1. PURPOSE, AIM AND SCOPE
The present Terms & Conditions govern the sale of products and services offered and the advertising directed to users/customers by Amonite Labs S.L., trading company that operates through the Internet from the website KrakenMachines.com offering customers gaming machines, game consoles and any other products which may be added in the future. These conditions also regulate the rights and obligations of the parties relating to the transactions of sale concluded between them.
The following clauses provide the framework contract that all users accessing the webpage KrakenMachines.com are required to know and accept. For the purposes of these Conditions, the term "user" includes any person accessing the website KrakenMachines.com, either directly or from any other website.
The services offered by Amonite Labs S.L. on this website are governed by the conditions included in this contract. Amonite Labs S.L. reserves the right to modify all or part of these Terms and Conditions, and will apply the new Terms and Conditions agreed from the time of its publication on the website. In any case will those amendments have retroactive effect on the products or services previously contracted by users.
These Terms are binding on both parties and are an integral and inseparable part of the sales contract which effectively operates at the time of signing the order at the request of the client, through contracting mechanisms that will be specified later, all in accordance with the provisions of Article 1255 of the Spanish Civil Code, which enshrines the principle of freedom of contract and agreements between the contracting parties. For all practical purposes we will understand that the user accepts the conditions and rules of use expressed here and expressly agrees to them when placing an order.
To ensure in full the rights of Amonite Labs S.L. customers and users, these General Conditions are established in accordance with the provisions of the Spanish law, particularly the Law 7/98 on General Conditions of Contract (April 13), Law 7/96 on Retail Trade Conditions (January 15), Spanish Civil Code, Directive 2000/31 EC of the European Parliament and of the Council (June 8), Law 34/2002 on services of the information society and electronic commerce (July 11), Spanish Royal Legislative Decree 1/2007 (November 16), approving the revised text of the General Law for the Defence of Consumers and Users and other applicable laws and their implementing regulations.
2. IDENTIFICATION AND BUSINESS NAME OF THE BIDDING COMPANY
Clarity and transparency of information:
Amonite Labs S.L., with address at Calle Manuel Tovar 26, 28034 Madrid (Spain), registered in the Commercial Registry of Madrid, Volume 31509 of the GNE section, Folio 156, Page 567130, VAT number B-86840980, provides an electronic sale service on the Internet at its website KrakenMachines.com.
Its contact email is firstname.lastname@example.org.
Its contact telephone number is +34 91 091 1561.
The address for claims corresponds to the registered address of the company.
3. LEGAL CONDITIONS OF PROVISION OF SERVICE AND RESPONSIBILITY
Amonite Labs S.L., in compliance with the provisions of art. 10 of the Law 34/2002 (11 July), through its website and these Terms and Conditions, provides access through electronic means in a permanent, easy, direct and free way to the comprehensive information of its company name (tax data, registry data, registered and communication addresses), as well as customer data, with exclusive access thereto, that are held by the company.
Also, according to the aforementioned Spanish Royal Decree 1/2007, it offers customers both pre-contractual information (see General Conditions, as well as additional information on the different sections of the web) and confirmation of legally compelled information.
4. USER / CUSTOMER ACCESS CONDITIONS
The user of Amonite Labs S.L. website is entitled to access the public information contained therein freely and without costs, though Amonite Labs SL reserves the right to restrict access to information, promotions and special offers to registered customers.
Any user accessing Amonite Labs S.L. website has the right to register as a customer and can therefore benefit from the special offers for the group of registered customers if he/she meets the specific conditions of the offer for each product specified.
The public information contained in the webpage Amonite Labs SL, referring to both the company's own brands, products, logos, etc. of wholesalers and manufacturers of the products and services are protected by the laws on intellectual property that forbid the copy, transfer, assignment, sale or use of its on-line publications, with the exception of advertising purposes, by the customer/user without the express consent of Amonite Labs S.L., the product manufacturer or the trademarks and logos owner, on the terms provided in paragraph XI of the Rights of Intellectual Property.
Exceptions to the statement in the preceding paragraph are those contents expressly published under a non-restrictive license such as Creative Commons, and in particular the texts available in the 'Blog' section of the website.
Before placing an order of purchase of any products offered by Amonite Labs S.L. the customer/user must register their personal data and circumstances that are necessary to formalize the contract of sale (name and surname or company name, ID / VAT number, address, email address, phone number, etc.).
The user may only contract services or place orders if he/she is of legal age. Otherwise, the responsibility for the orders placed by minors will be borne by the parents or legal guardians of the child.
To place orders on the website, each customer will provide Amonite Labs S.L. with their personal data voluntarily and at his/her own risk.
All fraudulent or false personal data provided by customers may be considered as a crime of falsification of commercial documents.
Amonite Labs SL may offer the customer a personal registration system through a customisable login and password to facilitate future purchase transactions for the customer. In this case, the customer may designate his/her desired login and password, provided they are available or not assigned to other customers. We will not accept logins or passwords containing immoral, offensive, insulting or discriminatory words, or those that contravene the provisions of the law, or those with terms concerning brands, products or services protected by the laws or regulations on Intellectual Property, Industrial Property or those contrary to the to rights to privacy, honour and self-image.
The customer is committed to ensuring the confidentiality of his/her own login and password. Amonite Labs S.L. declines any liability for the misuse or negligence of the customer fulfilling its obligation of confidentiality with respect of his/her passwords.
5. PROCESS OF OFFER AND ACCEPTANCE
Amonite Labs S.L. reserves at all times the right to unilaterally modify the price of products and services offered through its website. To guarantee the customer of the assurance and security of the price of its products, the price will correspond to that appearing on the advertising at the moment the order was placed.
In the process of electronic purchase the following steps will be followed according to the options menu appearing on Amonite Labs S.L. website:
Information about the product offered to the customer: it includes the specifications, description, warranty, guidance photographs (if any).
Information about product price: final price information or retail price of the product to purchase, containing the final cost to the customer in the same order and including VAT, shipping costs and insurance for damage derived from transport and handling. The final cost will therefore be reported to the customer in the electronic purchase process before he/she formalizes its acceptance within the Shopping Cart section.
Any discounts or promotional gifts are freely directed by Amonite Labs S.L. to the groups designated at any time by Amonite Labs S.L., or depending on the offered product, under the existing advertising at any time on its website.
Order acceptance: at the time of placing the order, the customer/user must explicitly approve that he/she has read and agreed to the terms expressed in this purchase agreement that binds the parties. Amonite Labs S.L. will store the order electronically unless there is a reasonable typesetting error, in which case the order will not be processed.
Amonite Labs S.L., after the acceptance of the order, will inform the customer thereof by sending the order confirmation by email to the address provided by the user during the purchase process.
The commitment made by Amonite Labs S.L. to sell and deliver the goods is subject to stock availabity of the advertised product and its availability while stocks last, so Amonite Labs S.L. in its commitment to quality and customer service tries at all times that the advertised products are available. However, in exceptional circumstances such as abusive orders, interactive multiple orders or those which cause the lack of product stock, the order and the contract between the parties shall have no effect under this clause, and the money paid by the customer shall be returned fully if he/she already paid the product.
Payment methods for the customer
The following payment systems are established:
Amonite Labs S.L. will issue a paper invoice and send it with the order to the address designated by the customer.
Amonite Labs S.L. warns that in compliance with regulations it will not be possible to change sale bills after invoicing (Spanish Royal Decree 1496/2003 on invoicing standards, as amended by the Spanish Royal Decree 87/2005). The invoice will be issued in the name of the person or company placing the order, so the customer must ensure to place the order with the correct name. No further changes will be possible.
Amonite Labs S.L. warns that due to personal data protection we will only issue duplicate bills to the holder of the contract. We will not issue duplicate bills to third parties. Amonite Labs S.L. will send duplicate bills by email, fax or other means only to the address designated by the contractor. Once the warranty period has expired, we may not issue more duplicate bills.
The sale is limited to two (2) units per order. If the customer wants to buy more units he/she should contact Amonite Labs S.L. through any of the contact methods specified where he/she will be told how to do buy them.
Delivery time of purchased products:
As set out in Article 103 of the Spanish Royal Legislative Decree 1/2007, the period of delivery shall be of thirty days maximum for the actual delivery of the product from the time that we acknowledge actual payment by any of the means listed above.
The usual delivery of the goods will be short and will depend on the location where they are to be delivered to the customer.
In case the maximum target deadline is exceeded, and provided that the delay is attributable to Amonite Labs S.L., the customer, upon written complaint (by email or postal mail) may unilaterally cancel the order, and will be returned the amounts paid in the event of prepayment, in response to articles 103 and following of the Spanish Legislative Royal Decree 1/2007.
Location and method of delivery:
The order will be delivered to the address designated by the customer at the time of the procurement contract. The subsequent changes in the place of delivery requested by the customer will only be possible before the order leaves the warehouse and will generate additional costs on the selling price which will be at the buyer's expense. Changing the delivery address once the order is delivered to the carrier will not be possible unless the customer bears the cost and it is expressly agreed between the parties. The goods will be delivered to the customer by a carrier, along with the packing slip including the data to identify the customer, the order and the number of packages in the shipment.
Packages cannot be shipped to PO Boxes or Postal Codes.
The goods are at all times covered by insurance against transport risks, loss and damage during shipping and handling.
Important: the customer must ensure that the package is received in good condition externally. Otherwise, he/she must note this fact on the delivery note, reject the shipment and post written notice to Amonite Labs S.L. within the next 24 hours. In case of product damage or lack of conformity due to its transportation (which may not be obvious at the time of delivery or is not visible externally), the user must notify Amonite Labs S.L. in writing within five calendar days after reception.
Those goods that have not been delivered within seven working days since leaving Amonite Labs S.L. facilities for reasons not attributable to the seller will be returned to the seller, and the amounts paid for the product will be returned, excluding the forwarding expenses.
Delivery of large products:
Large products such as arcade cabinets will be delivered to halls or vestibules, and the carrier has no obligation to carry them upstairs, particularly in those properties that do not have a properly sized lift.
The collection of large product returns will take place in the same hall or vestibule as the delivery, as the carrier has no obligation to carry them down.
6. PRODUCT WARRANTY
The warranty of the products sold by Amonite Labs S.L. is provided and set under the rules contained in the current legislation, in particular in the aforementioned Spanish Royal Decree 1/2007, Article 114 and the following, a legal framework aimed at facilitating consumer options for remedies when the purchased product is not in accordance with the contract, giving him/her the option to require the repair or replacement of the goods, unless one of these is impossible or disproportionate. When the repair or replacement is not possible or is disproportionate, the customer can claim a reduction of the price or the contract termination.
In case of lack of conformity with the product, a period of two years upon delivery is granted for the buyer to exercise his/her rights. However, in accordance with Article 114 and the following of the Spanish Royal Legislative Decree, only in the next 6 months after delivery shall be presumed that the lack of conformity already existed at the time of delivery, so the buyer must prove in the remaining 18 months (i.e., from the seventh month to the end of the two-year period) that he/she was dissatisfied with the good.
Under the Spanish Royal Decree, the seller is obliged to deliver to the consumer a good which is in conformity with the sale contract on the terms set out therein (Article 114), whereby:
The seller is obliged to deliver to the consumer/user products which comply with the contract, responding in front of him/her for any lack of conformity which exists at the time of delivery.
Amonite Labs S.L. will not be responsible for any damage that may result from improper use, handling or unprofessional installation, or malfunction such as short circuit. The warranty will be void due to factors outside the normal use of the product, such as increases or decreases in tension, use of improper accessories or those prohibited by the manufacturer, drops, water, fire or improper or abusive handling by the customer or by third parties not authorized by the manufacturer.
The calculation of the warranty period shall begin on the day of delivery, as mentioned under the above-named Article 123 of the Spanish Royal Decree.
Subject to the restructuring arrangements described above, and even under full compliance of the good, the customer may cancel his/her order and return it within fourteen working days since the placement of the order, as indicated in the following paragraphs.
The warranty is directed only to the holder (contracting party) that appears on the invoice and only the holder may require it.
Amonite Labs S.L. is not responsible for meeting third-party requirements which have not been acquired directly or through Amonite Labs S.L. and/or are not contained in the sale bill.
7. CUSTOMER RIGHTS
Privacy and security of personal customer data in accordance with the provisions of the Spanish legislation on data protection:
The customer or user shall be entitled to withdraw from the contract within fourteen working days from the placement of the order, after notifying Amonite Labs S.L. within that time for the appropriate return channels to be established (return number, delivery method and delivery address of the returned package), to receive the refund of the price paid for the product, though shipping and handling costs cannot be claimed, all according to the procedure detailed in the section on Returns and Warranty. Amonite Labs S.L. commits to refund that amount within a maximum period of two weeks from the reception of the order in our facilities, as prescribed by the Spanish Royal Decree 1/2007.
We will not consider those costumers and users who without becoming end users acquire, store, use or consume goods or services, in order to integrate them into processes of production, processing, marketing, professional activity or service to others, so they will not benefit from the rights granted to consumers. Amonite Labs S.L. will not accept returns for withdrawal by companies.
Amonite Labs S.L. will accept only minimal product wear to test it in order to make a final decision on its acquisition without altering the conditions of the product at the time of delivery. In case of abnormal use of goods returns will not be accepted. Return shipping costs will be deducted from the price of the product at the time of the refund. In any case will it be possible to manage getting refunds or exchange goods at Amonite Labs S.L. registered address.
Amonite Labs S.L. will not be responsible for returns of products handled by the client, or goods returned incomplete, lacking main elements or accessories. There shall be no right of withdrawal beyond the indicated period or on products which are subject to fluctuations of a market not controlled by Amonite Labs S.L. or on perishable items, items that can be easily reproduced with immediate effect or which by their nature cannot be returned. Nor shall we accept the waiver on goods or orders that may be considered as those requested by the customer for their special characteristics.
In case of wear or deterioration of the good for reasons which are not only due to its testing in order to make a final decision on its acquisition, Amonite Labs S.L. may agree with the customer the appropriate and proportional compensation according to the product deterioration.
Instructions for product delivery (return):
We do not manage return shipments at our facilities; they shall in turn be delivered to the carrier for shipment. To avoid any issues, it is important to ensure that the product is returned duly protected in the original box with the protections designed for this purpose (corks, Styrofoam, bubble wrap, etc.) and avoiding any kind of manipulation.
For any questions concerning the proper product shipping to Amonite Labs S.L., consult with our Customer Service Department through the Contact section on the KrakenMachines.com website.
We shall reject all product returns that do not have the original packaging and/or those which do not contain Amonite Labs S.L. original return form (with RMA number) as detailed in the Returns and Warranty section.
8. CUSTOMER/USER OBLIGATIONS
9. AMONITE LABS S.L. RIGHTS
10. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The rights relating to the intellectual property (including and without limitation: brands, logos, text, photographs, icons, images, etc., as well as graphic design, source code and other software elements contained on the website KrakenMachines.com) are owned by Amonite Labs S.L. or by the wholesale companies and manufacturers of the products and services offered. Therefore they are subject to intellectual property rights and protected by both the Spanish and the international law.
Without prior written permission in a reliable form by Amonite Labs S.L., or the wholesaler or manufacturer of the product and holder of the rights, it is not allowed to use, copy, distribute, reproduce, transmit, or manipulate its contents, nor is it allowed any use that is not normal or necessary for visiting the site and using its services.
Access to the services provided by Amonite Labs S.L. do not constitute waiver, transfer or total or partial transfer of rights arising from intellectual or industrial property, nor does it assign rights to use, modify, exploit, reproduce, distribute or communicate these contents publicly without the prior express written consent of the respective owners of such rights, without prejudice to the right to view and obtain a private backup of such content, provided that such right is exercised according to the principles of good faith and that the intellectual property of the owner of such rights is kept unchanged, it is used for non-commercial purposes only and solely for your personal information.
The liability for the use of rights protected by the intellectual and industrial property of third party contents in this page in an illegal way or one which violates morality, honour or privacy and good faith, rests solely with the user, exempting Amonite Labs S.L. in any case to any liability arising from such conduct.
11. EXEMPTION OF LIABILITY
Amonite Labs S.L. is not liable for interruptions that occur in electrical or telecommunications services that prevent customers from using the services offered.
12. PROTECTION OF PERSONAL DATA
The information received by Amonite Labs S.L. through its website will be treated with the utmost confidentiality. Amonite Labs S.L. will observe at all times the existing rules on data protection, in particular, the Spanish Organic Law 15/1999 (December 13), on the Protection of Personal Data, and will take the necessary measures in relation to such data to avoid its alteration, loss, and unauthorized access so that its employees will observe those requirements as well as the duty of confidentiality on the data object of protection and other applicable confidentiality obligations. Furthermore, it agrees not to use the personal data of site users for means other than the procurement of the services it provides.
According to the current legislation, Amonite Labs S.L. collects personal data from its customers and includes them in a file it holds and whose treatment is exclusively meant for the purpose of managing the orders requested to the Company and answer queries that users can make. The entity responsible for the files is Amonite Labs S.L.
The user must provide the personal data and circumstances required to register as an Amonite Labs S.L. customer and formalize the purchase agreement (name or company name, ID/VAT number, postal address, email address, phone number). Registration of this data is mandatory, rendering impossible the incomplete filling of the user's data or providing incorrect data, so that Amonite Labs S.L. can properly manage the orders placed.
Amonite Labs S.L. requests additional personal information for statistical purposes that let it know the user's profile. The user can skip or fail to communicate any data or personal circumstance that is not absolutely necessary for a registered customer or the execution of the purchase.
The data may be used by Amonite Labs S.L. in order to send the user information about offers and advertising to the email address provided, to which the customer expressly consents; however, the customer may choose at any time to reject receiving such information by sending an email to that effect.
Similarly, the client consents expressly that Amonite Labs S.L. submits such data to companies or banks for the management of transportation and the collection of the order. Amonite Labs S.L. may also perform other data communications provided by the law.
Rights of access, rectification, cancellation and objection:
Amonite Labs S.L., recipient entity of the data collected on this page, is committed to respect and provide the parties concerned with the exercise of the rights recognized by the law and in particular the rights of data access, rectification, cancellation and objection, if pertinent. Such rights may be exercised by the user or, if applicable, by his/her representative, through a written and signed request to the following address: Calle Manuel Tovar 26, 28034 Madrid (Spain).
Safe data treatment, computer processing and custody of data:
Amonite Labs S.L. declares and warrants that it maintains security levels for the protection of personal data as provided by the existing law, and has established all the technical means at their disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by users. All this notwithstanding the fact that the user expressly accepts that Internet security measures are not impregnable.