TERMS AND CONDITIONS
OVERVIEW
This website is operated by Dartbooks. Throughout the site, the terms “we”, “us” and “our” refer to Dartbooks. We offer this website, including all information, tools and services available through it, to you, the user, subject to your acceptance of all the terms, conditions, policies and notices stated here.
By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including additional terms, conditions and policies referenced here or available by hyperlink. These Terms apply to all site users, including browsers, vendors, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by them. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to them.
Any new features or tools added to the current store will also be subject to these Terms. You can review the latest version on this page at any time. We reserve the right to update, change or replace any part by posting updates or changes on our website. You are responsible for checking this page periodically. Continued use of or access to the website after changes are posted constitutes acceptance of those changes.
Our online store is hosted by WIX Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are of that age and have consented to allow any of your minor dependants to use this site.
You may not use our products for any unlawful or unauthorised purpose, nor violate any laws in your jurisdiction when using the Service, including copyright laws. You must not transmit worms, viruses or code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services.
GENERAL CONDITIONS
Dartbooks reserves the right to refuse service to anyone for any reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service, access to the Service or any contact on the website through which the Service is provided, without our express written permission.
The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete or out of date. The material is provided for general information only and should not be relied on as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on this material is at your own risk.
This site may contain historical information, which is necessarily not current and is provided for reference only. We reserve the right to modify the site's content at any time but have no obligation to update any information. You agree that monitoring changes to the site is your responsibility.
CHANGES TO THE SERVICE AND PRICES
Product prices may change without notice. We reserve the right to modify or discontinue the Service, or any part or content of it, at any time without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online. Quantities may be limited and returns or exchanges are subject to our Returns Policy.
We have made every effort to display product colours and images as accurately as possible. We cannot guarantee that your computer monitor will display colours accurately.
We reserve the right, but are not obliged, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right case by case. We also reserve the right to limit quantities of any products or services offered. Product descriptions and prices may change at any time without notice, at our sole discretion. We may discontinue any product at any time. Any offer made on this site is void where prohibited.
We do not warrant that the quality of products, services, information or other material you purchase or obtain will meet your expectations, or that errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order. At our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed through the same customer account, using the same credit card, or using the same billing or shipping address. If we change or cancel an order, we may attempt to notify you using the email address, billing address or telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for every purchase. You agree to update your account and other information promptly, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as necessary.
Please consult our Returns Policy for further details.
THIRD-PARTY APPS AND TOOLS
We may provide access to third-party tools that we neither monitor nor control and over which we have no input. You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We will have no liability arising from or relating to your use of optional third-party tools.
Any use of these optional tools is at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the relevant third-party providers supply them.
We may also offer new services or features through the website in future, including new tools and resources. These will also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available through our Service may include third-party materials. Third-party links may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and do not warrant, or accept liability for, third-party materials, websites, products or services.
We are not liable for harm or damage related to the purchase or use of goods, services, resources or content, or other transactions involving third-party websites. Review their policies and practices carefully and ensure that you understand them before undertaking a transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send specific submissions, such as competition entries, or without our request you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post or otherwise (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate and otherwise use those comments in any medium at any time without restriction. We are under no obligation to (1) keep comments confidential, (2) compensate you for them or (3) respond to them.
We may, but are not obliged to, monitor, edit or remove content that we determine at our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms.
You agree that your comments will not infringe third-party rights, including copyright, trademarks, privacy, personality or other personal or proprietary rights. You also agree that they will not contain defamatory, unlawful, abusive or obscene material, or viruses or other malware that could affect the operation of the Service or a related website.
You may not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of comments. You are solely responsible for your comments and their accuracy. We accept no responsibility or liability for comments posted by you or any third party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Information on our site or in the Service may occasionally contain typographical errors, inaccuracies or omissions concerning product descriptions, prices, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct them, change or update information, or cancel orders if information in the Service or a related website is inaccurate, at any time without prior notice, including after you submit an order.
We undertake no obligation to update, amend or clarify information in the Service or on related websites, including pricing information, except as required by law. No specified update or refresh date should be taken to indicate that all information in the Service or a related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions in these Terms, you may not use the site or its content: (a) for an unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate international, federal, provincial or state regulations, rules or laws, or local ordinances; (d) to infringe our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other malicious code that could affect the functionality or operation of the Service, related websites, other websites or the Internet; (h) to collect or track other people's personal information; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for an obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, related websites, other websites or the Internet. We reserve the right to terminate your use of the Service or a related website for violating these prohibitions.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or that results obtained from its use will be accurate or reliable.
You agree that we may remove the Service for indefinite periods or cancel it at any time without notice. You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered through it are, unless we expressly state otherwise, provided “as is” and “as available”, without any representation, warranty or condition of any kind, express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no case shall Dartbooks, its partners, owners, directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind. These include lost profits, revenue, savings or data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising from your use of any Service or product obtained through it, or any other claim relating to your use of the Service or a product. This includes errors or omissions in content, or loss or damage arising from use of the Service or content or products posted, transmitted or otherwise made available through it, even if advised of their possibility. Where a state or jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Dartbooks and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees against any third-party claim or demand, including reasonable legal fees, arising from your breach of these Terms or the documents they incorporate by reference, or your violation of any law or third-party rights.
SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, it will nevertheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed, without affecting the validity or enforceability of the remaining provisions.
TERMINATION
The parties' obligations and liabilities incurred before termination will survive termination of this agreement for all purposes.
These Terms remain effective until terminated by you or us. You may terminate them at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any term or provision, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date, and we may deny you access to all or part of our Services.
ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision does not constitute a waiver of it.
These Terms and any policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede all prior or contemporaneous agreements, communications and proposals, oral or written, including earlier versions of these Terms.
Any ambiguity in interpreting these Terms will not be construed against the party that drafted them.
GOVERNING LAW
These Terms and any separate agreements under which we provide Services are governed by and construed in accordance with the law in force in Spain.
CHANGES TO THE TERMS OF SERVICE
You can review the latest version of these Terms on this page at any time. We reserve the right, at our sole discretion, to update, change or replace any part by posting changes on our website. You are responsible for checking periodically. Continued use of or access to the website or Service after changes are posted constitutes acceptance of those changes.
RETURNS POLICY
In accordance with European legislation, we have a 14-day returns policy: you have 14 days after receiving your item to request a return.
To qualify, the item must be in the same condition in which you received it. You will also need the receipt or proof of purchase.
To begin a return, contact support@dartbooks-barcelona.com. If accepted, we will send a return shipping label and instructions on how and where to send your parcel. Items returned without first requesting a return will not be accepted.
RESPONSIBILITY FOR RETURN SHIPPING
Just as we are responsible for sending the parcel to you, you are responsible for sending returns to us. The customer pays return shipping and remains responsible for the parcel until it reaches us. If a return is lost, the customer must resolve the matter with the chosen courier. Use a tracked shipping service and package the item carefully to prevent damage in transit.
ADDRESS AND BILLING DETAILS
The customer is responsible for providing accurate address and billing details. If a shipping problem arises because a customer supplied an incorrect address, we will do our best to help but are not responsible for additional shipping costs if the parcel must be sent again.
REFUNDS
We will notify you after receiving and inspecting your return and let you know whether a refund has been approved. If approved, the refund will be made automatically to your original payment method. Your bank or credit card company may also need time to process and post it.
If the returned item arrives in substantially different condition from when it was sent, we are not obliged to issue a refund. We may return it to the customer at the customer's expense or issue a partial refund, depending on the extent of the damage or difference in condition.
PRIVACY POLICY
1. INFORMATION FOR USERS
Dartbooks Barcelona, as data controller, informs you that, pursuant to Regulation (EU) 2016/679 of 27 April (GDPR) and Organic Law 3/2018 of 5 December on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD), we will process your data as described in this Privacy Policy.
This Privacy Policy explains how and why we collect your personal data, what we do with it, who we share it with, how we protect it and your choices regarding its processing.
This Policy applies to personal data collected by the company to provide its services. By accepting the measures in this Policy, you agree to the processing of your personal data as defined here.
2. CONTACT
Legal name: Esteban Burillo de Sande
Trading name: Dartbooks
Tax identification number: 46061232Y
Address: Valencia 652, Floor 3, Door 2, 08026 Barcelona, Spain
Email: esteban@dartbooks-barcelona.com
3. KEY PRINCIPLES
We are committed to providing our services to the highest standards, including processing your data securely and transparently. Our principles are:
- Lawfulness: we collect personal data only for specific, explicit and legitimate purposes.
- Data minimisation: we limit collection to data that is strictly relevant and necessary for the purposes for which it is collected.
- Purpose limitation: we collect personal data only for the stated purposes and in accordance with your wishes.
- Accuracy: we keep personal data accurate and up to date.
- Data security: we apply appropriate technical and organisational measures proportionate to the risks to protect your data from harm, including unauthorised disclosure or access, accidental or unlawful destruction, accidental loss or alteration, and any other unlawful processing.
- Access and rectification: we provide ways for you to access or correct your data whenever you consider it appropriate.
- Retention: we retain personal data lawfully and appropriately, only for as long as necessary for the purposes for which it was collected.
- International transfers: if your data is transferred outside the EU/EEA, it will be appropriately protected.
- Third parties: access to and transfers of personal data to third parties comply with applicable laws and regulations and appropriate contractual safeguards.
- Direct marketing and cookies: we comply with applicable advertising and cookie legislation.
4. COLLECTION AND PROCESSING OF YOUR PERSONAL DATA
The types of data that may be requested and processed are identification data. We also automatically collect data about your visit to our website, as described in the cookie policy.
Whenever we request personal data, we clearly explain what we collect and why. In general, we collect and process personal data to provide information, services, products, relevant industry information and news, and to send communications.
5. LAWFUL BASIS
Under applicable data protection regulations, your personal data may be processed where:
- You have given your consent to the processing. You may withdraw it at any time.
- Processing is required by law.
- There is a legitimate interest that is not overridden by your privacy rights, such as sending commercial information because you subscribe to our newsletter or are a customer.
- Processing is necessary to provide a service under a contractual relationship between you and us.
6. DISCLOSURE OF PERSONAL DATA
Data may be disclosed to companies associated with TU EMPRESA, S.L. to provide various services in their capacity as data processors. The company will not otherwise disclose data unless legally required.
7. YOUR RIGHTS
You may contact us at any time in relation to the collection and processing of your personal data to:
- Access your personal data and the other information specified in Article 15(1) of the GDPR.
- Rectify inaccurate or incomplete personal data under Article 16 of the GDPR.
- Erase your personal data under Article 17 of the GDPR.
- Restrict processing of your personal data under Article 18 of the GDPR.
- Request data portability under Article 20 of the GDPR.
- Object to processing of your personal data under Article 21 of the GDPR.
If you have given consent for a specific purpose, you may withdraw it at any time, without affecting the lawfulness of processing based on consent before its withdrawal.
You may exercise these rights by sending a request explaining your grounds and providing supporting identification to dartbooks.barcelona@gmail.com. You also have the right to lodge a complaint with the competent supervisory authority (www.aepd.es) if you consider that processing does not comply with current regulations.
8. LEGAL INFORMATION
This Policy supplements, rather than replaces, other requirements under applicable data protection law, which will prevail in all cases.
This Policy is reviewed periodically and the company may modify it at any time. When this happens, we will notify you of changes and ask you to read the latest version and confirm your acceptance.
