1. GENERAL INFORMATION
The ownership of this website www.pingaoculto.es (hereinafter Website) is held by: PINGOC NOW SL, with Tax Identification Number (NIF): B72491368 and registered in the Madrid Mercantile Registry; whose registration details are: Volume 44072, Page 84, Section 8, Registration Sheet 777404, and whose contact details are:
Address: Calle Lucio del Valle 12, Local 1, 28003, Madrid, Madrid, Spain
Contact phone: +34 91 417 04 02
Contact email: contact@pingaoculto.com
This document (as well as any other documents mentioned herein) governs the conditions governing the use of this Website (www.pingaoculto.es) and the purchase or acquisition of products and/or services thereon (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that PingaOculto developed through the Website includes:
Marketing and distribution of electronic products in the fields of hidden earphones, also known as earpieces; hidden cameras or mini cameras, as well as surveillance cameras; hidden recorders or mini microphones; GPS locators; jammers or frequency detectors; and related electronic accessories.
In addition to reading these Conditions, before accessing, browsing and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookies policy, and the privacy and privacy policy. data protection PingaOculto. By using this Website or by making and/or requesting the acquisition of a product and/or service through it, the User agrees to be bound by these Conditions and by everything mentioned above, so if you do not agree with everything Therefore, you should not use this Website.
It is also reported that these Conditions may be amended. The User is responsible for consulting them each time he accesses, browses and / or uses the Website as those that are in force at the time the acquisition of products and / or services is requested will be applicable.
For all questions that the User may have in relation to the Conditions you can contact the owner using the contact details provided above or, if applicable, using the contact form.
2. THE USER
The access, navigation and use of the Website confers the status of user (hereinafter referred to, indiscriminately, individually as a User or jointly as Users), so they are accepted, from the beginning of browsing the Website, all the Conditions established here, as well as their subsequent modifications, without prejudice to the application of the corresponding legal regulations of obligatory fulfillment according to the case.
The User assumes responsibility for the correct use of the Website. This responsibility will extend to:
- Make use of this Website only to make inquiries and legally valid purchases or acquisitions.
- Do not make any false or fraudulent purchase. If a purchase of this nature could reasonably be considered to have been made, it could be canceled and the relevant authorities informed.
- Provide truthful and lawful contact information, for example, email address, postal address and / or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and have the legal capacity to enter into contracts through this Website.
The User may formalize, at his or her choice, with PingaOculto the purchase and sale contract of the desired products and/or services in any of the languages in which these Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at www.pingaoculto.es, during which various products and/or services may be selected and added to the shopping cart, basket, or final checkout area, and finally, click on "Place Order."
Likewise, the User must fill in and / or verify the information requested in each step, although, during the purchase process, before making the payment, the purchase data can be modified.
Next, the User will receive an email confirming that PingaOculto you have received your order or purchase request and/or provision of the service, that is, the order confirmation. And, where appropriate, you will also be informed by email when your purchase is being shipped. Where applicable, this information could also be made available to the User through their personal space connecting to the Website.
Once the purchase procedure has been completed, the User consents to the Website generating an electronic invoice that will be sent to the User via email and, where applicable, through their personal space connecting to the Website. Likewise, the User can, if they wish, obtain a copy of their paper invoice, requesting it from PingaOculto using the contact spaces of the Website or through the contact information provided above.
The User acknowledges being aware, at the time of purchase, of certain particular conditions of sale that concern the product and / or service in question and that are displayed next to the presentation or, where appropriate, its image on its page. of the Website, indicating, by way of example, but not exhaustive, and attending to each case: name, price, components, weight, quantity, color, details of the products, or characteristics, the way in which they will be carried out and / or or cost of benefits; and recognizes that the execution of the purchase or acquisition order materializes the full and complete acceptance of the particular conditions of sale applicable to each case.
Communications, purchase orders and payments made during transactions made on the Website may be archived and retained in the computerized records of PingaOculto in order to constitute a means of proof of the transactions, in any case, respecting reasonable security conditions and the laws and regulations in force that are applicable in this regard, and particularly taking into account Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights, and the rights that assist Users in accordance with the privacy policy of this Website.
4. AVAILABILITY
All purchase orders received by PingaOculto through the Website are subject to the availability of the products and/or that no circumstance or cause of force majeure (clause nine of these Conditions) affects the supply of the same and/or the provision of the services. If difficulties arise regarding the supply of products or there are no products left in stock, PingaOculto undertakes to contact the User and reimburse any amount that may have been paid as an amount. This will be equally applicable in cases in which the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) or other currencies with slight variations based on the hourly conversion rate, and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final prices of the products as shown on the Website. So, PingaOculto provides delivery and/or shipping services through: GLS, UPS and Correos.
In no case will the Website add additional costs to the price of a product or service automatically, but only those that the User has selected and chosen voluntarily and freely.
Prices may change at any time, but possible changes will not affect orders or purchases in respect of which the User has already received an order confirmation.
Accepted payment methods include: Credit or debit card, Apple Pay and Google Pay, PayPal, Klarma, and cash on delivery.
Likewise, the User may pay all or part of the purchase price with a gift card and/or a credit card issued by PingaOculto and/or PINGOC NOW SL.
PingaOculto uses all means to guarantee the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses an SSL (Secure Socket Layer) secure payment system.
Credit cards will be subject to verification and authorization by the issuing banking entity, if said entity does not authorize the payment. PingaOculto It will not be responsible for any delay or lack of delivery and will not be able to formalize any contract with the User.
Once you PingaOculto receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure that there are sufficient funds to complete the transaction. The card will be charged at the time the shipping confirmation and/or confirmation of the service provided is sent to the User in the established manner and, where applicable, place.
If the payment method is PayPal, gift card or credit card, the charge will be made at the time that PingaOculto send a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking "Place Order," the User confirms that the payment method used is theirs, or that, where applicable, they are the legitimate holder of the gift card or credit card.
For cash-on-delivery payments, the User must select "Cash on Delivery" among the payment methods on the Website and continue to "Place Order" to place the purchase order. From that moment on, PingaOculto reserves the right to contact the User in order to validate the purchase order with him/her. After this, the order will be prepared and made available for processing its shipment.
Payment will be made at the time of delivery of the order by the carrier's dealer. Payment will be made only in cash. The User agrees to deliver the exact amount of the order to the carrier's dealer, the latter will not be able to provide change.
For the refund of the amount on orders paid by cash on delivery, PingaOculto reserves the right to return the package within 14 calendar days after the return has been requested through the Website and the package has been returned to the carrier. When making the return, the User must provide their bank details to receive the corresponding transfer for the refund requested for the returned order. Refunds for orders paid by cash on delivery will be issued by bank transfer or by means of a non-expiring coupon.
PingaOculto reserves the right to suspend cash on delivery payments to those Users who have not met the necessary requirements in past orders.
6. DELIVERY
In the cases in which it is appropriate to carry out the physical delivery of the contracted good, the deliveries will be made within the following territory: All over the world
Except for those cases in which there are unforeseen or extraordinary circumstances or, where appropriate, derived from the customization of the products, the purchase order consisting of the related products 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, attributable to you, PingaOculto cannot meet the delivery date, it will contact the User to inform them of this circumstance and they may choose to continue with the purchase by establishing a new delivery date or cancel the order with a full refund of the price paid. In any case, home deliveries are made on business days.
If it is impossible to deliver the order due to the User's absence, the order could be returned to the warehouse. However, the carrier would leave a notice explaining where the order is and how to get it delivered again.
If the User is not going to be at the delivery location in the agreed time slot, they must contact PingaOculto to arrange delivery another day.
In the event that 30 days have passed since your order is available for delivery, and it has not been delivered for reasons not attributable to PingaOculto, PingaOculto It will be understood that the User wishes to withdraw from the contract and it will be considered resolved. As a consequence of the termination of the contract, all payments received from the User will be returned, with the exception of additional expenses resulting from the User's own choice of a delivery method other than the least expensive ordinary delivery method offered by the Website. , without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which 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.
For the purposes of these Conditions, it will be understood that the delivery has occurred or that the order has been delivered at the moment in which the User or a third party indicated by the User acquires material possession of the products, which will be accredited by the signature of the receipt of the order at the agreed delivery address.
The risks that may arise from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when PingaOculto 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 this takes place at a time after complete receipt of the amount for payment by PingaOculto.
In accordance with the provisions of Law 37/1992, of December 28, on Value Added Tax (VAT), purchase orders for delivery and / or provision 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 applicable VAT rate will be the one legally in force at all times depending on the specific article in question.
7. TECHNICAL MEANS TO CORRECT ERRORS
The User is made aware that if they detect that an error has occurred when entering data necessary to process their purchase request on the Website, they may modify them by contacting PingaOculto through the contact spaces enabled on the Website, and, where appropriate, through those enabled to contact customer service, and/or using the contact information provided in the first clause (General information ). Likewise, this information could also be corrected by the User through their personal space connecting to the Website.
In any case, the User, before clicking on “Place the order”, has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Similarly, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to obtain more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In the cases in which the User acquires products on or through the Owner's Website, they are assisted by a series of rights, as listed and described below:
Right of withdrawal
The User, as consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the goods acquired on the Website of PingaOculto or in the event that the goods that make up your order are delivered separately, 14 calendar days from the day that the User or a third party authorized by him, other than the carrier, acquired material possession of the last of those goods that made up the same purchase order, or in the case of a service contract, 14 calendar days from the day of the contract.
To exercise this right of withdrawal, the User must notify his decision to PingaOculto. You may do so, where appropriate, through the contact spaces enabled on the Website.
The User, regardless of the means they choose to communicate their decision, must clearly and unequivocally express that it is their intention to withdraw from the purchase contract. In any case, the User may use the withdrawal form model that PingaOculto makes available to you as an annex to these Conditions, however, its use is not mandatory.
To meet the withdrawal period, it is enough that the communication that unequivocally expresses the decision to withdraw is sent before the corresponding period expires.
In case of withdrawal, PingaOculto will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the less expensive method offered on the Website) without any undue delay and, in all case, no later than 14 calendar days from the date on which PingaOculto is informed of the decision to withdraw by the User.
PingaOculto will reimburse the User using the same payment method used by the User to carry out the initial purchase transaction. This refund will not generate any additional cost to the User. Nevertheless, PingaOculto could withhold said refund until the products or items 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 PingaOculto at: Calle Lucio del Valle 12, Local 1, 28003, Madrid, Madrid, Spain
And you must do so without any undue delay and, in any case, no later than 14 calendar days from the date on which PingaOculto was informed of the withdrawal decision.
The User acknowledges knowing that he 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 value of the products resulting from a manipulation other than that necessary to establish the nature, characteristics and operation of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set out in article 103 of Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws. By way of example, and not exhaustively, this would be the case of: personalised products; products that may deteriorate or expire quickly; music or video CDs/DVDs without their packaging, as sealed in the factory; products that for reasons of hygiene or health are sealed and have been unsealed after delivery; supply of digital content without physical support.
In this same sense, the provision of a service that the User could contract on this Website is governed, since this same Law establishes that the Right of withdrawal will not assist Users when the provision of the service has been fully executed, or when it has begun. , with the express consent of the consumer and user and with the acknowledgment on their part that they are aware that, once the contract has been fully executed by PingaOculto, you will have lost your right of withdrawal.
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.
Likewise, the 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.
You can download the withdrawal form template from the following link: https://www.pingaoculto.es/garantias-y-devoluciones/
Return of defective products or shipping errors
These are all those cases in which the User considers that, at the time of delivery, the product does not conform to what is stipulated in the contract or purchase order, and that, therefore, they should contact PingaOculto immediately and let you know the existing disagreement (defect / error) by the same means or using the contact information provided in the previous section (Right of Withdrawal).
The User will then be informed about 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 of time, if the refund or, where appropriate, the replacement of the same. .
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days from the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for those products that are returned due to a defect, when it really 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.
In any case, the rights recognized in the legislation in force at all times for the User, as consumer and user, will always be respected.
Warranty
The User, as a consumer and user, enjoys guarantees on the products that can be purchased through this Website, in the terms legally established for each type of product, responding PingaOculto, therefore, for any lack of conformity thereof that becomes apparent within a period of three years from delivery of the product.
In this sense, it is understood that the products are in accordance with the contract provided that: they conform to the description made by PingaOculto 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 of it. When this is not the case with respect to the products delivered to the User, the User must proceed as indicated in the Return of defective products or shipping error section. However, some of the products sold on the Website may present non-homogeneous characteristics as long as these derive from the type of material with which they have been manufactured, and therefore will form part of the individual appearance of the product, and They will not be a defect.
On the other hand, it could happen that the User purchases a product from a brand or manufactured by a third party on the Website. In this case, and considering the User that it is a defective product, he/she also has the possibility of contacting the brand or manufacturer responsible for the product to find out how to exercise his/her legal warranty right directly against them during the three years following the delivery of said products. To do this, the User must have kept all the information related to the product warranty.
However, to learn more about the After-Sales Service that PingaOculto makes available to Users of the Website can be consulted here: https://www.pingaoculto.es/garantias-y-devoluciones/
9. DISCLAIMER OF LIABILITY
Except for legal provision to the contrary, PingaOculto You will not accept any responsibility for the following losses, regardless of their origin:
- any losses that were not attributable to any breach on your part;
- business losses (including lost profits, income, contracts, anticipated savings, data, loss of goodwill or unnecessary expenses incurred); or from
- Any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was formalized between both parties.
Equally, PingaOculto It also limits your liability in the following cases:
- PingaOculto applies all measures concerning to provide a faithful display of the product on the Website, however, it is not responsible for the minimum differences or inaccuracies that may exist due to lack of resolution of the screen, or problems of the browser that is used or other of this nature.
- PingaOculto will act with the utmost diligence in order to make available to the company in charge of transporting the product that is the subject of the purchase order. However, it is not responsible for damages resulting from transportation malfunctions, especially due to causes such as strikes, road delays, and in general any others typical of the sector, which result in delays, losses or theft of the product.
- Technical failures that, due to fortuitous or other causes, prevent the normal operation of the service through the Internet. Lack of availability of the Website for maintenance or other reasons, which prevents the availability of the service. PingaOculto puts all the means at its disposal in order to carry out the process of purchase, payment and shipping / delivery of the products, however it disclaims responsibility for causes that are not attributable to it, unforeseen circumstances or force majeure.
- PingaOculto will not be responsible for the misuse and/or wear of the products that have been used by the User. At the same time, PingaOculto Nor will it be responsible for an erroneous return made by the User. It is the User's responsibility to return the correct product.
- En general, PingaOculto will not be responsible for any non-compliance or delay in the fulfillment of any of the obligations assumed, when the same is due to events that are beyond its reasonable control, that is, due to force majeure, and this may include, by way of example but not exhaustive:
- Strikes, lockouts or other industrial action.
- Civil commotion, revolt, invasion, threat or terrorist attack, war (declared or not) or threat or preparations for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, boats, airplanes, motor transport or other means of transport, public or private.
- Inability to use public or private telecommunication systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
In this way, the obligations will be suspended during the period in which the force majeure continues, and PingaOculto will have an extension in the term to comply with them for a period of time equal to the duration of the force majeure. PingaOculto will use all reasonable means to find a solution that allows it to comply with its obligations despite the force majeure.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with PingaOculto are electronic (email or notices published on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notifications, information and other communications that PingaOculto sent electronically meet the legal requirements to be in writing. This condition will not affect the rights recognized by law to the User.
The User can send notifications and / or communicate with PingaOculto Through the contact information provided in these Conditions and, where appropriate, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, PingaOculto You can contact and / or notify the User by email or at the postal address provided.
11. DISCLAIMER
No waiver of PingaOculto to a specific right or legal action or the lack of requirement by PingaOculto Strict compliance by the User of any of their obligations will not entail a waiver of other rights or actions derived from a contract or the Conditions, nor will it exonerate the User from compliance with their obligations.
No waiver of PingaOculto Any of these Conditions or the rights or actions derived from a contract will take effect, unless it is expressly established that it is a waiver and it is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by such declaration of invalidity.
13. ENTIRE AGREEMENT
These Conditions and any document to which express reference is made in these constitute the entire agreement existing between the User and PingaOculto in relation to the object of sale and replace any other agreement, agreement or previous promise agreed verbally or in writing by the same parties.
The User and PingaOculto acknowledge having consented to the conclusion of a contract without having relied on any statement or promise made by the other party, except for what is expressly mentioned in these Conditions.
14 DATA PROTECTION
The information or personal data that the User provides to PingaOculto In the course of a transaction on the Website, they will be treated in accordance with the provisions of the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing and/or using the Website, the User consents to the processing of said information and data and declares that all the information or data provided is true.
15. APPLICABLE LAW AND JURISDICTION
Access, navigation and / or use of this Website and product purchase contracts through it will be governed by Spanish legislation.
Any controversy, problem or disagreement that arises or is related to the access, navigation and/or use of the Website, or with the interpretation and execution of these Conditions, or with the sales contracts between PingaOculto and the User, will be subject to the non-exclusive jurisdiction of the Spanish courts and tribunals.
16. COMPLAINTS AND CLAIMS
The User can send to PingaOculto your complaints, claims or any other comment you wish to make through the contact details provided at the beginning of these Conditions (General Information).
Furthermore, PingaOculto has official complaint forms available to consumers and users, and that they can request from PingaOculto at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if the conclusion of this purchase contract between PingaOculto and the User arises a dispute, the User as a consumer can request an extrajudicial dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council, of May 21, 2013, on online dispute resolution. on consumer matters and which modifies Regulation (EC) 2006/2004 and Directive 2009/22/EC. You can access this method through the following website: https://ec.europa.eu/consumers/odr/.