonable time whether to proceed to refund or replacement thereof.
The refund or replacement item shall be made as soon as possible. You will receive a new product free of defects at no extra charge. In this case the change will always be for the same item or reference. ANTONI PONS S.A. will be responsible for the costs of the new shipment.
If you have any questions, please contact us through our contact form or email.
11. Repayment of paid amounts
Reimbursement will be made in the same way as used in the order. ANTONI PONS S.A. goods will not be sent or money refund until it has verified the receipt and status of packaging and accessories of the articles to exchange. The money to be refunded is the originally contained in the order. Once verified the correct state of the returned product, ANTONI PONS S.A. will proceed to the payment within 30 days.
12. Privacy and data protection
In compliance with the Ley Orgánica 15/1999, from December 13th of Personal Data Protection (LOPD) and with the Real Decreto 1720/2007, from December 21st, known as the Reglamento de desarrollo de la LOPD and with the requests from the Reglamento (UE) 2016/679 of the Euopean Parliament and of the Consejo from April 27th, 2016 related to physical persons protection (RGPD), as well as with the Ley 34/2002, from July 11th from Servicios de la Sociedad de la Información y Comercio Electrónico (LSSICE or LSSI), we inform you:
If you provide us your personal data through our website (for example, filling in the contact form, subscribing to our Newsletter, placing orders on our e-shop, or registering as a user), they will be integrated to a file, whose owner is Antoni Pons, S.A., being the titular the responsible of the personal data processing.
We only obtain your data through our data forms (contact form, Newsletter subscription, user accounts or orders placed on our e-commerce), in which we indicate what are the mandatory fields. If you do not fill in these mandatory fields, it will not be possible to process your request (to send us your query, sign-in as suscriptor, create an account or place an order).
Your personal data will be exclusively processed with the following purposes: To answer your queries or information requests. To send you our Newsletter, in case you subscribed to it. To process your online orders. To interact with you in the Social Media: we use Facebook Ads, which allows us to create advertisements and marketing campaigns, segmenting the public by location, demographic data (age and sex), interests, recent purchases…
In no case we will transfer your personal data to other companies without your express consent, informed and unequivocal.
Data of your credit card is entered directly into a secure website of the bank that manages the payment, ensuring greater certainty and confidence.
We have adopted the technical and organizing measures required to ensure the security and integrity of your personal data and to avoid its lost, alteration and/or access by non-authorised third-parties.
If you have exercised your data portability rights, you will have the right to ask for the direct transmission of your data from responsible to responsible as soon as it would be technically possible.
If you are subscribed to our Newsletter and you want to stop receiving it, you can indicate it in different ways: by clicking the link “unsubscribe” that you will find on the footer of our emails, or by sending an email to firstname.lastname@example.org solicitating it.
The data processing by Antoni Pons, S.A. is legitimated with your consent, which has been agreed by the moment you provided your data and it will be ruled by the principles of legality, loyalty and transparency, minimization of data, limitation of the conservation period, integrity principle and confidentiality.
The given consent, for the data processing as well as for the data transfer, is revocable at any moment, by communicating it to Antoni Pons, S.A. within the terms established in this Policy regarding the rights exercise by the personal data owner. This revocation will not have in any case a retroactive nature. Furthermore, you have the right to present a reclamation to the Agencia Española de Protección de datos.
13. Intellectual property
All content published on the website and, in particular, designs, text, logos and other artwork, as well as software, trade names, trademarks or industrial designs and any other signs that may be covered by legal protection intellectual property rights and industrial ANTONI PONS S.A. or third-holders who have duly authorized their inclusion on the website.
In any case, it is understood that ANTONI PONS S.A. grant any license or renounce, transmission, transfer all or part of such rights or confer any right or expectation of rights, in particular, alteration, exploitation, reproduction, distribution or public communication of the contents without the express permission of ANTONI PONS S.A. or of the relevant owners. It prevents him no use this site safe for the purposes necessary for copying of information about your order or contacts.
The inclusion of hyperlinks (links) to websites that are not property of ANTONI PONS S.A. do not mean in any case the existence of trade or commercial relations with the owner of the website which includes a link, or the acceptance by ANTONI PONS S.A. of its contents or services.
14. Written Notifications
By using this site, you agree with most of electronic communications or information. Notifications should be sent preferably by our contact form or email.
It is understood that the notifications have been received 24 hours after being sent an email. If you do not receive them please contact us via the contact form or email.
15. Independence and integration of clauses
The illegality, invalidity or ineffectiveness of any provision contained in these Terms shall not affect the efficiency of the rest, provided that the rights and dues of the parties would not be affected in an essential way. These terms must be replaced or integrated with others, being in conformity with the law, motivated by the aim of replacing.
16. Applicable law
The purchases made in www.tonipons.com are subject to Spanish law.
In case of any conflict or discrepancy in the interpretation or application of these contract terms, the Courts, in case, will be able to use the legal rules.
In case that the Purchaser lives outside Spain, or in case of a sale made by a company, both parties hereby expressly waive any other jurisdiction, and accept the Courts of Barcelona (Spain).