Preface

These General Terms and Conditions (hereinafter “Terms”) apply in conjunction with the Buyer Terms and the Vendor Terms, regarding the Buyers and the Vendors respectively.

The Terms apply to all sales of Products made through the Service between the Vendor and the Buyer. They are intended to govern the relationship between the Vendors and the Buyers of Products, excluding those established between the Buyers and ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) or between the Vendors and ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW). The relationships between the Buyers and ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) are governed by the Buyer Terms. The relationships between the Vendors and ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) are governed by the Vendor Terms.

ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) is not the vendor of Products purchased through the Service; only the Vendor, whose name is indicated on the description of each Product, is the contractual party to the Buyer for the purchase of those Products. Products may not be returned to or exchanged by ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW).

1- Conclusion of the sales contract between the Buyer and the Vendor

1) The Products are presented on the site with a description enabling the Buyer to know their essential characteristics and price.

2) The Buyer selects the Product(s) he wishes to purchase.

3) The Buyer has the possibility to share the Product(s) on social networks (Facebook, Twitter or Google plus) to unlock a 5% discount visible through a discount coupon.

4) He confirms his choice of Product(s) and acknowledges and accepts the Terms herein by checking a box during the checkout process. The acceptance of the Terms means the acceptance of the MANGOPAY Terms & use, available here: MANGOPAY TERMS & USE.

5) The Buyer receives an email confirmation that states that the order has been accepted. However, the sale contract between the Buyer and the Vendor shall be subject to the condition that the Product is available.

6) The Vendor is informed by ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) each time an Product he posted was subject of an order.

7) The Vendor agrees to confirm and/or deny the availability of Product(s) ordered by the Buyer within 2 days of receipt of the information referred to in paragraph 6).

In the event that the same product has been ordered by several buyers at once, and depending on the availability of this Product, it will be sold to the first Buyer that submitted his order. The order will be invalidated for the other Buyers.

8) Once the availability of the Product(s) is confirmed or denied by the Vendor, an email is sent by to the Buyer to inform him.

9) In the event of confirmation of availability of the Product(s) by the Vendor, the condition subsequent tied to the sales contract between the Buyer and the Vendor is lifted; the Vendor agrees to deliver the Products within the period specified.

In the absence of confirmation of availability of the Product(s) within the period referred to in point 7), the contract between the Buyer and the Vendor is automatically terminated and both parties shall be released from its requirements. In particular, the Buyer is assured that his bank account will not be charged.

However, only the contract for the sale of unavailable Products falls within this resolution.

9) In the event of confirmation of the availability of all or some of the Products ordered by the Buyer, the Products are shipped by the Vendor.

2- Price and payment

The purchase price of the Product is determined by the Vendor, in agreement with ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW). It is stated in Euros on the description, incl. tax, but excluding shipping costs that will be specified during the shopping cart confirmation. If customs duties, local taxes or import duties are payable, these rights are the responsibility of the Buyer and under its full responsibility, both in terms of returns and payments to the authorities / competent bodies. It is responsible to check with the relevant authorities.

Payment of purchases made through the Service may be made by credit card or Paypal to ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) who collects the corresponding amount on behalf of the Vendor and for his account.

The Buyer will be charged the price for the Product purchased plus delivery charges once the Vendor has confirmed the availability of said Product. In the event of unavailability of the Product, the Buyer will not be charged, and the payment will be canceled.

3- Security of payments

ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) has chosen powerful and strict tools in terms of securing payment methods. ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) has adopted the SSL (Secure Socket Layer) and 3D Secure encryption method, currently the most efficient security systems, and establishing an encrypted connection directly between the Buyer and the bank.

Although ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) uses encrypted security software, the security of information and payments transmitted via the Internet or e-mail cannot be guaranteed. ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) cannot be held liable for damages resulting from the use of electronic means of communication, including (but not limited to) damages resulting from failure or delay in the transmission of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications, and transmission of viruses.

4- Shipping and fees

Shipping costs depend on each Vendor’s terms. Shipping costs are notified in the Product’s information sheet on Pick & Pow.

The Product shall be delivered to the address provided by the Buyer during his order. In this case, the Vendor, provided that he has confirmed the availability of the Product, is in charge of packing the Product and making it available to a carrier. Transportation costs will be accepted by the Buyer when confirming his shopping cart.

The Vendor agrees to make the Product ordered available to the carrier in the time indicated on the Product’s form from the date of confirmation of availability of the Product ordered; the Vendor makes a firm commitment to make the Product available to the carrier within the period specified. Products are delivered to the address specified by the Buyer when placing his order and should be delivered no later than 2 business days after confirmation that the Product has been made available to the carrier by the Vendor, the period varying depending on the carrier chosen. It is the sole responsibility of the Buyer to ensure that the information he gives to ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) for this purpose is and shall remain correct and that they will unable him to receive the Product that he bought on the Site.

In that case Products are transported at the Vendor’s risk.

5- Right of cancellation

In accordance with the relevant legal provisions, in the context of a purchase from a professional Vendor established within the European Economic Area (member countries of the European Union as well as Iceland, Norway and Liechtenstein), the Buyer, if he is a citizen of said Area himself, has a period of 14 days from the receipt of the Product(s) he ordered to exercise, in relation with the said Vendor, his right of withdrawal, without having to justify his reasons or to pay a penalty.

For any purchase made from a Vendor that is not a member of the European Economic Area or if the Buyer is not a national of this area himself, this right of withdrawal is not applicable.

The buyer exercises his right of withdrawal directly from ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW), by sending an email to the address contact@pickandpow.com. ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW) will then notify the Vendor by email. The Vendor is then personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. The Vendor will make all possible efforts to resolve the dispute with the Buyer amicably.

In case the right of withdrawal is exercised in the aforementioned time frame, only the price of the Product(s) purchased and the shipping costs will be reimbursed by ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW), whereas the return costs will remain the responsibility of the Buyer.

The Product must be returned in perfect condition, in its original packaging and shipped in conditions identical to those of the sending. The return costs will be borne in full by the Buyer.

6- Litigation – Disputes

Vendor undertakes to deliver a quality service to Buyers.

In this regard, any Buyer has the ability to report, by emailing ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) at the address contact@pickandpow.com, within 21 days from the receipt of any Product, any claim concerning the Products ordered, following the hereafter criteria:

– Product not received: the Product has not been received by the Buyer

– Non-compliant Product: the received Product does not correspond to the ordered Product

– Damaged Product: the received Product is damaged or broken.

In the case of a complaint from a Buyer regarding a Product, once the Vendor is informed of the said claim by email to ALEXANDER CHACON DAVILA  (Commercial name : PICK & POW), the Vendor will be personally responsible of the resolution of the dispute with the Buyer. Disputes are directly ruled between the Buyer and the Vendor. Vendor will make all the efforts necessary to resolve the dispute with the Buyer amicably.

Depending on the case, the declared dispute will result either in the return of the Product and the reimbursement of the Buyer by the Seller or only in the reimbursement, total or partial, of the Buyer.

In case of return of the Product by the Buyer, the Seller will reimburse the Buyer the price of the Product, the shipping cost, and the return cost.

The Seller will organize the return, if applicable.

7- Privacy Policy

As a complement to Article 5 of the Buyer Terms and Article 5 of the Vendor Terms, the Buyer and Vendor are advised that all data collected through the Service when placing orders is processed by ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) for processing purposes of the orders.

The Buyer’s information and data relating to the delivery are transmitted by ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) to the Vendors for the sole purpose of enabling them to ship the ordered Products. They cannot, under any circumstances, be used for other purposes.

The Vendors agree to ensure the security of personal data they retain for the purposes of carrying out and tracking orders.

In case of difficulty regarding the processing of those data, the Buyer and the Vendor may contact ALEXANDER CHACON DAVILA (Commercial name : PICK & POW) directly, under the conditions set in the Buyer Terms or in the Vendor Terms.

8- Partial nullity

If one or more provisions of these Terms are held to be invalid or declared as such under any law, regulation, or final decision of a competent court, other provisions shall remain in full force and scope.

9- Applicable law

These terms of use are subject to Spanish law. Any dispute concerning their interpretation and/or execution shall be relieved by the Spanish courts.