1. Ownership of the domain www.castey.com
In compliance with Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE), we inform you that the ownership of the domain of our virtual store, www.castey.com, corresponds to MISIPA GLOBAL SL, Troia Ibilbidea 23, Pab 2B1, 20115 Astigarraga, Gipuzkoa, a company legally incorporated in Spain with CIF B20835054 (hereinafter castey.com). For any questions, you can contact www.castey.com by email, castey@castey.com
2. Object and scope of application.
The purpose of these General Conditions of contracting and use is to regulate the provision of information provided in the Castey.com online store, as well as that provided by its telephone sales channel and the commercial transactions that arise between castey-online.com and the users of the domain. www.castey.comBoth browsing the online store and the purchase of any of the products offered therein imply the acceptance as a user, without reservations of any kind, of each and every one of the present general conditions of contracting and use. castey.com may modify the website to make as many changes and modifications as it deems appropriate and necessary for its proper functionality, without prior notice.
3. Information provided on the website.
We make every effort to provide the information contained on the website truthfully and without typographical errors. All contractual information present on the domain www.castey.com They are displayed in Spanish (Castilian), and communication with clients and users, as well as the formalization of the contract, will be carried out in said language.
4. Intellectual and industrial property.
All content published in the store and especially the designs, texts, graphics, logos, icons, buttons, as well as the software, trade names, trademarks or industrial drawings and any other signs susceptible to industrial and commercial use are subject to intellectual and industrial property rights of Castey.com or third parties who own them and have duly authorized their inclusion on the website.
In no case will it be understood that any license is granted or that there is a waiver, transfer, assignment, in whole or in part, of said rights, nor that any right or expectation of right is conferred, and especially, of alteration, exploitation, reproduction, distribution or public communication of said contents without the prior express authorization of Castey.com or the corresponding owners.
The use of the Castey.com website for public or commercial purposes is therefore prohibited, and the content of the website may not be exploited, reproduced, distributed, modified, publicly communicated, transferred, transformed or used. The introduction of hyperlinks for commercial purposes on websites other than Castey.com that allow access to our website is expressly prohibited without prior consent. In any case, the existence of hyperlinks on websites other than ours will not imply in any case the existence of commercial or business relations with the owner of the website where the hyperlink is established, nor the acceptance by Castey.com of its contents or services.
5. Responsibility of Castey.com
The products presented on the website comply with Spanish legislation. Castey.com or its telephone sales service cannot be held responsible for products that do not comply with the legislation of the countries to which they may have been sent based on the customer's order. It is therefore up to customers outside Spain to verify the possibility of importing or using the products they order from us.
Access to the website is voluntary and, therefore, the responsibility of the user, who will be responsible for any direct or indirect effect arising from the use of the website or telephone service, including, but not limited to, any adverse economic, technical and/or legal result, as well as the disappointment of expectations generated by our website, the user being obliged to hold Castey.com harmless from any claims arising directly or indirectly from such events. Castey.com shall not be liable for any damages that may arise from interference, omissions, interruptions, computer viruses, breakdowns and/or disconnections in the operational functioning of this electronic system or in the computer devices and equipment of users, caused by reasons beyond the control of Castey.com which prevent or delay the provision of services or navigation through the store, or for delays or blockages in use caused by deficiencies or overloads of the Internet or other electronic systems, or for the impossibility of providing the service or allowing access for reasons not attributable to Castey.com, due to the user, third parties, or cases of force majeure. Castey.com does not, in general, control the use that users make of the website.
In particular, Castey.com is not responsible in any case for users using the website in accordance with the law, these General Conditions, generally accepted morality and good practices and public order, nor for doing so in a diligent and prudent manner.
6. Obligations of clients and users.
In general, the user is obliged to comply with these general conditions, as well as to comply with the special warnings or instructions for use contained therein, on the website or in the telephone sales process and to always act in accordance with the law, good customs and the requirements of good faith, using due diligence, and refraining from using the website in any way that may prevent, damage or deteriorate its normal operation, the assets or rights of Castey.com, its suppliers, other users or in general any third party. Access and use of the portal by minors without the express consent of their parents is prohibited. Castey-online.com is not responsible for the veracity and accuracy of the data filled in by the user and therefore cannot verify their age. Specifically, and without this implying any restriction to the previous section during the use of the website domain. www.castey.com The user agrees to:
- a) Provide truthful information about the data requested in the user registration form or when placing an order, and keep them updated.
- b) ) Not to introduce, store or distribute on or from the website, any information or material that is defamatory, insulting, obscene, threatening, xenophobic, incites violence or discrimination based on race, sex, ideology, religion or that in any way violates morality, public order, fundamental rights, public freedoms, honor, privacy or the image of third parties and, in general, current regulations.
- c) Not to introduce, store or distribute through the store page any program, data, virus, code, or any other electronic or physical device that is likely to cause damage to the website, any of the services, or any of the equipment, systems or networks of Castey.com, any other user, Castey.com suppliers or in general any other person, whether physical or legal.
- d) Diligently keep the "username" and "password" safe, assuming responsibility for any damages that may arise from misuse of them.
- e) Not to carry out advertising or commercial exploitation activities through the website, nor to use the contents and information contained therein to send advertising or messages for any other commercial purpose, nor to collect or store personal data of third parties.
- f) ) Do not use false identities or impersonate others when using the website or any of its services.
- g) Not to destroy, alter, use for your use, render useless or damage the data, information, programs or electronic documents of Castey.com, its suppliers or third parties.
- h) ) Not to introduce, store or distribute through the store page any content that infringes the intellectual or industrial property rights or trade secrets of third parties, or in general any content of which you do not have, pursuant to law, the right to make available to a third party.
The customer undertakes to facilitate delivery of the requested order, providing a delivery address where the requested order can be delivered during normal merchandise delivery hours. In the event of non-compliance by the customer with this obligation, Castey.com shall have no liability for any delay or impossibility of delivery of the order requested by the customer.
7. Communication and security.
Our secure server guarantees the privacy of the data you transmit to us. This privacy is achieved through the SSL protocol, encrypting the data sent using the RSA encryption system, so that no one can appropriate it because they do not have the necessary key. Your browser is secure if the padlock symbol appears in the URL bar and you can also see that it varies slightly: it no longer begins with http but with https.
8. Privacy Policy
Who is responsible for the processing of your personal data?
The person responsible for data processing will be the company Misipa Global SL, with NIF B20835054 and registered office at Troia Ibilbidea 23, Pab 2B1
20115 Astigarraga, Gipuzkoa (Spain). (hereinafter and interchangeably “CASTEY.COM” or the “Entity”). For the proper management of the processing of your personal data, CASTEY.COM has designated a Data Protection Officer who you can contact to resolve any issue you may have, and you can contact him/her by email. castey@castey.com
For what purposes are your personal data processed?
At CASTEY.COM we may process the personal data collected for the following purposes:
1. Contact: manage the data of users who contact CASTEY.COM through the contact form that the Entity makes available to the user. Likewise, your data will be processed in order to manage the queries that you send us through the channels enabled for this purpose on our website.
2. Registration in the “Castey.com” customer area: manage your registration in the “Castey.com Account” as well as any subsequent data that may be generated through the aforementioned channel, for the purpose of carrying out general administration, maintenance, compliance, development, control and management of the actions you carry out through your Castey.com Account, as well as the management of your relationship with the Entity.
3. Registration for activities and contests organized by Castey.com: Manage your registration and participation in the different activities or contests that Castey.com organizes both for its members and for anyone who is interested in participating.
4. Advertising of our own products and services: Misipa Global SL may send you, by post, email, SMS and other means of electronic communication, advertising of both a general nature and tailored to your characteristics of the Entity itself, related to our own products.
- Advertising of products and services of companies collaborating with Misipa Global SL: your data will be processed in this case for the purpose of sending you, via post, email, SMS and other means of electronic communication, advertising of both a general nature and tailored to your characteristics.
6. Other channels: We may also collect your data through other channels such as telephone, email, app owned by Misipa Global SL or social networks, in which case we will inform you about the purposes for which we will process your data, and where appropriate, we will appropriately collect your consent in each of these channels.
What data do we process and from what source do we obtain it?
The data processed comes from:
• Data provided by you, by completing the forms provided for this purpose.
• Data derived from the provision of the service: indirectly, as they derive from the provision of the service itself and from the maintenance of this activity. This category includes data on navigation through the website.
• Data obtained from marketing studies in which you have agreed to participate and have given consent to be used.
Depending on the service, the data processed covers the following types:
• Identification data (e.g. name, surname, ID document, postal address, email address, telephone number).
• Data on purchases made by you.
• Commercial information data (e.g. interests in certain products).
What is the legal basis for processing your data?
The processing of your data relating to “Contact”, “Registration in the Castey.com area”, as well as any other communication channel at your disposal, is based on the maintenance of your request and, where appropriate, for the provision of the contracted services. Sending advertising for your own products, may be based on the legitimate interest of Misipa Global SL, when the products offered are closely related to the products you have purchased from MISIPA GLOBAL SL. In all other cases, as well as when the advertising is from third parties, as well as in the profiling of your purchases to send personalized offers, the processing will be based on the consent that is duly requested from you.
To whom is your data communicated?
The personal data processed by CASTEY.COM to achieve the purposes detailed above may be communicated to the following recipients depending on the legitimate basis of the communication. By virtue of the above, the following data communications seek to guarantee the correct development of the contractual and/or commercial relationship and to comply with the legal obligations of CASTEY.COM:
• Public Organizations and Administrations.
• Financial institutions (for the management of collections and payments)
• Companies belonging to MISIPA GLOBAL sl.
• Courier and transport companies with which MISIPA GLOBAL sl performs the shipping service.
How long will we retain your data?
Personal data will be kept for the time necessary to provide the service or as long as you do not withdraw your consent. Subsequently, the data will be deleted in accordance with the provisions of data protection regulations, which implies their blocking, being available only at the request of Judges and Courts, the Public Prosecutor's Office or the competent Public Administrations during the limitation period for any actions that may arise and, after this period, their complete elimination.
What are your rights?
Any interested party has the right to obtain confirmation as to whether or not MISIPA GLOBAL sl is processing personal data concerning them. Likewise, as provided for in the General Data Protection Regulation, you have the following rights:
• Access your data: You have the right to access your data to know what personal data we are processing that concerns you.
• Request rectification or deletion of your data: in certain circumstances, you have the right to rectify any personal data that you consider to be inaccurate and that concerns you, and that is being processed by MISIPA GLOBAL sl or even to request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.
• Request the limitation of the processing of your data: in certain circumstances, you will have the right to request that we limit the processing of your data, in which case we inform you that we will only retain them for the exercise or defense of claims as provided for in the General Data Protection Regulation.
• To the portability of your data: in certain circumstances, you will have the right to receive the personal data concerning you, and which you have provided to us, in a structured format for common use and machine reading, and to transmit it to another data controller.
• Object to the processing of your data: in certain circumstances and for reasons related to your particular situation, you will have the right to object to the processing of your data, in which case we will stop processing them unless there are compelling legitimate reasons, or the exercise or defence of possible claims.
You also have the right, at any time, to object to the sending of advertising by electronic means that we send you, both our own and that of third parties, and to withdraw any of your consent, without affecting the legality of the processing based on the consent prior to its withdrawal. You may exercise the rights described above by means of a written request addressed to MISIPA GLOBAL sl at the postal address Troia Ibilbidea 23, Pab 2B1,
20115 Astigarraga, Gipuzkoa, (Spain), indicating “Data Protection” in the subject line or by sending an email to castey@castey.com. Finally, we inform you that you can file a claim with the Spanish Data Protection Agency, especially when you have not obtained satisfaction in the exercise of your rights. You can contact them through their website: www.agpd.es.
9. Shipping costs.
Shipping and/or handling costs are not included in the price and will be shown to you for your express acceptance before finalizing your purchase, depending on the shipping address of each order and the delivery method you have chosen.
10. Placing the order.
To place an order you need to connect to www.castey.com, and complete the electronic form that appears at any time on the store's website and following the instructions indicated therein. Castey.com provides the user with all the necessary technical means to identify and correct errors in the introduction of their data in the different forms that will appear on the screen during the purchasing process.
Order data that has already entered the shipping preparation process cannot be modified.
After registering, and to proceed with the purchase of products, you must add the product you wish to purchase to the basket, according to the instructions on the screen, completing the order form provided for this purpose and validating it.
The prices and offers presented on the website are valid only and exclusively for online orders placed at www.Castey.com, or its telephone sales service and may not coincide with the prices and offers in effect at other Castey brand stores in Spain. All prices published on our website include indirect taxes.
The validation of the order by the client expressly implies the knowledge and acceptance of these general contracting conditions as part of the conclusion of the contract. Unless proven otherwise, the data recorded by Castey.com constitute proof of all transactions carried out between MISIPA GLOBAL sl and its clients. MISIPA GLOBAL sl will archive the electronic document in which the contract is formalized and it will be accessible.
Once the purchase has been made and as soon as possible, always within 24 hours of making the purchase, Castey.com Customer Service will send you a receipt of the purchase by email. If you do not agree with the details entered in said confirmation, you may request that they be modified or the contract cancelled.
MISIPA GLOBAL sl., after express acceptance of these conditions, will issue an electronic invoice, which, once the order is paid, will be issued by the system and sent by email to the email address you provided us in the purchase form, except in telephone orders or in the payment by transfer method, in which our Customer Service will issue and send you the corresponding invoice at the time you make the payment for the purchase. MISIPA GLOBAL, SL. advises that sales invoices cannot be modified once they have been issued, without prejudice to the right to obtain a corrective invoice in the cases provided for in current regulations (Royal Decree 1619/2012, of November 30, which approves the Regulation governing billing obligations). The invoice is issued in the name of the natural person or company that appears at the billing address when the order is placed, so you must ensure that you place the order with the correct billing address.
Customers may request a VAT refund under the Travellers Regime if they have their habitual residence outside the European Union, in the Canary Islands, Ceuta and Melilla, their purchases do not constitute commercial shipments and they leave the EU within three months of their acquisition.
To request a refund, the customer must send an email to castey@castey.com, when their order is shipped from our warehouses, attaching the invoice and a copy of their Passport, NIE or NIF. Within approximately 72 hours of their request, they will receive the DIVA form from Planet Payment (Tax Free). With this document they must go to the DIVA interactive terminals located at Customs (port, airport, etc.) for processing.
11. Product availability.
The selection of products offered on www.castey.com is valid as long as the products are visible on the website, within the limits of available stock. As this is e-commerce, stock is updated online, so it may happen that during the purchase process the stock runs out, and therefore, in these cases, it is not possible to continue with the purchase that has been started. Therefore, in the event that the request exceeds the stock, the products will be sold in the order of temporal priority of the request.
Our commitment to deliver from our warehouse is 24-48 business hours.
In addition to these availabilities, we must add the delivery times that the transport operators we work with may have. These times are calculated on working days - Monday to Friday - since castey.com does not make shipments on holidays, Saturdays or Sundays.
In the event of a stock shortage or temporary unavailability of an item, castey.com will contact you to inform you and give you a new delivery date or, if it is not possible to deliver the product, proceed to cancel it or, alternatively, you will be offered, without this implying an increase in price, a product with similar characteristics that has the same or even higher quality. In any case, a delay in delivery with respect to the indicated deadlines will not entitle the customer to demand any compensation.
12. Shipping times.
The general delivery time in mainland Spain is 48 hours, but it can be extended up to 10 working days, excluding Saturdays, Sundays and holidays. This time may vary depending on the type of product. Products are sent to the shipping address you have indicated in the order. In the case of placing an order for several items with different availability, the delivery time will take into account the longest expected delivery. In exceptional cases, castey.com reserves the right to split the order, sending the available items and leaving the unavailable items pending a second shipment. In this case, the second shipment is made at no additional cost.
13. Payment methods.
Castey.com offers you various payment methods so that you can choose the one that best suits you or adapts to your needs:
Payment by Credit Card: You can use Visa, Maestro, Amex. If the POS informs you that the card has been refused, the order will be automatically cancelled, and the customer will be informed online of the cancellation. For payments made with cards issued outside Spain, it is necessary that the issuing bank is covered by the Secure Electronic Commerce Security Protocol (CES). Payments with cards that do not meet this requirement will not be accepted. As an alternative, we offer payment by bank transfer. For security reasons, Castey.com reserves the right not to accept certain transactions made with credit cards. In the event that the order is cancelled once it has been charged, the amount charged will be refunded at that time to the original credit card on which the charge was made. In these cases, and if the customer is interested in progressing with the purchase of the items, they may repeat the order by selecting bank transfer as the payment method.
Payment by Transfer: This payment method is limited to orders with a value greater than 100 euros. After placing your order, the system will send you an email with instructions for payment by bank transfer. You have a period of 2 working days to order the bank transfer after placing your order. The order will not be considered effective until we confirm the corresponding payment and therefore, delivery times begin to count from this date.
Payment with PayPal: This payment method allows you to pay with your PayPal account quickly and safely, without sharing financial information with Castey.com. You will be redirected to the secure PayPal website, where you will enter your PayPal account credentials, accept the payment and then to www.castey.com, where we will confirm your order. Once you have received the order confirmation, PayPal does not allow you to change the shipping address. When using this payment method, you will only be charged for the items shipped and at the time of preparation for shipment. A pre-authorization for the total amount of your purchase will appear in your bank account. This pre-authorization will be automatically released after 7 days, depending on your bank. See all the details in your PayPal account.
14. Right of withdrawal.
If you are not satisfied with the products purchased exclusively from www.castey.comYou have the right to withdraw from the contract by returning your purchases in our own online store, in accordance with the provisions set forth in the following paragraphs.
Period for exercising the right of withdrawal: You may exercise your right to withdraw without giving any reason within a period of 14 calendar days. If you return the product without its original packaging, the product may lose value.
The withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, received the goods. If in the same order you have purchased multiple goods that have been delivered to you separately, the withdrawal period will expire 14 calendar days after the day on which you or a third party indicated by you, other than the carrier, received the last of those goods.
How to exercise the right of withdrawal:
To exercise the right of withdrawal regarding products purchased exclusively from www.castey.com, you must express your unequivocal decision to withdraw from the contract, you must contact our Customer Service by sending an email to castey@castey.com to unequivocally express your decision to withdraw from the contract.
The right of withdrawal will be deemed to have been exercised within the deadline when you have sent us the communication regarding the exercise of this right before the end of the corresponding deadline, in the terms indicated above.
Consequences of withdrawal: If you exercise your right to withdraw from the contract, we will refund all payments we have received from you, including delivery costs, unless you have chosen a delivery option other than the least expensive standard delivery, in which case the resulting additional costs will not be refunded, without undue delay and in any case no later than 14 calendar days from the date on which you inform us of your decision to withdraw from the contract. However, reimbursement may be withheld until we have received the goods back or until you have supplied proof of having sent back the goods, whichever is the earliest.
We will proceed to make the refund using the same payment method used for the purchase, without you incurring any costs as a result of the refund, except for the costs of returning the product. In all cases, the products to be returned must be in perfect condition and with the manuals, accessories or gifts, checks, coupons, or any kind of promotional benefits, if applicable, included. If the product is returned without its original packaging, the product may lose value.
The right of withdrawal will not be applicable to contracts that refer to:
The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery
In the case of promotions in which several independent items are purchased as part of the same pack (3 for 2, 2 for 1 and similar), in the event of withdrawal, all products included in the promotion must be withdrawn.
The right of withdrawal regulated in this section will only be applicable to products purchased solely and exclusively through www.castey.com, so in no case will it be applicable to products purchased in a physical store or any other physical or online establishment.
The consumer shall only be liable for any decrease in the value of the goods resulting from handling them other than that necessary to establish their nature, characteristics or functioning.
15. Incidents in the delivery of products.
Without prejudice to and completely independent of the right of withdrawal and the legally recognized guarantee on non-compliant products, the circumstances that may cause an incident in the delivery of your product are the following:
a) Product damaged during transport: If at the time of collection or delivery of the product you detect any damage to the packaging or product, you must reflect it in the POD (proof of delivery) of the carrier and contact our Customer Service via email castey@castey.com, as soon as possible, to report the incident.
- b) Product that, by mistake, does not correspond to the order: This must be communicated within 14 calendar days. Castey.com will cover the costs of collecting the wrong product and delivering the one corresponding to the order placed.
16. Product warranty.
The warranty period is two years from the delivery of the product, although it does not include defects caused by negligence, knocks, incorrect use or improper handling, incorrect installations not carried out by authorized Technical Services where applicable, etc., or materials that are worn out by use.
Castey.com reserves the right to request verification from the brand's official technical service of the origin of the problem or cause of the lack of conformity.
In the event of a defect caused by misuse, the repair will be chargeable. In those cases that justify the application of the guarantee, the option will be to repair, replace the item, reduce the price or return it, in accordance with the legally established terms. These procedures will be free of charge for the consumer and user.
In the event that you need to exercise the warranty right on your product, you can do so by contacting Customer Service at the email account castey@castey.com .
17. Applicable legislation. Dispute resolution. Submission to jurisdiction.
These General Conditions are governed by Spanish law. The parties agree to resolve any disputes and expressly waive any other jurisdiction by submitting to the courts and tribunals of Barcelona (Spain):