TERMS OF USE

1. INTRODUCTION

2.ABOUT US AND THESE GENERAL TERMS AND CONDITIONS OF CONTRACT

3. THE USE OF OUR WEBSITE

4.AVAILABILITY OF THE SERVICE AND PRODUCTS

5.ORDERS

6.PURCHASE PROCEDURE

7.PRICE AND PAYMENT

8.DELIVERY

9.TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

10.RETURNS AND EXCHANGES POLICY

11.LIABILITY

12.COMPLAINT MANAGEMENT

13.PERSONAL DATA PROTECTION

14.NOTIFICATIONS

15.ASSIGNMENT OF RIGHTS AND OBLIGATIONS

16.FORCE MAJEURE

17.WAIVER

18.PARTIAL INVALIDITY

19.INTEGRITY OF CONDITIONS

20.MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT

21.APPLICABLE LAW AND JURISDICTION

22.ONLINE DISPUTE RESOLUTION

​

1.- INTRODUCTION

This document, together with the documents mentioned herein, establishes the terms and conditions (hereinafter, the “General Terms and Conditions”) governing the purchase of the products (hereinafter, the ‘Products’) listed on our website www.point1920.com  (hereinafter, the “Website”).

Please read these General Terms and Conditions carefully before placing any Order (as defined below). By placing an Order through the Website, you agree to be bound by the General Terms and Conditions. Therefore, if you do not agree with them in full, you should not use this Website.

These General Terms and Conditions may be modified. It is your responsibility to read them periodically and, in any case, before placing any Order, as the conditions published on the Website at the time you place your Order will be the ones that apply to you.

The General Terms and Conditions will be permanently available on the Website, so you can download them whenever you wish.

​

2.- ABOUT US AND THESE GENERAL TERMS AND CONDITIONS OF CONTRACT

The General Terms and Conditions govern the distance selling relationship between POINT SL and the user or customer, in accordance with legal provisions, in particular Law 7/1998 of April 13 on General Terms and Conditions, Law 3/2014, of March 27, amending the revised text of the General Law for the Defense of Consumers and Users, Organic Law 3/2018, of December 5, on the Protection of Personal Data and the guarantee of digital rights, General Data Protection Regulation (EU) 2016/679, Law 7/1996, of January 15, on Retail Trade, and Law 34/2002, of July 11, on Information Society Services and Electronic Commerce.

In accordance with Art. 6, section 1, paragraph 1, letter a of the GDPR, if we have previously obtained your express consent to subscribe to our newsletter, we will use the necessary data for this purpose to send commercial communications in accordance with said consent. You can unsubscribe from the newsletter at any time by sending a message to our contact address described here or by clicking on the link provided for this purpose in the email containing the commercial communication.

After you unsubscribe, we will block your email address for this use, provided that you have not given your express consent for the data to continue to be used, or we reserve the right to continue using your data in cases permitted by law and about which we inform you in this document.

All products offered on the website are covered by the supplier's commercial warranty. POINT SL has an after-sales service. While the warranty is valid, the customer may exercise it by contacting the POINT SL establishment, the after-sales service, by email at info@point1920.com, or at the points established by the supplier itself. If you have any questions, please call customer service at 966480132 or send an email to info@point1920.com. ​info@point1920.com  (hereinafter, the “Website”).​info@point1920.com.

POINT SL is liable for any lack of conformity that becomes apparent within two years of delivery. The customer must inform us of the lack of conformity within two months of becoming aware of it.

2.1.– POINT S.L. (hereinafter, “Supplier”), which operates this website under the name www.point1920.com, is a Spanish commercial company with registered office at PARTIDA PLANET S/N 03727 XALO ALICANTE, registered in the Mercantile Registry of ALICANTE, Volume 264, Book 0, Folio 70, Section 8, Page A23948, and Tax ID Number B03129236.

2.2.– In these General Terms and Conditions, the terms listed below shall have the following meanings:

• "Clauses”: the clauses contained in these General Terms and Conditions.
• “Customer”: refers to the person placing the Order.
• “Order Confirmation”: refers to our email confirming the purchase made.
• “Registration”: refers to the registration that the user must complete on the Website in order to place any Order.
• “Order”: refers to the order placed on the Website for the purpose of purchasing our Products.

Likewise, for the correct interpretation of these General Terms and Conditions, we indicate that the titles of the Clauses are for reference purposes only and will not affect the interpretation of these General Terms and Conditions.

​

3.- THE USE OF OUR WEBSITE

3.1.- By using this website and/or placing Orders through it, you agree to:

a) Use this website solely to make legally valid inquiries or Orders.

b) Not place any false or fraudulent Orders. If it can reasonably be considered that an order of this nature has been placed, we will be authorized to cancel it and inform the competent authorities.

c) Provide us with your email address, postal address, and/or other contact details truthfully and accurately.

3.2.– By placing an Order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts. If you do not meet these conditions, you must not use this website.

3.3.– Placing an Order through this Website implies unreserved acceptance of these General Terms and Conditions. You are responsible for reviewing the current version of the General Terms and Conditions before placing your Order.

3.4.– We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to users who fail to comply with these General Terms and Conditions.

3.5.– You must not misuse this website by intentionally introducing viruses, Trojan horses, worms, logic bombs, or any other technologically harmful or damaging programs or material. You shall not attempt to gain unauthorized access to this website, the server on which this website is hosted, or any server, computer, or database related to our website. You agree not to attack this website through a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this Clause may result in the commission of offenses classified by applicable regulations. We will report any breach of these regulations to the competent authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of a breach of this Clause, you will immediately cease to be authorized to use this website.

We shall not be liable for any damage or loss resulting from a denial-of-service attack, virus, or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data, or materials as a result of using this website or downloading content from it or to which it redirects.

The products offered in our online store include a photograph and their essential characteristics, which is the information obtained from the manufacturer itself. The color of the product, as seen in the photograph, is not binding. It is identified in the characteristics.

​

4.- AVAILABILITY OF THE SERVICE AND PRODUCTS

4.1.– Use of the Website for order management is limited solely to individuals or legal entities who, in accordance with applicable legislation, are or acquire the status of consumers or users.

4.2.– The Products offered through this Website are only available for shipment to Spanish territory, excluding the Canary Islands, Ceuta, and Melilla (hereinafter, the “Territory”). To make a purchase from the Canary Islands, Ceuta, or Melilla, please request a quote at info@point1920.com​info@point1920.com​

4.3.– To access the Website and place any Order, you must register via the section www.point1920.com/particularandprofessional-es, filling in the fields requested on the registration form provided for the creation of new users. Use by minors is expressly prohibited. To complete the registration, the user must expressly accept these General Terms and Conditions, as well as our Privacy Policy. Users who complete the registration will receive an email at the address they have indicated on the form, confirming the registration and communicating their user ID and personalized access password, which will identify them as a registered user on the Website. Each registered user is responsible for maintaining the confidentiality of their password and for making diligent use of it. In the event of any suspicion of unauthorized use of the password, the registered user must notify the Provider as soon as possible.

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 it can be managed, and the user can delete any records that they consider unnecessary to view.

4.4.– The availability of the products offered by POINT SL may vary depending on customer demand. Although POINT SL updates its stock periodically, the product requested by the customer may be out of stock at that time. In the event of non-fulfillment due to unavailability, POINT SL will notify the customer by email as soon as it becomes aware of this situation. The period of this communication shall in no case exceed a maximum of 30 days. POINT SL may offer the customer the following two options: to supply the customer, without any price increase, with a product of similar characteristics or of superior quality, or, except for reasons justified and demonstrated by POINT SL within this same period, to refund the amounts paid for the canceled order.

4.5.– In the event of cancellation of the Order or depletion of the Products, we will refund the amount paid as soon as possible using the same payment method with which we received it.

4.6.- In the case of a product on sale, the sale price and its validity will always be indicated alongside its essential characteristics.

4.7.- In compliance with current regulations, POINT SL provides information on all items for sale, their characteristics, and prices.

4.8.– POINT SL reserves the right to withdraw, replace, or change the products offered through its website by simply changing the content thereof.

Thus, the products offered at any given time on the website will be governed by the General Terms and Conditions of Contract in force in each case. Likewise, the company will have the power to stop offering access to the aforementioned products at any time without prior notice.

​

5.- ORDERS

5.1.– To place an Order, you must follow the purchase procedure described in Clause Six and click on the “Place Order” button.

5.2.– You will then receive an email within 24 hours of receipt of the Order confirming the purchase made (the “Order Confirmation”).

If you do not receive confirmation within 24 hours of completing your order, please contact POINT SL on the customer service telephone number 966480132 or by email at info@point1920.com. ​info@point1920.com​

5.3.– Orders placed in the manner described above will be stored on our website and the Customer will be able to access them through the My Account section.

5.4.– Orders can only be placed in Spanish.

​

6.- PURCHASE PROCEDURE

To purchase any of our Products on this Website, you must follow these steps:

a) Log in as a registered user or register when you complete your purchase.

To place an Order, you must log in to the Website as a registered user with your username and assigned password, or register when you complete your purchase.

b) Product selection

Go to the Products section and click on the image of your choice to view it and learn about its main features. Add the Products of your choice to your shopping cart and repeat the process as many times as you wish. Once you have finished selecting your items, you can click on the Checkout button to continue the purchase process.

c) Shipping details

In this section, you must fill in the fields available to specify the desired shipping location, choosing between shipping to your address within the Territory or, if it is a gift, shipping to the address within the Territory of the person to whom you are giving the gift.

d) Choice of payment method

In the next step, you must choose the payment method that best suits you from those available on the Website, as detailed in Clause Seven. Depending on the method chosen, you will be asked to fill in the necessary fields corresponding to that method. You will also have the option to request an invoice, in which case you will be able to access the necessary fields to fill in your tax details. If you request an invoice, you must choose between receiving it in paper or electronic format.

e) Formalization of the Order

At this point in the process, the next step will be to formalize the order and make the payment. To do so, you must:

1. Click on the “Shopping Cart” button at the top of the page.
2. Check all the details of your purchase: Products, quantities, delivery location, total amount, etc. Please check that all the information is correct and, if you detect any errors, update the corresponding information. 
3. Enter the necessary details to make the payment (credit/debit card details or PayPal account).
4. Read and check the box “I have read and accepted the Terms and Conditions.”
5. Click on the “Place Order” button to complete the purchase process.
6. Once the Order is complete, the Customer will receive an email with the details of the Order (“Order Confirmation”). 

If, after placing an Order, you notice that it contains an error, please contact us at info@point1920.com.

​

7.- PRICE AND PAYMENT

7.1.– The price of each Product will be as indicated on our Website at any given time, as will the shipping costs.

7.2.– The prices of the Products listed on this Website include VAT but exclude shipping costs, which will be added to the total amount during the payment process. Depending on the delivery location of the Order, the shipping costs will be as follows:

• Deliveries in mainland Spain: free shipping for purchases over €600, door-to-door at street level (except for costs incurred for bringing the furniture into the customer's home, i.e., if cranes or forklifts have to be hired or municipal permits requested, these costs will be borne by the customer). For orders under €600, standard shipping with delivery to the street level will cost €72.60. Premium shipping with delivery to the home, not including a crane, will cost €302.50. POINT SL indicates that you may have the option of picking up your order in store.
• Deliveries to the Balearic Islands: free shipping for purchases over €1,000, door-to-door at street level (except for costs incurred for bringing the furniture into the customer's home, i.e., if a crane truck needs to be hired or municipal permits need to be requested, these costs will be borne by the customer).
• Deliveries to the rest of Europe: free shipping for purchases over €1,200, door-to-door at street level (except for costs incurred for bringing the furniture into the customer's home, i.e., if cranes or forklifts need to be hired or municipal permits need to be requested, these costs will be borne by the customer).
• Deliveries to the Canary Islands: Pricing will be based on weight, volume, number of items, customs fees, taxes, and final delivery address. However, transport costs will be confirmed in advance before the order is confirmed. (except for costs incurred in bringing the furniture into the customer's home, i.e., if cranes or forklifts have to be hired or municipal permits requested, these costs will be borne by the customer).
• For deliveries to the Canary Islands, Ceuta, and Melilla, please request a quote by phone at  (+34) 965 757 395 or by email at info@point1920.com, ​info@point1920.comwhere we will provide you with a quote based on weight, volume, number of items, customs fees, taxes, and final delivery address.

In accordance with the provisions of Article 68 of Law 37/1992, of December 28, on Value Added Tax, deliveries of tangible movable property that must be transported to be made available to the purchaser shall be deemed to have been made in Spanish territory when the transport begins in that territory, with the exception of those destined for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be that in force at the time of sale. For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT pursuant to 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.

7.3.– Below are the payment methods you can choose from on our payment form:

All transactions involving the transmission of personal or banking data are carried out using a secure environment, a server based on standard SSL (Secure Sockets Layer) security technology. All information you send us is encrypted as it travels over the network.

Likewise, your credit card details are entered directly on the bank's website, in the POS (Point of Sale Terminal), and are not entered or recorded on any POINT SL server.

When paying with a VISA or MASTERCARD, you will always be asked for the following information: the card number, the expiration date, and a validation code that matches the last three digits of the number printed in italics on the back of your VISA or MASTERCARD, thus offering greater guarantees regarding the security of the transaction.

This payment method is only valid on the website. When the amount of a purchase has been fraudulently or improperly charged using a payment card number, the cardholder may demand the immediate cancellation of the charge. In this case, the corresponding debit and credit entries in the accounts of the supplier and the cardholder will be made as soon as possible.

However, if the purchase was actually made by the cardholder and the demand for a refund was not a consequence of exercising the right of withdrawal or termination and, therefore, the cardholder has improperly demanded the cancellation of the corresponding charge, the cardholder will be liable to POINT SL for compensation for the damages caused as a result of said cancellation.

To enter the details of a card or PayPal account, you must be authorized to use them and the card or account must have sufficient funds to cover the potential payment. You are responsible for ensuring that all the details provided for the purpose of purchasing Products are correct. If you choose this payment method, the system will redirect you to the PayPal page. It is important for users to know that we do not have access to this information at any time, as all information provided by the user is encrypted and sent directly between the user and PayPal. PayPal uses SSL (Secure Socket Layer) protocol to ensure a secure, encrypted connection.

It allows you to send payments over the Internet securely and conveniently. The PayPal network is based on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. PayPal offers a service specially designed for those who are not satisfied with traditional payment mechanisms.

More information at PayPal www.paypal.com​

With this payment method, you can pay up to 7 days after placing your order or defer payment in convenient installments. To enter your card details, you must be authorized to use them and the card or account must have sufficient funds to cover the possible payment. You are responsible for ensuring that all the information provided for the purpose of purchasing products is correct. It is important for users to know that we do not have access to this information at any time, as all information provided by the user is encrypted and sent directly between the user and PayPal. PayPal uses SSL (Secure Socket Layer) protocol to ensure a secure and encrypted connection.

Financing for 3, 6, or 12 months with Sequra (FREE FOR 6 MONTHS).

When you select bank transfer, you will receive an email with POINT SL's bank details along with your order confirmation.

It is very important that when making the transfer you indicate the order number in the subject line, as well as your first and last names, and that you make the transfer within 3 days of the order confirmation date in order for it to be validated.

If you wish, you can send us proof of the transfer by email to info@point1920.com​info@point1920.com. However, in any case, the order will not be considered effective until our administration department has received confirmation of the transfer from the bank.

Please remember that payment must be made in EUROS and that any exchange and bank fees are your responsibility.

In the case of bank transfers made from outside Spain, it is very important that when ordering the transfer, you always inform your bank to take care of the fees at source, those bank fees and expenses corresponding to your entity. Otherwise, POINT SL could halt the shipment of your order if it does not receive the full amount.

Any exchange and bank fees are the responsibility of the customer.

​

8.- DELIVERY

8.1.– We will deliver the Products to the shipping address indicated on your Order and located within the Territory. In order to optimize the delivery process, the address provided by the Customer must be an address where delivery can be made during normal business hours. We will not be liable for any errors or damages arising from delivery when the delivery address entered by the Customer does not match the desired delivery location.

8.2.– Delivery will be made within a maximum of 21 business days from the confirmation of the order. We will inform you of this circumstance and give you the option to proceed with the purchase, establishing a new delivery date, or to cancel the Order, with a full refund of the amounts paid.

8.3.– For the purposes of these General Terms and Conditions, “delivery” shall be deemed to have taken place or the Order shall be deemed to have been delivered at the time of signing for receipt of the Order at the agreed delivery address or, if the recipient is unavailable at the agreed delivery location, on the date of attempted delivery recorded by the courier service responsible for delivery.

8.4.– Upon delivery of the Order, the recipient must sign the delivery note and request a copy of it from the carrier.

8.5.– In the case of delivery of an Order with visible defects in the outer packaging, the delivery note should not be signed as accepted, but a complaint should be made to the carrier on the spot by including a written reservation on the delivery note, and this should be communicated to us for processing.

8.6.– We ship our products in standard packaging. Special packaging is subject to a surcharge, which will be assessed on a case-by-case basis.

8.7.– Please take care not to damage the contents of the package when opening it, especially if using sharp instruments.

8.8.– We will provide you with a receipt for your purchase along with your order. In addition, we will also send you the invoice in electronic format, for which the customer consents to receiving said invoice in electronic format. The customer will receive it at the email address provided to us.

8.9.- POINT SL indicates that they ship in our standard packages. Special packaging is subject to a surcharge, with each case being studied individually.

​

9.-TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

9.1.– The risks of the Products shall be borne by the Customer from the moment of delivery or, if this is not possible for reasons attributable to the Customer, from the moment the Products are made available at the agreed place of delivery.

9.2.– You shall acquire ownership of the Products when we receive full payment of all amounts due in relation to them, including shipping costs.

​

10.- RETURNS AND EXCHANGES POLICY

A. Right of withdrawal

In accordance with current regulations, if you are contracting as a consumer, you may withdraw from the Contract, without giving any reason, within 14 calendar days from the date on which you acquire physical possession of the Product.

The steps to follow are as follows:

If the product is not in good condition and the causes attributable to this are not the fault of the customer, the customer will be entitled to return the product, informing POINT SL of the reason for the return through any of the means provided in these terms and conditions, at no cost to the customer. This return due to a defect or poor condition of the product will not be considered a right of withdrawal.

POINT SL undertakes to bear the cost of the return and to replace the product with a new one in accordance with the conditions accepted at the time of sale.

To exercise your right of withdrawal, you must notify us of your decision to withdraw from the Contract by means of an unequivocal statement (e.g., a letter sent by post, fax, or email). To do so, you may use the withdrawal form template that can be downloaded from the following link and send to the following email address info@point1920.com​info@point1920.com or make another type of unequivocal statement indicating your decision to withdraw from the contract, identifying the Order to which it refers. If you notify us of your decision to withdraw via email, we will confirm receipt of your withdrawal by email without delay.

To notify us of your decision to withdraw, you can also use the following contact details:

POINT S.L • PARTIDA PLANET,S/N, 03727 XALÓ (ALICANTE) SPAIN. (+34) 966 480 132 F. (+34) 966 480 358​info@point1920.com

In any case, in your withdrawal notification, you must identify the Order for which you are exercising your right of withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of this right before the withdrawal period expires.

After notifying us of your decision to withdraw, you must return the Product to which the withdrawal refers to the postal address indicated above, without undue delay and, in any case, no later than 14 calendar days from the date on which you notify us of your decision to withdraw. The deadline will be considered met if you return the Products before the end of that period.

The Customer shall be liable for any reduction in the value of the Products resulting from handling them in a manner other than that necessary to establish their nature, characteristics, or functioning. To ensure that the Products are returned in perfect condition, packaging or wrapping appropriate to their characteristics and the method of shipment must be used.

Consequences of withdrawal:

In the event of withdrawal on your part, we will refund all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of your decision to withdraw. We will proceed to make such refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, you will not incur any expenses as a result of the refund.

Notwithstanding the foregoing paragraph, we may withhold the refund until we have received the Product, or until you have provided proof of its return, whichever condition is met first.

In the event of withdrawal, you shall bear the direct cost of returning the Products (shipping costs).
 

B. Exceptions to the right of withdrawal

In accordance with Article 103.b of Royal Legislative Decree 1/2007, which approves the Consolidated Text of the General Law for the Protection of Consumers and Users, the right of withdrawal shall not apply to contracts relating to: The supply of goods made to the consumer's and user's specifications or clearly personalized.

Likewise, and in accordance with Article 103.e) of the aforementioned Consolidated Text, the right of withdrawal shall not apply to:

The supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.

In cases where you consider that, at the time of delivery, the Product does not comply with the provisions of the contract, due to a fault or defect, you must contact us within 7 days of delivery using our contact form, indicating the identification details of the Product and the Order to which it refers, and specifying the fault or defect.

Once we have received your notification, we will contact you as soon as possible to inform you of the date on which a courier will come to the address you provide to collect the Product.

After the Product has been returned, we will examine it carefully and notify you by email, within a reasonable period of time, whether you are entitled to the right to demand repair or, at your choice, replacement of the Product, unless one of these options is objectively impossible or disproportionate in accordance with Articles 119 and 120 of Royal Legislative Decree 1/2007, which approves the Consolidated Text of the General Law for the Protection of Consumers and Users.

If the Product is to be repaired or replaced, this must be done within a reasonable period of time and at no cost to you, including the costs necessary to remedy the lack of conformity of the Product with the contract, shipping costs, and costs related to labor and materials.

The consumer may not demand replacement in the case of non-fungible or second-hand Products.

In cases where you cannot demand repair or replacement, or when these have not been carried out within a reasonable period of time or without major inconvenience to you, you may choose between a price reduction and termination of the contract. Termination shall not apply when the lack of conformity is of minor importance. The price reduction shall be proportional to the difference between the value that the Product would have had at the time of delivery had it been in conformity with the contract and the value that the Product actually delivered had at the time of delivery.

C. Legal warranty

In accordance with Royal Legislative Decree 1/2007, the Supplier is liable for any lack of conformity that becomes apparent within two years of delivery. The Customer must inform us of the lack of conformity within two months of becoming aware of it.

​

11.- LIABILITY
USER AND LIABILITY REGIME

Browsing, accessing, and using the POINT SL website confers the status of user, whereby, from the moment of browsing the POINT SL website, all the conditions of use established herein are accepted, without prejudice to the application of the corresponding legally binding regulations, as the case may be.

The POINT SL website provides a wide variety of information, services, and data. The user assumes responsibility for the correct use of the website. This responsibility extends to:

• The accuracy and legality of the information provided by the user in the forms issued by POINT SL for access to certain content or services offered by the website.
• The use of the information, services, and data offered by POINT SL contrary to the provisions of these conditions, the law, morality, good customs, or public order, or that in any other way may involve injury to the rights of third parties or the functioning of the website itself.

LINK POLICY AND DISCLAIMERS

POINT SL is not responsible for the content of websites that users may access through links on its website and declares that under no circumstances will it examine or exercise any 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 that can be accessed through the links.

POINT SL declares that it has taken all necessary measures to avoid any damage to users of its website that may arise from browsing its website. Consequently, POINT SL is not responsible, in any case, for any damage that the user may suffer from browsing the Internet.

Unless expressly stated otherwise in these General Terms and Conditions, our liability in relation to any Product purchased on this Website shall be strictly limited to the sums paid for its purchase.

Notwithstanding the foregoing, our liability shall not be excluded or limited in the following cases:

• In the event of death or personal injury caused by our negligence.
• In the event of fraud or fraudulent misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit, or attempt to exclude or limit our liability.

Notwithstanding the provisions of the preceding paragraph and to the extent permitted by law and unless otherwise stipulated in these General Terms and Conditions, we shall not accept any liability for the following losses, regardless of their origin:

• Loss of income or sales.
• Loss of business.
• Loss of actual or anticipated profits.
• Loss of profits or loss of contracts.
• Loss of anticipated savings.
• Loss of data.
• Loss of customers.
• Loss of reputation.
• Loss of operating time.
• Any indirect or consequential loss.

The provisions of this Clause shall not affect your legal rights as a consumer and user, nor your right of withdrawal.

​

12.- COMPLAINT MANAGEMENT

12.1.– We will fulfill the obligations set forth in these General Terms and Conditions with reasonable care and diligence.

12.2.– Customer satisfaction is of the utmost importance to us, so you can contact us at any time. Our contact details are listed in clause 10.A.1 of these General Terms and Conditions.

12.3.- If the customer wishes to make a complaint, POINT SL is located at PD PLANET S/N 03727, JALON (ALICANTE), SPAIN or via email ​info@point1920.com​

It would be helpful if you could provide us with as accurate a description as possible of the reason for your complaint and, if available, a copy of your Order or Order Confirmation. On certain occasions, your emails may be automatically redirected to our spam folder or you may not receive ours for the same reason.

​

13.- PERSONAL DATA PROTECTION

In accordance with the provisions of Regulation (EU) 2016/679 of April 27 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter, GDPR).

In accordance with applicable and current data protection regulations, POINT SL informs users that the personal data collected during the registration process and subsequent purchase will be incorporated into the processing system owned by POINT SL, for the purpose of processing these actions by the user and managing subsequent actions derived from them.

POINT SL has a security certificate that is used by SSL CERTIFICATE to establish secure connections.

The SSL CERTIFICATE provides authentication, privacy, and security of information between POINT SL and the user.

In this process, several parameters are established to make the connection secure, and it is established using pre-established keys, encoding and decoding all data sent until the connection is closed.

WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?

Name: POINT S.L.
Address: PARTIDA PLANET S/N 03727 JALÓN ALICANTE, SPAIN
C.I.F B03129236
Tlf: (+34) 966 480 132
Email: ​info@point1920.com

FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?

Your personal data will only be used for the following purposes:

-Management of requests for information made through the website or email in order to provide you with information about our products and services.

-Purchase management

-Accounting, tax, and administrative management.

WHAT IS THE LEGITIMACY FOR THE PROCESSING OF YOUR PERSONAL DATA?

- Execution of pre-contractual measures at the request of the interested party. Your personal data will be processed based on the pre-contractual relationship that begins when you request information about our products.

If you are a customer or make a purchase through our online store:

- Execution of a contract as a customer.

- Compliance with legal obligations applicable to the activity, derived from commercial and tax legislation.

HOW LONG WILL I KEEP YOUR PERSONAL DATA?

The personal data you provide will be kept for as long as our contractual or commercial relationship continues. However, from the date of termination of our contractual or commercial relationship, your data will be kept:

– ONE YEAR for data derived from internet connections to our website, email and voice telephone calls, instant messaging, SMS or MMS.

If you are a customer of ours, your data will be kept for:

– FOUR YEARS for tax purposes. Accounting books and other mandatory records in accordance with applicable tax regulations (income tax, VAT, corporate tax, etc.), as well as supporting documentation justifying the entries recorded in the books.

– SIX YEARS. Personal data included in mandatory books, documentation, and supporting documents relating to my professional activity will be retained in accordance with the Commercial Code

HOW DID WE OBTAIN YOUR PERSONAL DATA?

The data obtained has been provided by you.

TO WHICH RECIPIENTS WILL YOUR PERSONAL DATA BE COMMUNICATED?

No transfer of data is planned, except where legally required.

WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE ME WITH YOUR PERSONAL DATA?

In accordance with the rights conferred on you by current data protection legislation, you may exercise your rights of access, rectification, limitation of processing, erasure, portability, and opposition to the processing of your personal data, as well as the consent given for the processing thereof, by sending your request to the above address or to the email address .​info@point1920.com​

Any interested party may request the exercise of the following rights:

• Right of access: The data subject shall have the right to obtain confirmation as to whether or not personal data concerning him or her are being processed.
• Right to rectification: The data subject shall have the right to obtain the rectification of inaccurate or incomplete personal data concerning him or her.
• Right to erasure: The data subject shall have the right to obtain the erasure of personal data concerning him or her when the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
• Right to restriction: You may request the restriction of the processing of your personal data, in which case it will only be kept for the exercise or defense of claims.
• Right to data portability: You may request that your automated personal data be transferred to any other company you indicate in a structured, intelligible, and automated format.
• Right to withdraw consent: You have the right to withdraw your consent at any time, without this affecting the lawfulness of the processing based on consent prior to its withdrawal.
• Right to object: The data subject has the right to object to the processing of their data.

HOW CAN YOU EXERCISE THESE RIGHTS?

Upon request, we will provide you with the forms you need to exercise these rights. You can send us an email to ​info@point1920.comindicating the right you wish to exercise, and we will send you the corresponding form.

The exercise of these rights must be carried out by sending an email to  info@point1920.com or by writing to the postal address PARTIDA PLANET S/N 03727 JALÓN ALICANTE.

WHO CAN EXERCISE THESE RIGHTS?

The rights of data subjects are highly personal and, therefore, must be exercised by the data subject, who must duly prove their identity (for this purpose, they will be asked to provide their ID card or equivalent).

They may also be exercised through legal representation, in which case, in addition to the ID card or equivalent of the data subject, the ID card and authentic document proving the representation of the third party must be provided.

WHAT IS OUR OBLIGATION WHEN YOU EXERCISE ANY OF YOUR RIGHTS?

The data controller must respond to any request made to them, regardless of whether or not the data subject's personal data is included in their processing.

If the request does not meet the specified requirements, the data controller must request that the necessary corrections be made.

The data controller shall respond to requests within one month of receiving the request. This period may be extended by a further two months if necessary, taking into account the complexity and number of requests. The data controller shall inform the data subject of any such extension within one month of receiving the request, indicating the reasons for the delay.

RIGHT TO COMPLAIN TO THE SUPERVISORY AUTHORITY

You may request the protection of rights that have not been duly addressed from the Spanish Data Protection Agency. Either through the electronic headquarters of its website (www.agpd.es) or by writing to its postal address (C/Jorge Juan, 6, 28001-Madrid).

WHAT MEASURES DO WE TAKE TO KEEP YOUR INFORMATION SECURE?

We apply reasonable technical and physical measures to protect the information we collect through the Website.

DATA PROTECTION ON SOCIAL NETWORKS

We use Facebook, Twitter, Instagram, and Pinterest accounts to report on our activities and interact with our followers. By becoming a follower, you consent to us processing the personal data available in your profile, exclusively for this purpose and only within the Facebook, Twitter, Instagram, and Pinterest environment, in accordance with their usage and privacy policies.

You may exercise your rights of access, rectification, erasure, restriction, portability of your data, withdrawal of consent, and objection at the address ​info@point1920.com. We will respond to your requests within the framework and limitations of the operating rules established by Facebook, Twitter, Instagram, and Pinterest.

​

14.- NOTIFICATIONS

14.1 – Any notice relating to an Order shall be made in writing and delivered physically, by certified or regular mail with postage prepaid, or by email to the relevant party at the postal or email address provided by that same party.

14.2 – By using this website, you agree that most communications with us will be conducted electronically. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing.

​

15.- ASSIGNMENT OF RIGHTS AND OBLIGATIONS

15.1 – The Contract is binding upon both you and us, as well as upon our respective successors, assigns, and legal heirs.

15.2 – Neither party may assign, transfer, charge, subcontract, or otherwise dispose of a contract or any of the rights or obligations arising from it without obtaining the prior written consent of the other party.

15.3 – POINT SL, either in its own right or as an assignee, holds all intellectual and industrial property rights to its website, as well as to the elements contained therein (including, but not limited to, images, sound, audio, video, software, or text; trademarks or logos, color combinations, structure and design, selection of materials used, computer programs necessary for its operation, access, and use, etc.), which are owned by POINT SL. Consequently, these works are protected as intellectual property under Spanish law, and both Spanish and European Union regulations in this field, as well as the relevant international treaties signed by Spain, shall apply.

All rights reserved. Pursuant to the provisions of the Intellectual Property Law, the reproduction, distribution, and public communication of all or part of the contents of this website, including the method of making them available, for commercial purposes, in any medium and by any technical means, are expressly prohibited without the authorization of POINT SL.

The user undertakes to respect the Intellectual and Industrial Property rights owned by POINT SL. You may view the elements of the website and even print, copy, and store them on your computer’s hard drive or any other physical medium, provided that it is solely and exclusively for your personal and private use. The user must refrain from deleting, altering, bypassing, or tampering with any protection device or security system installed on POINT SL’s web pages.

​

16.- FORCE MAJEURE

16.1 – We shall not be held liable for any failure, hindrance, or delay in performing a Contract that is attributable to any cause of force majeure, including but not limited to natural disasters, actions by third parties (including, by way of example but not limitation, hackers, distributors, governments, and local, supranational, or quasi-governmental authorities), insurrections, riots, civil disturbances, wars, hostilities, military operations, national emergencies, terrorism, piracy, detentions, arrests by competent authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, droughts, adverse weather conditions, earthquakes, natural disasters, accidents, mechanical failures, third-party software issues, unavailability or disruptions in the supply of utilities (including electricity, telecommunications, or internet), shortages or unavailability of supplies, materials, equipment, or transportation (“Force Majeure Causes”), regardless of whether such circumstances could have been foreseen.

16.2 – Either party may terminate the contract immediately by written notice if the Force Majeure Causes persist for more than five (5) business days. In such case, neither party shall be held liable for the termination (except with respect to refunding the amount paid for any Product that has been purchased but not delivered).

​

17.- WAIVER

Unless otherwise provided by law, any delay by either party in exercising any right under these General Terms and Conditions of Contract or under a contract shall not affect or constitute a waiver of that right or any other right. Likewise, such delay shall not prejudice any rights or remedies related to that right, nor shall it modify or reduce the rights established under these General Terms and Conditions of Contract or under a contract.

​

18.- PARTIAL INVALIDITY

If any of the clauses in these General Terms and Conditions of Contract is declared null, invalid, or unenforceable by a final decision of a competent authority, such nullity, invalidity, or unenforceability shall in no way affect the remaining clauses, whether in whole or in part, which shall remain in full force and effect, provided that these General Terms and Conditions of Contract or the contract can continue to exist without the clause deemed unenforceable.

​

19.- INTEGRITY OF CONDITIONS

These General Terms and Conditions of Contract and any document expressly referred to herein constitute the entire agreement between the Supplier, as the seller, and the Client, as the buyer, and supersede any prior arrangement, understanding, or agreement between you and us, whether oral or written.

​

20.- MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF CONTRACT

20.1 – We reserve the right to review and modify these General Terms and Conditions of Contract at any time.

20.2 – You will be subject to the version of these General Terms and Conditions of Contract in effect at the time you use this website or place each Order, unless by law or decision of the competent authorities we are required to make retroactive changes to these General Terms and Conditions of Contract, in which case such changes will also apply to Orders you have previously placed.

​

21.- APPLICABLE LAW AND JURISDICTION

21.1 – These General Terms and Conditions of Contract are governed by Spanish law.

21.2 – The parties submit, at their own choice, for the resolution of any disputes and expressly waive any other jurisdiction, to the competent Courts and Tribunals as provided by law.

21.3 – Likewise, POINT SL reserves the right to take any civil or criminal actions it deems appropriate in the event of improper use of its website or contents, or for breach of these conditions.

The relationship between the user and the provider shall be governed by the current laws applicable within Spanish territory. In the event of any dispute, the parties may submit their conflicts to arbitration or to the ordinary courts, in compliance with the applicable rules on jurisdiction and competence. POINT SL is domiciled in Alicante, Spain.

Contracts entered into electronically in which a consumer is a party shall be presumed to have been concluded at the place of the consumer’s habitual residence.

Electronic contracts between businesses or professionals, in the absence of an agreement between the parties, shall be presumed to have been concluded at the place where the service provider is established.

​

22. ONLINE DISPUTE RESOLUTION

“Online dispute resolution in consumer matters pursuant to Article 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform, which is available at the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their complains through the online dispute resolution platform".

Print