General Terms and Conditions of Sale
The following General Terms and Conditions of Sale together with the documents referred to below, including the General Terms and Conditions of Use, govern the offer and sale of products and services on our website, "www.theplayacompany.com". Please read these terms and conditions carefully before ordering any products or services. You should understand that by ordering any of our products or services, you agree to be bound by these terms and conditions.
The products and services purchased on www.theplayacompany.com are sold directly by CRISTINA NIETO PIÑA ("THE PLAYA COMPANY"). THE PLAYA COMPANY is a company registered in Spain at 17, María Teresa St. 28028 Madrid, VAT number 04.179.828-S.
Requests for information should be made through our Customer Care: click here to contact Customer Care.
If you need any assistance, please go to the Customer Care area, where you will find information on orders, shipping, complaint handling, cancellations, refunds and returning products purchased on www.theplayacompany.com, as well as any other general information on the services provided by www.theplayacompany.com. Remember you can also contact THE PLAYA COMPANY by phone on our number +34 914 022 231.
1. Our Business Policy
1.1 THE PLAYA COMPANY offers products and services for sale via www.theplayacompany.com and its e-commerce business services are available exclusively to its end users that are "Consumers".
1.2 "Consumer" shall mean any individual who is acting for purposes which are outside his or her trade, business or profession. If you are not a Consumer, you are not authorized to purchase any products or services on www.theplayacompany.com.
1.3 THE PLAYA COMPANY reserves the right not to process orders received from users who are not "Consumers" and any other order which does not comply with THE PLAYA COMPANY's business policy or any other part of these General Terms and Conditions of Sale.
1.4 These General Terms and Conditions of Sale (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to products and services on www.theplayacompany.com between the users of www.theplayacompany.com and THE PLAYA COMPANY.
1.5 The General Terms and Conditions of Sale do not regulate the supply of services or the sale of products performed by third parties that are on www.theplayacompany.com through links, banners or other hypertext links. Before sending orders and purchasing products and services from those third parties, we recommend that you review the third party's terms and conditions and policies. THE PLAYA COMPANY shall under no circumstances be deemed liable for the supply of goods or services provided by third parties or for the execution of e-commerce transactions between users of www.theplayacompany.com and third parties.
2. How to Execute a Contract with THE PLAYA COMPANY for the sale of Products
2.1 To place an order for the purchase of one or more products on www.theplayacompany.com, you must fill out the online order form and send it electronically to THE PLAYA COMPANY, following the relevant instructions.
2.2 The order form contains a link to these General Terms and Conditions of Sale, and also contains information on the main characteristics of each product ordered and the relevant unit price (including all applicable fees and taxes), the method of payment that you may use in order to purchase each product, shipping terms for the purchased products, shipping and delivery costs, and references to the terms and conditions for returning purchased products.
2.3 An order shall be deemed submitted when THE PLAYA COMPANY receives your order form electronically and the order information has been verified as correct.
2.4 Before submitting your order form for the purchase of products, you will be asked to carefully read the General Terms and Conditions of Sale, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.5 The order form will be filed in our data base for the time required to process your order and as provided by law. You may access your order form by clicking on the section called Order History in your customer account.
2.6 Before submitting the order form, you will be asked to identify and correct possible input errors.
2.7 The submission of orders to THE PLAYA COMPANY must be in English.
2.8 After your order form has been submitted, THE PLAYA COMPANY will process your order.
2.9 THE PLAYA COMPANY may not process orders when there are not sufficient guarantees of solvency or financial standing, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we shall inform you by e-mail that the contract has not been executed and that THE PLAYA COMPANY has not carried out your purchase order. If the products displayed on www.theplayacompany.com are no longer available at the time of your last access or once THE PLAYA COMPANY has received your order form, THE PLAYA COMPANY shall inform you of the unavailability of the ordered products within thirty (30) days of the day after THE PLAYA COMPANY has received your order.
If the order form has been sent and the price has been paid for items that are no longer available, THE PLAYA COMPANY will refund the amount paid for those items.
2.10 By submitting an order form to THE PLAYA COMPANY, you unconditionally and irrevocably accept and undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with THE PLAYA COMPANY. Should you not agree with certain provisions of these General Terms and Conditions of Sale, please do not submit your order form for the purchase of products on www.theplayacompany.com.
2.11 Upon receipt of your order, THE PLAYA COMPANY shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (General Terms and Conditions of Sale, the products' main characteristics, detailed information on price, terms of payment, return policy and shipping costs).
3. Guarantees and Product Price Indication
3.1 On www.theplayacompany.com, we offer for sale top-quality THE PLAYA COMPANY’s designed products.
3.2 THE PLAYA COMPANY does not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3 The main characteristics of products are shown on www.theplayacompany.com on each product page. The products offered for sale on www.theplayacompany.com may not exactly correspond to the real garments in terms of image and colours due to the Internet browser or monitor used.
3.4 Prices are subject to change and will be as quoted on our site from time to time, except in cases of obvious error. Check the final price of sale before sending the relevant order form.
3.5 Orders made from a country site different from the one you are shipping to, or to addresses to which THE PLAYA COMPANY cannot ship, will be automatically cancelled.
3.6 All Products sold by THE PLAYA COMPANY come with an identification tag attached with a disposable seal. When trying on the products you should not remove or alter the tag or seal from the purchased products should you wish to return the purchased product.
3.7 Should you decide to exercise your right to return purchased products, THE PLAYA COMPANY has the right to not accept returned products that are returned without the corresponding tag or seal or that have been altered from their original status or damaged.
4.1 Payment for the products, including relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2 In the case of payment by credit/debit card, all details (for example, card number or expiry date) will be sent by encrypted protocol to the bank which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by THE PLAYA COMPANY except for performing the procedure relevant to your purchase or issuing refunds in the case of returns or cancellations, or for reporting cases of fraud to the police or other authorities. The price for the purchase of products and the relevant costs for shipping and delivery, as indicated in the order form, will be charged to your method of payment when the purchased products are actually shipped.
5. Value Vouchers
5.1 Value vouchers are personalised codes which allow you to take advantage of a discount on your purchase of products on www.theplayacompany.com.
5.2 The Promotional Code box is displayed on the first page of the Shopping Bag: after you have inserted your items in the basket and entered your code, press “Ok”.
5.3 Restrictions to the use of value vouchers:
The value voucher can be used only once, with the exception of returns (as specified in paragraph 5.4);
The value voucher cannot under any circumstances be exchanged for money;
You may not use more than one value voucher per order.
5.4 If for any reason you are not satisfied with your order, you may return the item to which you applied the value voucher by following the standard return procedure, as described in the Shiping and Return Policy. Once your return has been accepted, the respective code will be restored to its original value. The difference in price between the value voucher and the item you purchased will be reimbursed, according to the time frame of the applicable refund procedure.
6. Shipping and Delivery of the Products
6.1 For specific product shipping and delivery procedures, please visit the website, and read the Shipping and Return Policy section. Please read these sections carefully. The information provided in these sections forms an integral part of these General Terms and Conditions of Sale and, consequently, shall be deemed to be fully read and accepted by you at the time your order form is sent.
7. Customer Care
7.1 For any information requests THE PLAYA COMPANY can be contacted through our Customer Care or by phone at +34 914 022 231.
8. Consumer Rights, Exchanges and Returns of Products
8.1 You have the right to cancel your contract with THE PLAYA COMPANY in relation to products purchased from www.theplayacompany.com, without any penalty, by notifying THE PLAYA COMPANY in writing within fourteen (14) calendar days of receiving the products.
8.2 Except in certain specific circumstances, duly specified in the Shipping and Return section, you are not permitted to exchange or to replace purchased products with other products. Exchanges are allowed in certain circumstances if requested not later than fourteen (14) calendar days of the date of delivery of the products by sending a message from the Customer Care section related to the order and product you wish to exchange. You may only request the replacement of one or more purchased products from a single order with products that are the same model but a different size.
You will need to specify order reference, product reference, first name, last name and the desired size. After receiving the stock availability confirmation by e-mail, you will send the exchange return and, after our validation, we will send you the requested size. If the product is not in stock, you will have to follow the return policy.
8.3 To return products we invite you to complete the online return request from the Order History section of your customer account before sending the products to us within the relevant timeframe.
8.4 To return the products to THE PLAYA COMPANY for the refund, you must notify THE PLAYA COMPANY within fourteen (14) calendar days of the date on which the products are delivered to you (or for purchases of multiple products, the day on which you received the last product) using the online return request.
8.5 The only costs you will be in charge will be the return of the products purchased, subject to what is stated in the following paragraphs.
Only for orders placed outside of Spain: we inform you that the cost of shipping for exchanges or refunds is payable by the customer. For more information, see section 8.6.
8.6 Only for orders placed in Spain:
If you decide to use the courier service designated by THE PLAYA COMPANY, the exchange shipping costs will be free of charge for you.
So long as you decide to use the courier indicated by THE PLAYA COMPANY, the return shipping costs relating to your return will be free of charge for you. THE PLAYA COMPANY will withhold a flat rate as payment for the return shipping from your refund, which will correspond to the original costs paid for the shipping and delivery of the order.
Additionally by using this courier indicated by THE PLAYA COMPANY, you will not be held responsible for any loss or damage to the products during transport.
For those products in promotion of any type, the cost of shipping for exchanges or refunds is payable by the customer.
Alternately you may decide to use a different courier from the one indicated by THE PLAYA COMPANY. If so, you will have to pay for the return shipping payment, at your own expense. In case of returns, the original shipping costs you paid for your order will be refunded. You will be held responsible for any loss or damage to the products during transit and we suggest you obtain proof of postage.
Only for orders placed outside of Spain: You can send your exchange or return to THE PLAYA COMPANY by a courier service of your choice, the shipping costs will be in charge for you. We recommend that you consult local authorities and / or the chosen courier service in order to ensure that customs documents are sufficient for import into Spain. THE PLAYA COMPANY cannot be held responsible for packages that are held at Customs because of insufficient or lacking documentation.
8.7 In order to exchange or return a product you must comply with these General Terms and Conditions of Sale and to assist us in making sure that the procedure is issued as quickly as possible, we ask that you do the following:
please correctly fill in and submit the exchange request or online return request to www.theplayacompany.com within fourteen (14) calendar days of the date of your receipt;
you should take reasonable care of the products and ensure that they have not have been used, worn, modified or damaged;
the identification tags should be attached to the products with the disposable seal;
the products should be returned, complete and unused, with their original packaging;
the exchanged or returned products must be shipped back to THE PLAYA COMPANY in a single shipment. THE PLAYA COMPANY reserves the right not to accept items belonging to the same order which have already been sent for exchange or refund at different times; and
the exchanged or returned products should be shipped back to THE PLAYA COMPANY within fourteen (14) calendar days of the date you notify us of your decision to cancel.
8.8 If the exchange or return right is exercised in conformity with the provisions set forth in this section, THE PLAYA COMPANY shall refund the amounts paid for the returned products according our standard procedure set out in section 9 below.
8.9 The refund procedure will be initiated by THE PLAYA COMPANY within: (a) where we collect the products from you through our approved courier, fourteen (14) calendar days of the day THE PLAYA COMPANY was informed of your decision to return the products; or (b) where you return the products yourself, fourteen (14) calendar days of the day we receive the returned products or, if earlier, proof of postage from you evidencing that you have sent the products back, within such time. The procedure will begin after checking to ensure that the customer's return is in accordance with the Shipping and Return Policy for products and that the returned products have been accepted.
In the event that your return does not comply with the terms and conditions set out in these General Terms and Conditions of Sale, you will not be entitled to any refund of sums already paid to THE PLAYA COMPANY; nevertheless, you shall be entitled, at your own expense, to receive the products in the conditions in which they were sent back to THE PLAYA COMPANY. If you do not wish to receive the products in the conditions in which they were sent back to THE PLAYA COMPANY, THE PLAYA COMPANY shall be entitled to keep the products and withhold the sums already received.
8.10 Nothing in this section 8 affects your applicable statutory rights under any other applicable law. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned products caused by your handling of the products, save to the extent necessary to ascertain the characteristics, functions or nature of the products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
9. Refund Times and Procedures for Products
9.1 After the products have been returned, THE PLAYA COMPANY shall check the conformity of the products with the conditions indicated in section 8 above. When THE PLAYA COMPANY is able to confirm that such conditions have been met, THE PLAYA COMPANY shall send you an e-mail confirming the acceptance of the returned products.
9.2 Whatever payment type you used, the refund procedure shall be started by THE PLAYA COMPANY within thirty (30) days of when THE PLAYA COMPANY was informed of your decision to exercise your return right, after checking that the return right has been correctly exercised and that the returned products have been accepted.
9.3 If the recipient of the products indicated in the order form is different from the individual who made the payment for such products, the amount paid for returned items shall be refunded by THE PLAYA COMPANY to the individual who made the payment.
9.4 For purchases by credit card or debit card, the date of payment of the refund will be the same as the debt, so you will not suffer any loss in terms of banking interests. For purchases through PayPal, the refund is credited to the PayPal account immediately after the time at which the return is accepted. The time until actual repayment on the credit card from your PayPal account depends on the issuer of the credit card.
9.5 Only for orders placed in Spain: THE PLAYA COMPANY shall designate a courier for return shipments of products. You can return the products to THE PLAYA COMPANY through the same courier, using the pre-printed label you'll find inside the package in which they were delivered. Under the procedures and terms contained in article 8, this method allows the seller to manage the transport of returned products. This mode also allows control at all times where each package, freeing you from any liability in case of loss and damage to the products during transport.
9.6 If you decide to use a different courier from the one indicated by THE PLAYA COMPANY to return the product (this is the only possible refund procedure for orders outside of Spain), you must bear that the costs of return will be in charge for you, and will receive reimbursement for the total amount paid for the purchase. In this case, you will assume all responsibility for any possible loss or damage during shipping returned products, in the manner and the terms described in article 8 of these General Terms and Conditions of Sale.
10.1 You are advised to read, if you haven't already done so, our General Terms and Conditions of Use which also contain important information on how we process the personal data of our users and on the security systems of www.theplayacompany.com.
11. Governing Law
11.1 These General Terms and Conditions of Sale are governed by Spanish law.
12. Amendments and Updates
12.1 The General Terms and Conditions of Sale may be amended from time to time due to new laws and regulations or other reasons. The new General Terms and Conditions of Sale shall be effective as of the date of publication on www.theplayacompany.com.