CONDITIONS OF USE AND PURCHASE

  

INFORMATION PRIOR TO THE CONTRACTUAL PROCESS

This website, https://www.wild-pony.com/, is owned by SHOW YOUR MAGIC GROUP S.L. with tax ID (CIF) no. B85772846 and fiscal address at ORELLANA 10, BAJO DERECHA 28004, MADRID, acting commercially under the brand name WILD PONY.

The general contracting terms and conditions govern the distance selling relationship between SHOW YOUR MAGIC GROUP S.L. and the user or customer, in accordance with the legal provisions, particularly the General Contracting Terms and Conditions Act 7/1998, of 13 April, Act 3/2014, of 27 March, which modifies the consolidated text of the General Consumer and User Protection Act, the Personal Data Protection Act 15/1999, of 13 December, the Retail Commerce Regulation Act 7/1996, of 15 January, and the Information Society Services and E-Commerce Act 34/2002, of 11 July.

The purpose of the website is to sell and advertise clothes and accessories.

The duration of the agreement will be linked to the delivery of the product, without prejudice to the right of withdrawal.

As the user or customer, you expressly declare that you are aware of, understand and accept the terms and conditions of use and these general contracting terms and conditions. Similarly, you declare that you are of legal age and have the necessary legal capacity and capacity to act required to access the websites of SHOW YOUR MAGIC GROUP S.L. and to enter into contracts through them.

HOW TO PLACE AN ORDER

To purchase our products you must follow the online purchase procedure and click on "Buy Now".

Once the purchase process has been completed, the customer will receive a confirmation of the order by e-mail. It is essential that during the purchase process the user indicates a valid email address. If within 24 hours from the completion of the order you do not receive the confirmation, please contact SHOW YOUR MAGIC GROUP SL on the customer service telephone number 915552505 or by email eshop@ciafantastica.com.

This website also allows the purchase through the functionality purchase as a guest. In this mode of purchase, only the essential data will be requested in order to process your order.

You will be offered the option of registering as a user in order to track your order or continue as an unregistered user.

It is not necessary to register as a user of the website to make the online purchase. If you do not register you will not have the option to have a private area on our website. In order to register you can access the corresponding section for registration on the website itself. In accordance with the provisions of Law 15/1999 on the Protection of Personal Data, SHOW YOUR MAGIC GROUP SL informs users that personal data collected during the registration process and subsequent purchase, will be entered into a file under its responsibility, in order to process such actions by the user and manage subsequent actions arising from them. Likewise, SHOW YOUR MAGIC GROUP SL informs of the possibility of exercising the rights of access, rectification, cancellation and opposition by writing to the address ORELLANA 10, BAJO DERECHA 28004, MADRID or via email eshop@wild-pony.com.

YOUR DATA AND YOUR VISITS TO THIS WEBSITE

The information or personal data you provide will be processed in accordance with the provisions of the Privacy and Cookies Policy. By using this website, you consent to the processing of such information and data and declare that all the information or data you provide us with is true and accurate.

Unless you inform us to the contrary, we will understand that your data have not been modified, that you undertake to notify us of any variation and that we have your consent to use them in order to be able to maintain the loyalty of the relationship between the parties.

During the purchase process you must identify yourself with the user name and password provided. These data will not be made public. You are responsible for treating confidentially and responsibly the identity and password obtained in the registration as a customer, and may not pass them on to anyone else. You can modify the information registered at any time, in your customer area. In this same section you will have access to a history of your orders, this is only a consultation section but its management is allowed, and the user can delete those records that he/she considers it is not necessary to view.

The customer, on receiving the product at the delivery address provided, will receive an invoice or copy of the order.

PRODUCT AVAILABILITY

All orders are subject to product availability. In the event of difficulties in the supply of products or if items are out of stock, we will refund any amount you may have paid.

DELIVERY

Before authorising the order you must select the method of delivery that best suits your needs. Unless we have agreed otherwise, we will send you the order consisting of the product(s) listed on the Shipping Confirmation without undue delay and at the latest within 30 days from the date of the Order Confirmation.

If for any reason we are unable to meet the delivery date, we will inform you of this circumstance and give you the option of either proceeding with the purchase by setting a new delivery date or cancelling the order with a full refund of the price paid. Please note, however, that we do not deliver to your home on Saturdays or Sundays.

For the purposes of these Conditions, "delivery" or the order shall be deemed to have taken place or to have been "delivered" at the moment when you or a third party indicated by you acquires material possession of the products, which shall be evidenced by the signature of the receipt of the order at the agreed delivery address.

IMPOSSIBILITY OF DELIVERY

If it is impossible for us to deliver your order, we will try to find a safe place to leave your order. If we are unable to find a safe place, your order will be returned to our warehouse.

If the order has not been delivered for reasons not attributable to us, we will contact you and, if thirty (30) days after we have made the item available to you, you have not collected it or you refuse to receive it, it will be considered abandoned. For more information, you can contact us through our Customer Service channels.

OFFER AND VALIDITY

For products on offer, the offer price and its validity will be stated alongside its essential characteristics.

If it is impossible for us to deliver your order, we will try to find a safe place to leave your order. If we are unable to find a safe place, your order will be returned to our warehouse.

In compliance with current regulations, SHOW YOUR MAGIC GROUP S.L. offers information on all its items on sale, their characteristics and prices. However, SHOW YOUR MAGIC GROUP S.L. reserves the right to withdraw, replace or change the products offered through its website simply by changing its content. In this way, the products offered on the website at all times will be governed by the current general contracting terms and conditions in each case. The company will also have the right to cease to offer access to these products at any time without prior warning.

ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

The products sold in our online shop include a photo and their essential characteristics, with the latter being the information obtained from the manufacturer. The colour is identified in the characteristics given.

GUARANTEES

We offer guarantees for all of the products that we sell via this website, in line with the legal terms set for each type of product in order to respond to claims of a product being faulty. We consider that a product is in agreement with the contract if it fits the product description written by us, holds the qualities presented on this website, is suitable for the purposes for which a similar product is usually intended and presents the usual quality and features that can be reasonably expected. To this end, if you were to believe that any of the product(s) were not in agreement with the contract, you should inform us of such, following the procedure outlined in the Returns section, via any of the means of communication available for such. The duration of the guarantees is two years from the date of purchase.

The products we sell, especially handicrafts, may often have the characteristics of the natural materials used in their manufacture. These characteristics, such as variation in sales, texture, knots and colour, should not be considered as defects or flaws. On the contrary, they should be expected and appreciated. We only select products of the highest quality, but natural characteristics are unavoidable and must be accepted as part of the individual appearance of the product.

PRICES

The products sold in our online shop include a photo and their essential characteristics, with the latter being the information obtained from the manufacturer. The colour is identified in the characteristics given.

VIRUS, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by knowingly introducing viruses, trojans, worms, logic bombs or any other technologically harmful or deleterious programs or material onto this website. You will not attempt to gain unauthorised access to this website, the server on which this website is hosted or any server, computer or database connected to our website. You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of offences punishable by the applicable regulations. We will report any such breach to the relevant authorities and will co-operate with them to discover the identity of the attacker. Furthermore, in the event of any breach of this clause, you will immediately cease to be authorised to use this website.

We will not be liable for any loss or damage resulting from a denial-of-service attack, viruses or any other technologically harmful or disruptive programs or materials that may affect your computer equipment, computer equipment, data or materials on account of your use of this website or your downloading of any content from or redirected to this website.

PAYMENT METHODS

The customer may pay the amount of your order by choosing any of the following methods: Visa, Mastercard, Paypal and Bizum.

You can also pay all or part of the price of your purchase with a gift voucher, whose issuer is Wild Pony.

By clicking on "Authorise Payment" you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or voucher card. To minimise the risk of unauthorised access, your credit card details will be encrypted. Credit cards will be subject to checks and authorisations by the credit card issuer, but if the credit card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any contract with you.

Where the amount of a purchase has been fraudulently or improperly charged using the number of a payment card, the cardholder may demand the immediate cancellation of the charge. In such a case, the corresponding debit and credit entries will be made on the accounts of the supplier and the cardholder as soon as possible.

However, if the purchase had actually been made by the cardholder and the demand for refund was not the result of having exercised the right of withdrawal or termination and, therefore, had unduly demanded the cancellation of the corresponding charge, he will be liable to SHOW YOUR MAGIC GROUP SL to compensate the damages caused as a result of such cancellation.

VALUE ADDED TAX AND INVOICING

In accordance with the provisions of article 68 of Law 37/1992, of 28 December 1992, on Value Added Tax, the delivery of the articles shall be understood to be located in the territory where Spanish VAT applies if the delivery address is in Spanish territory, except for the Canary Islands, Ceuta and Melilla. The applicable VAT rate will be that legally in force at any given time depending on the specific article in question.

For orders destined for the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT in accordance with the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and duties in accordance with the regulations in force in each of these territories. You expressly authorise us to issue the invoice in electronic format, although you may at any time indicate your wish to receive a paper invoice, in which case we will issue and send the invoice in this format. You may request this by contacting our customer service department by any of the means made available to you free of charge.

RIGHT OF WITHDRAWAL

You have a period of 14 calendar days, from the day you received your order, to cancel your Compañía Fantástica order.

If you would like to exercise your right to withdrawal, you need to fill out our Withadrawl Form and send it to us at::

Compañía Fantástica

Calle Orellana 10, bajo derecha

Madrid

E-mail: eshop@wild-pony.com

For hygiene purposes, underwear and jewellery will be wrapped or sealed. You will not be able to return such items if the seal or wrapping is broken.

You will have 14 days to return the item(s) once you have informed us of your wish to withdraw.

You will not be charged to return products from within mainland Spain, Italy, Portugal and the Balearic Islands provided that you use our delivery service.:

If you wish to request a free return, please click here

If you prefer to return the item(s) using a different postal or delivery service, you will to pay the delivery fees.

In any case, any items that you wish to return must be unused, in perfect condition and in their original packaging. We therefore ask you to ensure that the package is duly protected and sealed in order to prevent any problems in transit. Once we receive the item(s), we will check their conditions. We will refund the amount paid after checking that all the item(s), components, accessories, promotional gifts and documents are present and in perfect conditions.

We will refund the amount paid using the same payment method that you used unless requested otherwise.

SHOW YOUR MAGIC GROUP SL shall not refund the amount paid until the product or reason for withdrawal has been received or until you submit the return slip, depending on which condition is fulfilled first. If CALENCIA PINAR SL were to take an unreasonable amount of time to carry out the refund, you have the right to claim double the amount paid without prejudice to your right to be compensated for the damage in excess of that amount.

RETURNING A FAULTY PRODUCT

If the product is not in good condition and the causes of this are not attributable to the customer, they will have the right to return the product, notifying SHOW YOUR MAGIC GROUP S.L. of the reason for the return through any of the channels made available in these contracting terms and conditions, and at no cost to the customer. This return due to a fault or the poor condition of the product shall not be considered a right of withdrawal.

SHOW YOUR MAGIC GROUP S.L. agrees to pay the costs of the return and to replace the product with a new one in accordance with the conditions accepted when the sale was made.

If the customer wishes to submit a claim, the offices of SHOW YOUR MAGIC GROUP S.L. are located at ORELLANA 10, BAJO DERECHA 28004, MADRID, or they can do so by email at eshop@wild-ponycom.

LINKS FROM OUR WEBSITE

SHOW YOUR MAGIC GROUP SL is not responsible for the content of the websites that the user can access through the links established on its website and declares that under no circumstances will it examine or exercise any type of control over the content of other websites. Likewise, it does not guarantee the technical availability, accuracy, veracity, validity or legality of sites outside its property which can be accessed through the links. SHOW YOUR MAGIC GROUP SL declares to have taken all necessary measures to avoid any damage to users of its website, which may arise from browsing its website. Consequently, SHOW YOUR MAGIC GROUP SL is not responsible, in any case, of the eventual damages that by the navigation by Internet the user could suffer.

EVENTS BEYOND OUR CONTROL

Force majeure shall include any act, event, default, omission or accident beyond our reasonable control including but not limited to the following: Strikes, civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared), fire, explosion, storm, flood, earthquake, subsidence, epidemic, inability to use trains, ships, aircraft or public and private telecommunications systems.

WAIVER

contract or these Conditions or our failure to exercise any rights or remedies to which we may be entitled under any such contract or these Conditions shall not constitute a waiver or limitation of such rights or remedies or relieve you from any such obligations.

PARTIAL INVALIDITY

If any of these Terms or any provision of a contract is declared null and void by a final decision of a competent authority, the remaining terms and conditions shall remain in full force and effect and shall not be affected by such declaration of nullity.

JURISDICTION

In addition, SHOW YOUR MAGIC GROUP S.L. also reserves the right to pursue the civil or criminal actions it considers appropriate for the improper use of this website and content or for breach of these conditions.

The relationship between the user and the provider will be governed by the current regulations applicable on Spanish territory. Should any dispute arise, the parties may submit them to arbitration or resort to the normal legal system, complying with all regulations concerning jurisdiction and competences in this respect.

OUR RIGHT TO MODIFY THESE CONDITIONS

SHOW YOUR MAGIC GROUP SL reserves the right to make any modifications it deems appropriate, without prior notice, in the General Conditions. Such modifications may be made through their websites, by any means admissible in law and shall be binding during the time they are published on the web and until they are not validly modified by subsequent ones. However, SHOW YOUR MAGIC GROUP SL reserves the right to apply, in certain cases, Special Conditions of Contract in preference to these General Conditions when it deems appropriate, announcing them in a timely manner

USER REGIME AND RESPONSIBILITIES

The navigation, access and use of the website of SHOW YOUR MAGIC GROUP SL confers the condition of user, by which they accept, from browsing the website of SHOW YOUR MAGIC GROUP SL, all the conditions of use established here without prejudice to the application of the corresponding regulations of compulsory legal compliance as appropriate.

The website of SHOW YOUR MAGIC GROUP SL provides a wide range of information, services and data. The user assumes responsibility for the correct use of the website. This responsibility will extend to:

- - The use of the information, services and data offered by SHOW YOUR MAGIC GROUP SL contrary to the provisions of these conditions, the law, morality, good customs or public order, or that in any other way may involve damage to the rights of third parties or the operation of the website.