General Terms and Conditions of Sale
The offer and sale of products through our website ("www.theplayacompany.com") are governed by these General Terms and Conditions of Sale.
Products purchased on www.theplayacompany.com are sold directly by CRISTINA NIETO PIÑA ("THE PLAYA COMPANY" or the "Seller"), trading under the name THE PLAYA COMPANY, with registered office in Spain at C/ María Teresa, 17, 28028 Madrid, and tax identification number (NIF) 04.179.828-S.
You may request any information from THE PLAYA COMPANY through our assistance services: contact our Customer Care service.
If you need additional information, please visit our Customer Care section. You will find information regarding orders, shipping, refunds and returns of products purchased on www.theplayacompany.com.
You can contact THE PLAYA COMPANY at any time by email at info@theplayacompany.com or by calling +34 914 022 231.
If you would like further legal information, please consult the Legal section of www.theplayacompany.com, where you will find information about the General Terms and Conditions of Use and our Shipping and Returns.
1. Our commercial policy
1.1 The Seller offers products for sale on www.theplayacompany.com exclusively to end users who are "consumers", and conducts its e-commerce activities exclusively in relation to such users.
1.2 A "consumer" means any natural person acting on www.theplayacompany.com for purposes outside their trade, business or professional activity. If you are not a "consumer", we invite you to refrain from carrying out commercial transactions on www.theplayacompany.com.
1.3 In accordance with its commercial policy, the Seller reserves the right to refuse orders placed by persons who do not qualify as "consumers" or, in any event, orders that do not comply with the aforementioned commercial policy.
1.4 These General Terms and Conditions of Sale exclusively regulate the offer, acceptance of orders and shipment of products from www.theplayacompany.com between users of www.theplayacompany.com and the Seller.
1.5 These General Terms and Conditions of Sale do not regulate the provision of services or the sale of products by parties other than the Seller that may be present on www.theplayacompany.com through links, banners or other hyperlinks. Before placing orders with parties other than the Seller or purchasing their products or services, we recommend reviewing their terms and conditions of sale, as the Seller is not responsible for services provided by third parties or for e-commerce transactions between users of www.theplayacompany.com and third parties.
2. How to enter into a contract with THE PLAYA COMPANY
2.1 To enter into a contract for the purchase of one or more products from www.theplayacompany.com, you must complete the electronic order form provided by the Seller and submit it electronically to the Seller following the relevant instructions.
2.2 The order form contains a summary of these General Terms and Conditions of Sale, as well as information regarding the essential characteristics of each product ordered, its price including details of applicable taxes and other costs, the payment methods available, shipping methods, shipping and delivery costs and the conditions applicable to shipping and returns.
2.3 The contract shall be deemed concluded when the Seller electronically receives your order form, subject to verification of the accuracy of the information relating to your order.
2.4 Before purchasing the products by submitting the order form, you will be asked to carefully read these General Terms and Conditions of Sale and the Shipping and Returns conditions and to save or reproduce a copy for your personal use.
2.5 The order form will be stored in our database for the period necessary to process and ship orders and, in any event, within the limits established by applicable law. You may access your order form by consulting the Order History section of your customer account.
2.6 Before submitting the order form, you will be given the opportunity to identify and correct any errors in the information you have entered.
2.7 The language available for entering into the contract with THE PLAYA COMPANY is English.
2.8 Once the contract has been concluded, the Seller will process your order.
2.9 The Seller may decline to process orders that are incomplete or incorrect or where the products are unavailable.
In such cases, we will inform you by email that the contract has not been concluded and that the Seller has not processed your order, stating the relevant reasons.
If products displayed on www.theplayacompany.com are no longer available or for sale when your order form is submitted, the Seller will inform you as soon as possible of the availability of the products ordered.
If you have already submitted the order form and paid for your order, the Seller will refund the amount paid without undue delay.
2.10 By electronically submitting the order form, you accept these General Terms and Conditions of Sale and undertake to comply with them in your relationship with the Seller. If you do not agree with any of these terms, we invite you not to submit the order form for the purchase of products from www.theplayacompany.com.
2.11 By submitting the order form, you confirm that you are aware of and accept these General Terms and Conditions of Sale and the other information contained on www.theplayacompany.com, including information accessible through links, such as the General Terms and Conditions of Use.
2.12 Once the contract has been concluded, the Seller will send you an order receipt by email within twenty-four (24) hours, containing a summary of the information included in the order form.
3. Guarantees and product price information
3.1 Only products designed by THE PLAYA COMPANY, carefully selected and subject to rigorous quality controls, are offered for sale on www.theplayacompany.com.
3.2 The Seller does not sell used, defective or substandard products.
3.3 The essential characteristics of the products are displayed on www.theplayacompany.com on each product page. Despite the care taken by THE PLAYA COMPANY to reproduce them accurately, the images and colours of products offered for sale on www.theplayacompany.com may not perfectly reflect their actual appearance due to the specific characteristics of the Internet browser or screen used by the user.
3.4 Product prices may be subject to updates. Please check the final sale price before submitting the relevant order form.
3.5 Purchase requests from countries not included in the list available on www.theplayacompany.com cannot be accepted by the Seller.
3.6 All products are supplied with an identification tag attached with a disposable seal. We ask you not to remove the tag or its seal from the products.
3.7 In the event of an exchange or return, the Seller may take into account the condition of the product, including the absence of its tag, as well as any damage or alteration to its essential or qualitative characteristics, without prejudice to the consumer's rights under applicable law.
4. Payments
4.1 To pay the price of the products and the corresponding shipping and delivery costs, you may use one of the payment methods indicated on the order form.
4.2 If you pay by credit card, your banking information will be transmitted using an encrypted protocol to the entity providing the relevant remote electronic payment services, without third parties having access to it. Such information will only be used by the Seller to complete procedures relating to your purchase, issue any applicable refunds and prevent or report potential fraud. The price of the products and shipping costs, as indicated on the order form, will be charged using the selected payment method.
5. Promotional codes
5.1 A voucher or special code, also referred to as a PROMOTIONAL CODE, is a code that provides a discount on purchases made at www.theplayacompany.com.
5.2 The PROMOTIONAL CODE field appears on the Shopping Cart page. After adding the items you wish to purchase to your Shopping Cart, enter the promotional code in the PROMOTIONAL CODE field and click “OK”.
5.3 Restrictions on the use of promotional codes:
the promotional code may only be used once, except in the case provided for in section 5.4;
the promotional code may not, under any circumstances, be exchanged for cash;
more than one promotional code may not be used in a single order.
5.4 If for any reason you are not satisfied with your order, you may return an item to which a promotional code was applied by following the standard return procedure described in the Shipping and Returns section. Once your return has been accepted, the corresponding promotional code will be reactivated at its original value. Any price difference paid for the purchase of the item will be returned in accordance with the methods and terms applicable to the standard refund procedure.
5.5 Renewal conditions: If you have a voucher that is about to expire and make a purchase to prevent its expiry, you may request the issue of a new voucher. The new voucher will be valid for an additional 6 months from the date of the purchase that prevented the previous voucher from expiring. Vouchers may only be renewed in this way once.
6. Shipping and delivery of products
6.1 For specific information regarding the shipping and delivery of products, please consult the Shipping and Returns section of our website. The information contained therein forms an integral part of these General Terms and Conditions of Sale.
6.2 Orders shipped to countries outside the European Union may be subject to import VAT, customs duties, customs clearance fees or other charges imposed by the destination country. Unless expressly stated otherwise during the checkout process, these charges are not included in the product price or shipping costs and are the responsibility of the customer.
7. Customer Care
7.1 If you require any further information, you may contact our Customer Care service by calling +34 914 022 231 or by emailing info@theplayacompany.com.
8. Exchanges, returns and right of withdrawal
8.1 You have the right to withdraw from the contract entered into with the Seller, without giving any reason and without penalty, within fourteen (14) calendar days from the date on which you or a third party indicated by you, other than the carrier, acquires physical possession of the products, without prejudice to any exceptions provided for by applicable law.
8.2 Size exchanges are permitted in certain circumstances if requested within fourteen (14) calendar days from the date on which you received the products, by sending a message to our Customer Care service specifying the order and product you wish to exchange. You may only request a change of size for products included in a specific order.
You must specify the order reference, product reference, first name, last name and desired size. You will then receive confirmation by email regarding the availability of the requested size. If the requested size is unavailable, you may follow the return procedure.
8.3 To notify us of your decision to return an order, you may complete the return request from the order details in the Order History section of your customer account or contact our Customer Care service. Once we receive your notification, we will provide you with the necessary instructions to make the return.
8.4 Once you have notified us of your withdrawal within the applicable period, you must return or hand over the products to the Seller without undue delay and, in any event, within fourteen (14) calendar days from the date on which you notify us of your decision to withdraw.
8.5 Unless the Seller has agreed to bear them or applicable law provides otherwise, the direct costs of returning the products shall be borne by the customer.
For orders placed in Spain (excluding the Canary Islands) only:
If you use the courier service designated by the Seller, exchange shipping costs will be free of charge.
For returns made using the courier service designated by the Seller, the direct return costs, which shall not be less than ten (10) euros, will be deducted from the amount to be refunded or from the value of the store voucher.
For products purchased under any type of promotion, the shipping cost of an exchange or return shall be borne by the customer, within the limits established by applicable law.
For orders placed outside Spain or from the Canary Islands only: you may send your exchange or return to THE PLAYA COMPANY using a courier service of your choice, with the direct return costs being borne by you. For returns from countries outside the European Union, the conditions set out in section 8.6 must also be observed.
8.6 Returns from countries outside the European Union: before shipping a return, you must contact THE PLAYA COMPANY to receive the necessary instructions for the correct customs handling of the shipment.
You are responsible for arranging the return shipment in accordance with these instructions and for ensuring that the parcel is correctly declared as returned goods / returned merchandise and that all customs documentation required for import into Spain is complete and accurate.
The return must not be sent using any service or shipping method that results in import duties, VAT, customs clearance fees, storage fees or other charges being charged to THE PLAYA COMPANY without THE PLAYA COMPANY's prior written authorization.
Any import duties, VAT, customs clearance fees, storage fees or other costs arising from incorrect customs handling or from a return service chosen by the customer shall be borne by the customer, within the limits permitted by applicable law. If THE PLAYA COMPANY is required to pay any such amounts in order to receive the returned goods, these amounts may be deducted from the refund or from the value of the store voucher where legally permitted.
THE PLAYA COMPANY may refuse delivery of a return where charges not previously authorized in writing are demanded or where insufficient or incorrect customs documentation prevents the goods from being correctly imported into Spain, without prejudice to any rights the consumer may have under applicable law.
We recommend using a courier service that allows you to track the shipment and keeping the tracking number and proof of shipment until the return has been completed.
8.7 The right of withdrawal shall be deemed to have been correctly exercised when it has been communicated within the applicable legal period. For the return of products, and without prejudice to the rights granted to consumers under applicable law, the following conditions should be taken into account:
the products must not have been used beyond what is necessary to establish their nature, characteristics and functioning, nor washed or damaged;
the identification tags should remain attached to the products whenever this is compatible with a reasonable inspection of the garment;
the products should be returned, as far as possible, in their original packaging;
products included in the same return should preferably be sent in a single shipment;
the products must be sent within fourteen (14) calendar days from the date on which the withdrawal is notified.
8.8 Provided that the right of withdrawal has been exercised in accordance with applicable law, the Seller will refund the corresponding amounts in accordance with section 9. As an alternative to a refund, the customer may expressly agree to receive a store voucher for the corresponding amount, after deduction, where applicable, of the direct return costs. The voucher may be used at THE PLAYA COMPANY online store and will be valid for one (1) year.
8.9 The Seller may withhold the refund until the products have been received or until the consumer provides evidence that the products have been returned, whichever occurs first.
8.10 The consumer shall only be liable for any diminished value of the products resulting from handling other than what is necessary to establish their nature, characteristics and functioning. Failure to comply with additional commercial conditions shall not limit any mandatory rights granted to the consumer under applicable law.
9. Refund times and methods
9.1 After receiving the returned products, the Seller will verify their condition and send the relevant confirmation by email.
9.2 In the event of a valid exercise of the right of withdrawal, the Seller will refund the payments received from the consumer, including, where required by applicable law, the cost of standard delivery, without undue delay and, in any event, within fourteen (14) calendar days from the date on which the Seller was informed of the consumer's decision to withdraw. The Seller may withhold the refund until the products have been received or until the consumer provides evidence that the products have been returned, whichever occurs first.
9.3 Where the recipient of the products and the person who made the payment are not the same person, the refund will be made to the person who made the payment.
9.4 The refund will be made using the same payment method used by the consumer for the original transaction, unless the consumer has expressly agreed to another method and provided that the consumer does not incur any fees as a result of the refund. The customer may expressly agree to receive a store voucher as an alternative to a refund in accordance with section 8.8.
9.5 For orders placed in Spain (excluding the Canary Islands) only: the Seller may designate a carrier for return shipments. Where this service is used, the direct return cost specified in section 8 may be deducted from the amount to be refunded or from the value of the store voucher.
9.6 For orders placed outside Spain or from the Canary Islands only: you must bear the direct costs of returning the products in accordance with section 8. For returns from countries outside the European Union, import duties, taxes, customs clearance fees, storage fees or other costs for which the customer is responsible under section 8.6 may be deducted from the refund or from the value of the store voucher where THE PLAYA COMPANY has been required to pay such amounts in order to receive the returned goods and such deduction is legally permitted.
10. Privacy
10.1 Please read our General Terms and Conditions of Use, if you have not already done so, as they contain important information about how we process our users' personal data and the security measures adopted by THE PLAYA COMPANY.
10.2 If you require any additional information regarding our Privacy Policy, you may send your request by email to info@theplayacompany.com, or by post to THE PLAYA COMPANY's registered office: C/ María Teresa, 17, 28028 Madrid, Spain.
11. Applicable law and dispute resolution
11.1 These General Terms and Conditions of Sale and the contract are governed by Spanish law, without prejudice to any rights granted to consumers under mandatory provisions of applicable law.
12. Amendments and updates
These General Terms and Conditions of Sale may be amended or updated. Each new version will apply to purchases made from the date of its publication on www.theplayacompany.com.