Terms and Conditions

 

1.- PRELIMINARY PROVISIONS

The service provider is CAPLAND ILURO S.L (from now, CAPLAND ILURO) domiciled at CAMI CA LA MADRONA 24 1º1º, 08304, MATARO (BARCELONA) with telephone number 931713825 and email INFO@FUNNYKIDDY.COM, with CIF B67219055.

This document regulates the conditions that govern the acquisition of the products offered by FUNNYKIDDY through this website.

In addition to reading these Conditions, before accessing, browsing and / or using this website, the user must read the Legal Notice, the Privacy Policy and the Cookies Policy. By using this website, by making and / or requesting the purchase of products through it, the user agrees to be bound by these conditions and by all the aforementioned, so if you do not agree with all of this, you should not use this website.

FUNNKIDDY reserves the right to modify these purchase conditions without prior notice, being able to change, delete or add both the content and products offered through it, as well as the way in which they are presented or located on its servers. The user is responsible for consulting these conditions each time they access and / or browse this website since those that are in force at the time the purchase of products is requested will be applicable. You can always consult and print the updated version by clicking on the link «Purchase conditions».

Orders can only be made to purchase non-resale products. Any resale or distribution of the products purchased through the website is strictly prohibited.

We reserve the right to be able to cancel fraudulent, false or speculative orders, as well as those orders that have been requested by a client with whom there may be a controversial difference in previous orders, or when there are reasonable doubts that may make us think that the client is violating any of the specified purchase conditions or is participating in any criminal activity.

2.- COMMON CONDITIONS AND APPLICABLE LEGISLATION

These general Conditions (hereinafter “Conditions”) are governed, among other provisions, by the provisions of Book II of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws and, in particular, by Title III of Book II “Contracts concluded at a distance and outside of a commercial establishment” as well as by other regulations applicable to electronic commerce (Law 34/2002 of July 11, Services of the Information Society and Electronic Commerce). Before sending the purchase order, it is recommended that you carefully read these Conditions, print them or save them in order to file them and expressly accept them by clicking on the corresponding box that you will find in the purchase process.

This contract will enter into force and will take full effect from the moment the client or user accepts it.

 

This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website, can be stored, filed and reproduced by the usual electronic or computerized means.

3.- USER OBLIGATIONS

The access, navigation and use of the website, confers the condition of user, for which they accept, from the beginning of the navigation, all the Conditions established here.

By placing an order, the user guarantees that they are over 18 years of age and that they have the legal capacity to enter into binding contracts.

As a user, you are obliged to communicate to FunnyKiddy all the data necessary to access and use the services of this website. These must be truthful, lawful and current, likewise, you agree that we may use them to contact you if necessary.

It is essential that you provide all the information that we classify as mandatory, since otherwise we will not be able to process your order. We will not be responsible in any case for possible delays or failures in delivery as a result of the error or omission of this data.

The user must make appropriate use of the services included in the website, always in accordance with the legal system and will not carry out any activity that hinders or interferes with its operation.

The website is mainly aimed at users residing in Spain. FunnyKiddy does not ensure that the website complies with the laws of other countries, either totally or partially, FunnyKiddy declines any responsibility that may arise from such access.

The user may formalize with FunnyKiddy the contract for the sale of the desired products in Spanish.

4.- SECURITY MEASURES

We establish all reasonable mechanisms at our disposal to ensure that your personal data is kept securely at all times. However, you agree that no data transmission over the Internet can be guaranteed as secure against access by unauthorized recipients and you cannot hold us responsible for any security breach except due to our negligence.

Likewise, you must adopt the necessary security measures, both personal and material, to maintain the confidentiality of your username and password and immediately notify us of the loss, misplacement, theft, theft or illegitimate access to your username and password, as well as as its knowledge by third parties.

5.- CONDITIONS APPLICABLE TO THE ORDERS

All the products offered on this website are sold directly by CAPLAND ILURO SL with CIF B67219055 and address at CAMI CA LA MADRONA 24 1º1º, 08304, MATARO (BARCELONA).

5.1.- Purchase procedure

The user can navigate the website until he finds the desired article. Once located, by clicking on it you will access all the information and details about the product. You can add the product to the cart by clicking the “Add to cart” button. You can continue browsing, select more products and add them to the basket, or go to the final purchase area by clicking on the image of the basket where the selected products are indicated.

Once in the shopping cart, you will be able to view the list of products you have selected, detailing the unit price, the quantity and the total price for each item. In this section, discount coupons may be applied if you have them, you must indicate the discount code and click on “OK”. In the detail of the shopping cart you can see the total price to pay including the corresponding taxes, shipping costs and the discount applied through the discount coupon.

The moment you have selected and included all the desired products in the basket, and you want to proceed to finalize the purchase, you must click on “Go to the checkout”. If you are placing an order with us for the first time, you will be asked to enter your information in the “Register” form, you must select the shipping method and the payment method, accept the purchase conditions of the website and the privacy policy , and finally, you can make the payment using the chosen method. In the event that this is a credit card, you will use the payment gateway enabled by FunnyKiddy and managed through your bank. You must enter the card number, expiration date and security code and click on pay. The user guarantees and is responsible that all the data provided on her card are valid. In the event that the chosen method is PayPal, you will be directed to the PayPal payment gateway.

In the case of a registered user with an active account, you must enter your username or email and password and the system will recognize your data. Once you are in your account you can continue your purchase and finally confirm the order.

Next, the user will receive an email confirming that FunnyKiddy has received their order, this will be the order confirmation. Also, you will be informed by email when your purchase is being shipped.

The user acknowledges being up-to-date, at the time of purchase, of certain particular conditions of purchase of the products and that are shown next to the presentation and image of each product on the website, indicating, by way of example, but not exhaustive , and according to each case: name, price, components, weight, quantity, color, details or characteristics; and acknowledges that the completion of the purchase order materializes the full and complete acceptance of the particular purchase conditions applicable to each case.

5.2.- Coverage of the offer

The physical delivery area for these items will be within the following territory: mainland Spain, Europe. We also ship to countries outside the European Union.

No shipments are made to the Balearic Islands, the Canary Islands, Ceuta and Melilla.

5.3.- Availability

All orders are subject to the availability of the products and / or to the fact that no circumstance or force majeure affects their supply. If there are difficulties in the supply of the products or there are no products in stock, FunnyKiddy undertakes to contact the user and reimburse any amount that may have been paid as an amount.

It is not possible to provide more precise information on the availability of a product, beyond that shown on the product information page or in other sections of the website. When the order is processed, you will be informed as soon as possible by email if any of the products included in the order are not available. In this case, no amount would be charged for said product.

5.4.- Prices, payment method and security

The prices included in the articles are the final prices, in Euros (€) and include applicable taxes (VAT). The applicable rate will be the one legally in force at all times.

Prices may change at any time, but possible changes will not affect orders or purchases for which the user has already received an order confirmation.

Shipping costs are not included in the final prices of the products, as shown on the website. In no case FunnyKiddy will add additional costs to the price of a product automatically, but only those that the user has selected and chosen voluntarily and freely.

The accepted means of payment are the following:

Credit and debit card: Through the payment gateway enabled by FunnyKiddy and managed through your bank. You will need to enter the card number, expiration date and security code CW2. The User guarantees and is responsible that all the data provided on her card are valid. These data will not be stored or manipulated by FunnyKiddy, but will be registered directly in the payment gateway of the corresponding financial institution. For greater security, we will use a Secure Electronic Commerce Authentication Service, a system established by Visa MasterCard / Eurocard, whereby the client authenticates herself with her issuing bank and the merchant authenticates herself with her acquiring bank.

PayPal: The user will be directed to the PayPal website, where they can make the payment quickly and safely, without sharing financial information with FunnyKiddy.

FunnyKiddy uses all means to guarantee the confidentiality and security of the payment data transmitted by the user during transactions through the website.

5.5.- Contract with FUNNY KIDDY and acceptance of orders

The order will not be accepted until the amount has been charged to your account. After confirming the purchase, you will receive an e-mail as an acknowledgment of receipt, but this does not imply that the order has been accepted, since they will be subject to our subsequent verification and acceptance.

We will confirm the acceptance of the order in an e-mail in which we will inform you that the order is being processed. Only then will the contract between you and us be formalized, and only for the items listed in said shipping confirmation.

5.6.- Confirmation and cancellation of orders

Prior to the completion of the order on your part on the website, you will be able to review all the details associated with it (amounts broken down in all the necessary headings – taxes, transport costs, selection of items, etc.), being able to correct it. that you consider necessary.

After confirmation, it will not be possible to modify or cancel the order through the website, you must contact FunnyKiddy through the forms provided for this on the website or through the contact information indicated in these conditions. In this case, the order can only be modified or canceled if the item has not entered the dispatch phase from our warehouses.

5.7.- Currency and taxes.

In accordance with current legislation, all purchases from our website will be subject to VAT. The applicable rate will be the one legally in force at all times.

All prices are shown in euros (€) and dollars ($) and must be considered as the final price to be paid by the customer (including VAT or not, depending on the territory of delivery). In shipments to the Canary Islands, the customer upon receiving the product will bear the customs clearance costs, as well as the payment of local tax, IGIC or similar. Users in the Canary Islands will be able to access the prices of the products without VAT, once they have registered on the website indicating a shipping address in the Canary Islands.

 5.8.- Deliveries: types, deadlines and problems

The physical delivery of the acquired goods will take place within the following territory: mainland Spain, Canary Islands, Balearic Islands, Ceuta, Melilla, Europe and the rest of the world.

The physical delivery of the purchased goods will be made to the shipping address that appears in your order request. Home delivery of orders will be carried out by a logistics operator within normal business hours.

Except for those cases in which there are unforeseen or extraordinary circumstances, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the period indicated on the website according to the shipping method selected by the user and, in any case , within a maximum period of 30 calendar days from the date of order confirmation.

If for any reason, which was attributable to it, FunnyKiddy, could not meet the delivery date, it will contact the user to inform him of this circumstance and, he may choose to proceed with the purchase by setting a new delivery date or cancel the order with full refund of the price paid. In any case, home deliveries are made on working days.

The carrier will send an SMS and / or email to the user to inform him of the approximate day and time of delivery. If it is impossible to deliver the order due to the absence of the user, the order could be returned to the warehouse. However, the carrier would leave a notice indicating the place where the order is located and how to proceed to have it delivered again.

If the user is not going to be at the place of delivery in the agreed time slot, they must contact FunnyKiddy to arrange delivery another day.

In the event that 30 days have elapsed since your order is available for delivery, and it has not been delivered for reasons not attributable to FunnyKiddy, FunnyKiddy will understand that the user wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the user will be returned, except for the additional costs resulting from the user’s own choice of a delivery method other than the less expensive mode of ordinary delivery offered by the website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date the contract is considered terminated.

However, the user must bear in mind that the transport derived from the resolution may have an additional cost that may be passed on.

It will be understood that the delivery has occurred at the moment in which the user or a third party indicated by the user, other than the carrier, acquires material possession of the products, which will be accredited by signing the receipt of the order at the address of agreed delivery.

The risks that the products may derive will be borne by the user from the moment of delivery. The user acquires ownership of the products when FunnyKiddy receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if it takes place in a moment after the full receipt of the amount to be paid by FunnyKiddy.

In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery will be understood to be located in the territory of application of Spanish VAT if the delivery address is in Spanish territory except the Canary Islands, Ceuta and Melilla.

The usual delivery time is 3-4 working days for mainland Spain, the Canary Islands, the Balearic Islands, Ceuta and Melilla, and 4-6 working days for the rest of the world. This period may increase in periods of sales, Christmas campaigns or in case of customs procedures or other circumstances derived from (for information only) geographical distance, weather conditions, wars, strikes, any form of government intervention, breaches of our suppliers , etc. as well as any other attributable to the logistics operator in charge of delivering the product. We are not responsible for any delays that may arise for any of the reasons mentioned above.

If at the time of delivery the order packaging is damaged, you must open the package in the presence of the logistics operator to check the status of the items. If damages are observed, you must detail them on the delivery note and get in touch.

We will repair or replace at no cost to you all those items that have been damaged or lost during transport, as long as you notify us of this incident as soon as possible.

Once the order is delivered, it will become part of your property and, therefore, all damages that may occur will be your responsibility.

Shipping prices and delivery times:

Destination

Delivery Time*

Shipping Prices**

Spain (peninsular)

2-3 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

Balearics

4-5 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

Canary Islands

4-5 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

Ceuta and Melilla

4-5 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

Europe

5-10 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

Internacional (in and out of UE)

 5-10 working days

Free shipping on orders over € 200. For lower amount orders, shipping costs according to logistics operator rates.

* Delivery times may vary due to circumstances beyond CAPLAND ILUSO SL. In any case, delivery will take place within a maximum period of 30 calendar days.

** The shipping rates reflected may change in the future.

5.9.- Technical means to correct errors

In the event of errors in the introduction of the data necessary to process the purchase request on the website, the user may modify them by contacting FunnyKiddy through the contact spaces provided on the website, and , where appropriate, through those authorized to contact customer service, and / or using the contact information.

In any case, before clicking on “Place order”, the user has access to the cart where their purchase requests are registered and can make modifications.

Likewise, the user can consult the Legal Notice and / or the Privacy Policy of this website and thus obtain more information on how to exercise their right of rectification in accordance with the provisions of Regulation (EU) 2016/679 regarding the treatment of personal data (RGPD).

5.10.- Return, exchange and refund policy

The user, as consumer and user, makes a purchase at CAPLAND ILURO SL. If you are not satisfied with any of the products in your order, you have the right to withdraw from said purchase and request a return.

To communicate your total or partial withdrawal from the purchase of the Product, in accordance with the applicable legislation, you have a maximum period of 14 calendar days from the day on which the User or a third party authorized by him, other than the carrier, acquired material possession of the goods purchased on the FunnyKiddy website. In the event that the goods that make up your order are delivered separately, you have a maximum period of 14 calendar days from the day that the User or a third party authorized by the latter, other than the carrier, acquired material possession of the latter. of the goods that made up the same purchase order. The return made in time will not entail any penalty. However, the Customer must bear the shipping costs.

To exercise this right of withdrawal, the User must notify FunnyKiddy of their decision, through the contact spaces provided on the website or through INFO@FUNNYKIDDY.COM

The User, regardless of the means they choose to communicate their decision, must express clearly and unequivocally that it is their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that FunnyKiddy makes available to them, however, its use is not mandatory. To meet the withdrawal period, it is sufficient that the communication of the decision to withdraw is sent before the corresponding period expires.

In case of withdrawal, FunnyKiddy will reimburse the user for all payments received, including shipping costs (with the exception of the additional costs chosen by the user for the shipping method other than the less expensive mode offered on the website), without no undue delay and, in any case, no later than 14 calendar days from the date FunnyKiddy is informed of the User’s decision to withdraw.

FunnyKiddy will make the refund to the user using the same payment method that the user used to carry out the initial purchase transaction. This refund will not generate any additional cost to the user. FunnyKiddy could retain said refund until the products of the purchase have been received, or until the user presents proof of the return of the same, depending on which condition is met first.

The user can return or send the products to FunnyKiddy:

CAPLAND ILURO SL

CAMI CA LA MADRONA 24 1º1º, 08304, MATARO (BARCELONA).

The user must return or send the products without any undue delay and, in any case, no later than 14 calendar days from the date on which

FunnyKiddy was informed of the withdrawal decision.

The user acknowledges that they must bear the direct cost of return (transport, delivery) of the goods, if any were incurred. In addition, it will be responsible for the decrease in the value of the products, resulting from a handling other than that necessary to establish the nature, characteristics and operation of the goods.

Products must be returned using or including all their original packaging, instructions and other documents that accompany them, as well as a copy of the purchase invoice.

The right of withdrawal does not apply to the delivery of:

  •   Products that do not allow their return due to hygienic or health protection reasons, if they have been unsealed after delivery, or that were, after delivery, inseparably mixed with other products;
  •   Products that can deteriorate or expire quickly;
  •   Sealed sound or video recordings or sealed software, if you have unsealed them after delivery;
  •   Goods made according to your specifications or clearly personalized;
  •   Digital content that would not have been delivered on a material medium if they had consented to the execution at the time of delivery and without the withdrawal being possible from that moment
  •   Daily press, periodicals or magazines with the exception of subscription contracts; 
  •   Alcoholic beverages whose price has been agreed at the time the order is placed and that cannot be delivered within 30 days, and whose real value depends on fluctuations in the market that FUNNY KIDDY cannot control.

In any case, no refund will be made if the product has been used beyond the mere opening of it, for products that are not in the same condition in which they were delivered or that have suffered any damage after delivery.

5.11.- Return of defective products or error in shipping.

These are all those cases in which the user considers that, at the time of delivery, the product does not conform to the provisions of the contract or purchase order, and that, therefore, they should contact FunnyKiddy immediately and let you know the existing disagreement (defect / error) by the same means or using the contact details provided in the previous section.

FunnyKiddy will inform you on how to proceed with the return of the products, and these, once returned, will be examined and the user will be informed, within a reasonable period, if applicable, the refund or, where appropriate, the replacement thereof.

The amount paid for those products that are returned due to a defect, when it actually exists, will be fully reimbursed, including delivery costs and costs that the user may have incurred to make the return. The refund will be made by the same means of payment that the user used to pay for the purchase.

5.12.- Product warranty

The user, as a consumer, enjoys guarantees on the products that can be purchased through this website, under the legally established terms for each type of product. The legal guarantee period is established in 2 years from the date that appears on the purchase invoice, or on the delivery note if the delivery is later.

In this way, it is understood that the products are in accordance with the contract provided that: they conform to the description made by FunnyKiddy and possess the qualities presented therein, are suitable for the uses to which products of the same type are ordinarily intended; and present the usual quality and benefits of a product of the same type and that are fundamentally expected from it. When this is not the case with respect to the products delivered to the user, the user must proceed as indicated in the section Return of defective products or error in shipping.

The warranty period is two years, although it does not include deficiencies caused by negligence, blows, incorrect use or improper handling, etc., or materials that are worn by use. In the event of a defect caused by misuse, the repair will be billable with a prior estimate.

In those incidents that justify the use of the guarantee, the option will be to repair, replace the item, discount or return, in the legally established terms. Changes or returns will be made as long as these two conditions are met:

   Prior communication is given to FunnyKiddy within two months. This step is essential whatever the reason for the return. You can do so by sending an email to INFO@FUNNYKIDDY.COM attaching a copy of the ticket or invoice and order number in the Subject of the email. We will tell you how you can act to return the item.

  The item to be returned must be properly packaged for its return. The packaging must be in perfect condition and keep all its accessories and original instructions in order to be returned.

Failure to comply with the two-month period will not entail the loss of the corresponding right to reorganization, the client being responsible, however, for the damages actually caused by the delay in communication.

Commercial Warranty: Manufacturers may offer additional warranties, the length and duration of which differ between products and brands. In this case, and considering the user that it is a defective product, he also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his legal warranty right directly against them during the two years following the delivery of said products. For this, the user must have kept all the information in relation to the guarantee of the products.

By virtue of Royal Legislative Decree 1/2007, the seller is obliged to deliver to the consumer a good that is in accordance with the contract of sale in the terms that it establishes (article 114), by virtue of which:

The calculation of the guarantee will begin on the same day of purchase, by virtue of the aforementioned article 123 of Royal Legislative Decree 1/2007.

6.- PARTIAL NULLITY

If any part of these conditions of services is contrary to Law and, therefore, invalid, this will not affect the other provisions in accordance with Law. The parties undertake to renegotiate those points of the service conditions that will be void and to incorporate them into the rest of the service conditions.

7.- MODIFICATION OF THE PURCHASE CONDITIONS

 FunnyKiddy reserves the right to modify the general conditions of purchase of the CAPLAND ILURO S.L website without prior notice, being able to change, delete or add both the content and services provided through it and the way in which they appear presented.

These changes must be accepted by the user each time a purchase is made through the web, being subject to the terms and conditions of purchase in force at the time the order is placed, unless, by law or at the request of public authorities, a change must be made to said terms and conditions.

8.- APPLICABLE LAW

This site is located and operates from Spain. All matters relating to this site are governed by Spanish law and are subject to the jurisdiction of the competent Courts and Tribunals of Spain, without the principles of conflict of laws being applicable.

In those cases in which the client does not have the status of consumer or user, or is domiciled outside of Spain, they will submit to the national Courts and Tribunals, expressly waiving any other jurisdiction that may correspond to them.

If the user decides to use or consult this site outside of Spain, he must bear in mind that he does so on his own initiative, and that he is responsible for compliance with the relevant laws.

This contract will enter into force and will take full effect from the moment the client or user accepts it.

This contract, and, therefore, the general conditions that it incorporates, together with the annexes (if any), in addition to being read on this website, can be stored, filed and reproduced by the usual electronic or computerized means.

9.- RESOLUTION OF ONLINE CONFLICTS
 
By virtue of European consumer regulations, companies established in the European Union that enter into contracts for the sale or provision of online services (including those that offer their products via email) and online markets established in the Union , must offer on their websites the link to the online dispute resolution platform, through which claims of contracting made online can be processed:
 
 
The creation and development of the Online Dispute Resolution Platform is provided for in Regulation (EU) 524/2013 of the European Parliament and of the Council, to try to offer an online mechanism for the presentation of disputes between consumers and users established in the Union. European in a simpler, faster and cheaper way than going to court.
 
Therefore, through the platform enabled through the previous link, the user can send their complaints, claims or other types of comments that they wish to make.
 
In addition, FunnyKiddy has official complaint forms available to consumers and users, and can request them through the contact information provided and indicated on the web.