1. Identification of the holder, acceptance of the Terms and Conditions of Use and access to the Website.
These Terms and Conditions of Use regulate the access and use of the website owned by KAME RETAIL, S.L. (hereinafter, "DBZFREAKS").
In compliance with article 10 of Law 34/2002, of 11 July, on Information Society Services, the details of the owner of the website are indicated below:
Holder: Kame Retail S.L.
Registered office: C/ Sant Martí de Tous, 5 (Bajos) 08700 Igualada, Barcelona
Registry Data: Sociedad inscrita en el Registro Mercantil de Barcelona al Tomo 46012, Folio 148, Sección 8, Hoja B-506714, Inscripción 1,
Telephpne: +34 657 46 25 91
Users may submit any complaint or claim addressed to the e-mail and/or postal address indicated above.
Through the website, you will have the possibility of acquiring collectibles related to the Manga sector, which are not offered as toys or other items of a durable nature.
Please read these Terms and Conditions of Use carefully before using and accessing this online store. Access and/or use of the Website owned by DBZFREAKS implies acceptance of these Terms and Conditions of Use, as well as the various modifications that DBZFREAKS may include in the future in this legal text.
Access to and browsing of the Website shall not require the registration of Users and shall be completely free of charge. However, the foregoing, to place orders through the Web Site will require the creation of a user account, as well as the express acceptance of the Terms and Conditions of Use.
This Website has been developed by DBZFREAKS with the purpose of offering Users the possibility of buying figures of manga characters such as Dragon Ball, Naruto, One Piece and Street Fighter, among others.
In addition, the website also offers merchandising products for manga characters (all hereinafter referred to as "the Products").
3.- Functioning of the Web Site and modalities of sale of products
The Website makes available to Users the following options for the acquisition of the Products offered therein:
Purchase of Products in Stock: DBZFREAKS will indicate in the Web Site those Products that are available in Stock, and that therefore the users can acquire at the moment in which they wish to buy them. Products in Stock are listed on the website. When a product is set to 0 it automatically disappears from the list of products, so that only products with Stock are enabled.
Pre-sale of Products: The Web Site offers Users the possibility of booking Products before they go on the market. When the User acquires a figure in the pre-sale mode, is reserving a unit of that item at the price marked at the time of purchase.
As a general rule, products tend to rise in price as the launch date approaches. With the pre-sale model, you are reserving that figure at the price you set at that particular moment, as it may later increase the price of that item.
Shipments are made based on the date of purchase, so the sooner the User makes his reservation, the more likely it will be of the first customers to receive it.
When the pre-sale of the Products is made available to the User, it is indicated together with the title of the Product, that is to say, accompanying the title of the article with PRE-SALE or PRE-ORDER, and in addition the description offers an estimated date in which the Product will be launched to the market.
In accordance with the foregoing, if once the order has been placed the Product is not available, the User will be informed, offering the possibility of delaying delivery or replacing the Product with a similar one, or failing that, refund the amount paid.
4.- User Account
The Web Site offers Users the possibility of creating an account through an online form that must be completed with the data required therein.
Users will be fully responsible for the use of their User account. Consequently, Users are responsible for the proper custody and confidentiality of the User name and/or passwords that allow access to their account, and agree not to transfer its use to third parties, either temporarily or permanently, or to allow access to third parties.
By virtue of the foregoing, Users must immediately notify DBZFREAKS via e-mail email@example.com of any improper use of their User name and/or password, due to circumstances such as theft, loss or unauthorised access to the same, so that DBZFREAKS may proceed to cancel or block and/or disable it as soon as it is aware of the improper use of their User Account. Until such facts are communicated, DBZFREAKS will be released from any liability that may arise from the misuse of User names or passwords by unauthorized third parties.
5.- User Conduct on the Website
Users undertake to make lawful, diligent, honest and correct use of any information or content accessed through the Website, and all under the principles of good faith and respecting at all times the law and these Terms and Conditions of Use.
Users shall not register or communicate data that are not true, accurate, complete and/or updated, nor access the Website using the name, identifying data or password of another User or impersonate any person or identity.
Likewise, DBZFREAKS can provide access to a multitude of texts, graphics, drawings, designs, codes, software, photographs, images, expressions, information, etc. (hereinafter, the "Contents") belonging to DBZFREAKS or to third parties.
The User assumes responsibility for the use of the Website. This responsibility extends to the registration that, where appropriate, is necessary to access Content or services provided by DBZFREAKS.
In accordance with the foregoing, by accessing the Website you agree to make appropriate use of the Content and services offered by DBZFREAKS. The user will not use the Contents and services with the purpose of (i) incurring in illicit, illegal activities or contrary to good faith and public order; (ii) causing damage to the physical and logical systems of DBZFREAKS, its suppliers or third parties, (iii) introducing or spreading on the network computer viruses or any other physical or logical systems that are likely to cause the aforementioned damage. Please note that this list is not exhaustive.
In any case, DBZFREAKS reserves the right to deny any attempt to access the Website, cancel accounts, delete or modify content, or cancel the provision of Services in cases where incorrect use of the Website occurs.
6. Shipments, stock and return of amounts paid
DBZFREAKS sends orders to Spain (peninsula), the Canary Islands, the Balearic Islands, Ceuta, Melilla, Andorra and other third countries, in accordance with what is indicated on the Website in the section on calculating shipping rates, which is accessed prior to the formalisation of orders.
Under no circumstances will DBZFREAKS intentionally sell more units than it has.
In the event that the Product is not available after the order has been placed, the User will be informed of this circumstance, offering the possibility of delaying delivery or replacing the Product with one of similar characteristics, or failing that, refund the amount paid, without undue delay.
Similarly, DBZFREAK informs that in the event that the user opts for a refund of the amount paid, and there is an unjustified delay in relation to such refund, the user may claim a refund of double the amounts paid.
7. Prices and means of payment
The prices of the Products indicated through the Website without accessing the user account are expressed in Euros and without VAT or other taxes that may apply.
It is necessary that the user registers and accesses the Website with his User account so that the system recognises the origin of the said Client, and applies the corresponding tax, which will be 21% VAT for all European clients (for non-EU clients this tax will not be applicable). Therefore, Customers who access the Website with their corresponding User account will be able to view at any time the price including the VAT of the Products.
The User will be able to know the shipping costs prior to making the purchase, through the tool for calculating shipping rates enabled for this purpose on the Website.
Once the Product has been chosen, two options will appear next to its price:
Total payment: the figure is paid in full at the time of purchase.
Payment in instalments: at the time of purchase, the User would only have to pay a part of the total price of the product, as specified on the Website, as a reservation for the figure can be removed from stock.
In this case, after making the referred payment of the reservation, we will contact you to agree the conditions of the following payments, taking into account the needs of each customer.
We offer 0% interest on the purchase in instalments, for a maximum of 6 months (5 months + booking). The figure is sent upon receipt of payment of the last installment, or in the case of an order relating to a figure in pre-sale mode, when DBZFREAK receives the figure in your warehouse.
The amount paid as a reservation cannot be refunded after 15 days after payment. The credit generated in this purchase may be used for the acquisition of other figures in our store, but there is no refund option.
The User will be able to pay the amount corresponding to his order through the means of payment accepted in the Web Site:
In any of the options chosen by the User, DBZFREAKS will always send an email to the User confirming the details of the purchase made and the corresponding invoice or receipt once the order has been formalized, that is, after acceptance of these Terms and Conditions and the corresponding payment.
Users are guaranteed that the payment process is carried out with absolute security, in accordance with the protocols and security services required.
The User must notify DBZFREAKS of any undue or fraudulent charge on the card used for purchases, by sending an email to firstname.lastname@example.org, as soon as possible so that DBZFREAKS can make the necessary arrangements.
8. Information about the Products offered through the Web Site
The data included on the Website in the Product descriptions are for information purposes only.
Therefore, DBZFREAKS will not be responsible for the appearance of errors in such information, although we undertake to take all measures in its power to correct as soon as possible the aforementioned errors or omissions after having received a notification about the existence of them
9. Deadlines, place of delivery and misplacement
9.1. Product Delivery
DBZFREAKS undertakes to deliver the Product in perfect condition to the address indicated by the User. In order to optimize the delivery, we thank the Users that can indicate an address in which the order can be delivered within the usual working hours.
DBZFREAKS will not be responsible for errors caused in delivery when the delivery address entered by the User in the order form is inaccurate, does not conform to reality, is false or has been omitted.
Notwithstanding the foregoing, DBZFREAKS undertakes to adopt such measures as may be within its reach, so that the delivery of orders can be made within the agreed time, and if not, as soon as possible, to the satisfaction of the recipient.
9.2. Deadline for delivery and notification
As a general rule, items are shipped within 48 hours of receipt of payment by DBZFREAKS, through the services of transport companies available through our e-commerce.
The User can choose between ordinary shipping, which does not include tracking number or certified shipment, or express shipping, which does include tracking number and certificate of delivery.
Notwithstanding the foregoing, Users are informed that the stipulated delivery dates will be of an estimated nature.
The User must bear in mind that in certain dates and periods of the year, the delivery time of the shipment could be affected, due to the saturation of the transport services. Therefore, it is recommended to reserve and/or purchase the items of interest sufficiently in advance so that they arrive at their destination on the dates desired by the User.
In the event that the User could not be located at home, the courier company will leave a notice telling you where the order is and how to proceed to its collection.
Shipping costs include handling and packaging costs, as well as postal costs. These costs depend on the weight of the package and the destination. In order for all Users to obtain the maximum benefit from the price paid for shipping, below are the transport prices for mainland Spain, which are divided into the following weight ranges:
Up to 2 kg 5.9€ Express
Up to 5 kg 6.90€ Express
Up to 10 kg 7.90€ Express
Up to 15 kg 8.9€ Express
Up to 20 kg 9.9€ Express
Up to 30 kg 11.9€ Express
Up to 50 kg 13.9€ Express
Up to 60 kg 16.9€ Express
The prices mentioned are exclusively for Spain (peninsula). For the Canary Islands, Balearic Islands, Ceuta, Melilla, Andorra and third countries we have other rates which are calculated automatically when adding items to the cart.
9.3. Diligence in delivery
The User must check the good condition of the package with the carrier who delivers the Product requested.
If the User detects any anomaly in the Product, he has 14 days from the date of reception to make the return of the order.
10. Returns Policy and Right of Withdrawal
In the event that the User is not satisfied with the Product received in his order, in accordance with the General Law for the Defense of Consumers and Users, will have a period of fourteen (14) calendar days to return it, without penalty, from the receipt of each Product.
The User will be able to exercise his right of withdrawal taking charge of the expenses that are derived from this procedure.
To formalize the return, the User must complete and send the withdrawal form that accompanies these Terms and Conditions as ANNEX 1 at the end of the Terms and Conditions of Use.
Once this communication has been received, the DBZFREAKS Customer Service team will contact the User to indicate their Incident No. and the way to proceed to make the return.
Each Product to be returned must be in perfect condition, unused and with all its labels, packaging and where appropriate, documentation and original accessories that came with it. If the Product is not returned in its original packaging, the Product may be depreciated.
Once the Product has been received, DBZFREAKS will proceed to return the amounts paid as soon as possible and, in any case, within fourteen (14) calendar days following receipt of the Product in the warehouses of DBZFREAKS.
11.- Warranty, claims and customer service
In the event that the User receives defective products, DBZFREAKS undertakes to respond to the lack of conformity manifested by the User on the product within a period of two (2) years from receipt of the same, carrying out its repair, replacement, or the realization of a reduction in the price or refund of the amounts paid by the User, as appropriate in each case. These steps will be free of charge for the User.
The User must inform DBZFREAKS of the disagreement in relation to the product via e-mail email@example.com. DBZFREAKS will study the case and will contact the User to indicate the procedure for returning the product.
This guarantee will be applied taking into account in any case the nature of the products purchased and the perishable or semi-perishable nature of them.
In addition, Users may manage any claim through the "Customer Service" which can be accessed through the telephone and / or email contact indicated in the Platform:
Telephone: 657 46 25 91
User comments and suggestions are welcome. Please send us such comments and suggestions, as well as any consultation, complaint or claim, through our contact channels: e-mail firstname.lastname@example.org or the postal address Sant Martí de Tous, 5, 08700, Igualada (Barcelona). Complaints and claims will be dealt with as soon as possible and, in any case, within the legally established period.
The User is offered guarantees on the products that have been commercialized through https://www.dbzfreaks.com/, in the terms legally established for each type of Product, responding, therefore, for the lack of conformity of the same that is manifested in a term of two years from the delivery of the product. The Products must conform to the description made on the Website and possess the qualities described on the website, in addition to presenting the usual quality and performance of a Product of the same type that are reasonably expected.
11.- Intellectual and Industrial Property related to the Website
All rights to the content, design and source code of this Website and, in particular, but not limited to, all rights to photographs, images, text, logos, designs, trademarks, trade names, data included on the Website and any other intellectual property rights are owned by DBZFREAKS, or by third parties who have expressly authorized DBZFREAKS to use them on its Website.
Therefore, and by virtue of the provisions of Royal Legislative Decree 1/1996, of 12 April, which approves the revised text of the Law on Intellectual Property, regularizing, clarifying and harmonizing the legal provisions in force on the matter, as well as Law 17/2001, of 7 December on Trademarks and complementary legislation on intellectual and industrial property, The reproduction, transmission, adaptation, translation, distribution, public communication, including the way in which it is made available, of all or part of the contents of the Website, in any medium and by any technical means, is expressly prohibited, unless express written authorisation has been granted by DBZFREAKS.
DBZFREAKS does not grant any licence or authorisation for use of any kind on its intellectual and industrial property rights or on any other property or right related to the Website, and in no case shall it be understood that access and browsing by Users implies a waiver, transmission, licence or total or partial cession of said rights on the part of DBZFREAKS.
Any use of such content not previously authorized by DBZFREAKS will be considered a serious breach of intellectual or industrial property rights and will give rise to legally established responsibilities.
12.- Exclusion of liability
DBZFREAKS does not grant any guarantee nor is it responsible, in any case, for damages of any nature that may derive from the access or use of the contents of the Website. Among others, and without limitation, DBZFREAKS is not responsible for the following circumstances:
i. For the lack of availability, maintenance and effective operation of the Website and/or its services or contents, excluding, to the maximum extent permitted by current legislation, any liability for damages of any kind that may be due to the lack of availability or continued operation of the Website.
ii. The lack of usefulness of the Web Site or the contents for any service.
iii. The content of other Internet pages to which links may be directed or links placed on the Web Site.
iv. The existence of viruses, malicious or harmful programs on the Web Site.
v. Illicit, negligent, fraudulent use, contrary to these Terms and Conditions of Use or good faith, of the Website or its contents by Users, including any infringement of the Intellectual and/or Industrial Property rights of DBZFREAKSo of third parties.
vi. Incidences caused by the lack of due diligence on the part of the User or by improper use of the Website.
vii. The publication through the Website of comments and opinions that infringe the rules mentioned in these Terms and Conditions, applicable law or the rights of third parties.
In cases of force majeure, understood as the failure, suspension or interruption of services or use of the Website as a result of energy restrictions, the blocking of telecommunications or the Internet network, actions or omissions of third parties, telecommunication operators or service companies, supply or transport or any other causes or circumstances beyond the control of DBZFREAKS that prevent normal use of the Website.
DBZFREAKS reserves the right to make as many changes as it deems appropriate in these Terms and Conditions, these changes will be valid from the date of publication on the Website.
14.- Safeguard clause
All the clauses or extremes of these conditions of use must be interpreted in an independent and autonomous way, not being affected the rest of stipulations in case one of them has been declared null by judicial sentence or final administrative resolution. The clause or clauses affected will be replaced by another one or others that preserve the effects pursued by the Terms and Conditions of Use.
15.- Dispute Resolution and Applicable Jurisdiction
These Terms and Conditions are subject to Spanish law.
The parties, in accordance with 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, submit to the Courts and Tribunals of the User's place of residence.
Likewise, and by virtue of the provisions of Regulation (EU) nº 524/2013 of the European Parliament and of the Council, of 21 May 2013, relating to the resolution of on-line disputes in matters of consumption, DBZFREAKS informs that, in the event of controversy, the User resident in the European Union may resort to the "Online Platform for Conflict Resolution" developed by the European Commission, in order to try to resolve out of court any controversy arising from the provision of services by DBZFREAKS.
To access the "Online Platform for Conflict Resolution" you can do so through this link.
How to use the dismissal form?
If you wish to withdraw from this contract, you must give us your reasons and return the Product to us within 14 calendar days from the date of receipt of your order.
If the Product is sent to us after the deadline, DBZFREAKS reserves the right to refuse the package.
In the following, we will tell you how to exercise the right of withdrawal:
Indicate your intention to return the Product using the form below. The form must be correctly completed and sent to the following address:
KAME RETAIL, S.L.
Sant Martí de Tous, 5, 08700, Igualada (Barcelona)
Upon receipt of the withdrawal form that you have sent us to the above address, we will send you to the email that you provide us with the information necessary for you to be able to return the Product purchased to us.
3. Once we receive these documents, the DBZFREAKS customer service team will contact you to indicate your incident number and the way to proceed to make the return.
4. Once we have received your package in our warehouses, the refund will be made and confirmed by an email that will collect all information relating to the transaction.
For more information, we recommend you consult our website https://www.dbzfreaks.com/es/content/12-terminos-y-condiciones-de-uso where the general conditions of sale of our products are detailed.
To the attention of:
KAME RETAIL, S.L.
Sant Martí de Tous, 5, 08700, Igualada (Barcelona)
I hereby give notice that I am terminating my contract for the sale of the following Product:
[Provide a brief description of the Product]
-Ordered on/received on: [indicate date of contract/date of receipt of order]
Date [__] from [__] from [___]