Terms and Conditions of Sale

Description

General

This website is operated by TALLYTATE, SL, owner of the brand Play and Store. Throughout the document, the terms "we", "us", and "our" refer to TALLYTATE, SL. TALLYTATE, SL makes this website available to the user, including all information, tools, and services available on it, conditioned upon your acceptance of all terms, conditions, policies, and legal notices stated here.

By visiting our website and/or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms and Conditions. Please read these Terms carefully before accessing or using our website.

Our store is hosted on Shopify Inc., an e-commerce platform that allows us to manage the sale of our products and services.

Section 1 — Seller Details

In compliance with Article 10 of Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSI-CE), the following identifying data is provided:

Section 2 — Conditions of Use of the Website

By accepting these Terms and Conditions, the user declares that they are of legal age or are acting with the consent of their legal representatives if they are a minor. The user agrees not to use our products or the Service for any illegal or unauthorized purpose, nor to violate any applicable laws in their jurisdiction.

We reserve the right to refuse access to the Service to any user for objective and justified reasons. The user may not reproduce, duplicate, copy, sell, resell, or exploit any part of the Service without our express written consent.

Section 3 — Accuracy of Information

We make all reasonable efforts to ensure that the information published on the website (product descriptions, prices, availability, images, and colors) is accurate and up to date. However, typographical errors or unintended omissions may occur.

In the event of an error in the published price, we will contact the user before processing the order to inform them of the correct price, offering them the option to confirm the order at the correct price or cancel it with a full refund. An order with an incorrect price will never be processed without the express consent of the user.

We reserve the right to correct errors or update information at any time, but any correction affecting orders that have already been confirmed will require the express acceptance of the user.

Section 4 — Prices and Availability

The prices of our products are shown in Euros (€) and include applicable VAT. Shipping costs will be calculated and displayed on an itemized basis before order confirmation.

The applicable prices are those published on the website at the time the user starts the purchase process. Once the order is confirmed by both parties, the price is binding and cannot be unilaterally modified.

We reserve the right to update product prices in general for future orders, without this affecting orders that have already been confirmed.

Product availability is subject to stock. If a requested product is unavailable after order confirmation, the user will be notified and may choose between an equivalent product, waiting for a restock, or cancellation with a full refund.

Section 5 — Purchase Process and Contract Formalization

The sales contract is formalized when TALLYTATE, SL sends the order confirmation to the user via email. This confirmation will include the order summary, the total price including VAT and broken-down shipping costs, and the shipping details.

TALLYTATE, SL reserves the right to reject an order in the following cases: errors in the published price (in which case action will be taken in accordance with Section 3), indications of fraud, lack of product availability, or orders that, in our judgment, appear to be placed for resale or unauthorized distribution.

The language of the contract is Spanish. The text of the contract will not be archived in an accessible format for the user after the order is completed; we recommend keeping the order confirmation received by email.

Section 6 — Delivery Times

Unless expressly indicated otherwise on the product page, the estimated delivery time is 3 to 7 business days for mainland Spain, and 7 to 15 business days for the rest of Europe. These timeframes are guidelines and may be affected by circumstances beyond our control (strikes, weather events, carrier incidents, etc.).

Pursuant to Article 109 of the TRLGDCU (Spanish General Consumer Protection Law), if no delivery time is specified, TALLYTATE, SL undertakes to deliver the order within a maximum period of 30 calendar days from the conclusion of the contract. In the event of non-compliance with this deadline, the user may demand delivery within an additional reasonable timeframe or terminate the contract with a full refund.

Section 7 — Right of Withdrawal

7.1. Deadline and General Conditions

In accordance with Royal Legislative Decree 1/2007 (TRLGDCU) and Directive 2011/83/EU, consumers have the right to withdraw from the contract within a period of 14 calendar days without giving any reason.

The withdrawal period will expire 14 calendar days from the day on which the user or a third party indicated by the user (other than the carrier) acquires physical possession of the goods. In orders with multiple products delivered separately, the period will begin upon receipt of the last item.

7.2. How to Exercise the Right of Withdrawal

To exercise the right of withdrawal, the user must notify TALLYTATE, SL by means of an unequivocal statement (for example, a letter sent by post or email) to:

The user may use the standard withdrawal form attached at the end of this document as Annex A, although its use is not mandatory.

To meet the withdrawal deadline, it is sufficient for the communication concerning the exercise of this right to be sent before the withdrawal period has expired.

7.3. Effects of Withdrawal

In the event of withdrawal, TALLYTATE, SL will refund all payments received from the user, including standard delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the least expensive standard delivery offered), without undue delay and, in any case, no later than 14 calendar days from the date on which we are informed of the decision to withdraw.

The refund will be carried out using the same means of payment used by the user for the initial transaction.

TALLYTATE, SL may withhold the refund until the goods have been received back or until the user has supplied proof of having sent back the goods, whichever condition is met first.

The user must return the goods without undue delay and, in any case, no later than 14 calendar days from the date on which they communicate their decision to withdraw. The return costs will be borne by the user, unless TALLYTATE, SL has indicated otherwise.

The user shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

7.4. Exceptions to the Right of Withdrawal

Pursuant to Article 103 of the TRLGDCU, the right of withdrawal shall not apply to:

• Goods made to the consumer's specifications or clearly personalized (products from the "Create your own set" service).
• Goods that are liable to deteriorate or expire rapidly.
• Sealed goods that are not suitable for return due to health protection or hygiene reasons and that were unsealed after delivery.
• Goods which, after delivery, according to their nature, are inseparably mixed with other items.

Note: Personalized products ("Create your own set") are expressly excluded from the right of withdrawal as they are manufactured according to user specifications.

Section 8 — Legal Guarantee of Conformity

All products sold by TALLYTATE, SL to consumers are subject to the legal guarantee of conformity established in Royal Legislative Decree 1/2007 (TRLGDCU), pursuant to the transposition of Directive (EU) 2019/771.

The legal guarantee period is 3 years for new products from the date of delivery. During the first 2 years from delivery, it will be presumed that the lack of conformity already existed at the time of delivery, unless this presumption is incompatible with the nature of the good.

In the event of a lack of conformity, the consumer has the right, in the first instance, to the repair or replacement of the product, and if these are not possible or sufficient, to a price reduction or termination of the contract.

To exercise the guarantee, the user must contact TALLYTATE, SL at hello@playandstore.com, providing the order number and a description of the defect. The guarantee does not cover damage caused by misuse, normal wear and tear, or accidents.

This legal guarantee is independent of any additional commercial warranty that may be offered.

Section 9 — Returns and Refund Policy

In addition to the right of withdrawal regulated in Section 7, TALLYTATE, SL accepts returns in the following cases:

• Defective product or product damaged during transport: The user must notify us within 48 hours of receipt, providing photographs of the condition of the product and the packaging.
• Incorrect product (different from the one ordered): The user must notify us within 7 days of receipt.
• Exercise of the right of withdrawal: In accordance with the timeframes and conditions of Section 7.

In all cases, the user must contact hello@playandstore.com beforehand to obtain return instructions. Returns sent without prior authorization will not be accepted.

The refund will be processed within a maximum period of 14 calendar days from the receipt of the returned product or from when the user provides proof of shipment.

Section 10 — Modifications to the Terms and Conditions

TALLYTATE, SL reserves the right to modify these Terms and Conditions to adapt them to legislative, jurisprudential, or business practice changes.

Substantial modifications will be notified to registered users at least 30 days in advance via email or a prominent notice on the website, indicating the effective date of the new conditions.

Users who do not agree with the modifications may terminate any active contract under the conditions originally agreed upon. Continued use of the website after the modifications come into effect does not, by itself, imply acceptance of the new conditions for contracts already formalized.

The current version of the Terms and Conditions will always be available on this page, along with the date of the last update.

Section 11 — Third-Party Tools

The website may offer access to tools provided by third parties (such as social media integrations, payment services, etc.). TALLYTATE, SL does not control or monitor these third-party tools and assumes no responsibility for their operation.

The use of such tools is subject to the terms and conditions of the corresponding external provider, which the user must consult and accept independently.

Section 12 — Links to Third-Party Sites

The website may contain links to third-party websites that are not under the control of TALLYTATE, SL. These links are provided solely for the user's convenience and do not imply any endorsement, sponsorship, or affiliation with such sites.

TALLYTATE, SL assumes no responsibility for the content, accuracy, or privacy practices of third-party websites. The user is recommended to read the terms and privacy policies of any third-party site before conducting transactions.

Section 13 — Prohibited Uses

The user agrees not to use the website or its content for:

• Any illegal purpose or contrary to applicable Spanish or European legislation.
• Soliciting third parties to perform illegal acts.
• Infringing the intellectual or industrial property rights of TALLYTATE, SL or third parties.
• Harassing, intimidating, or discriminating against other people based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Transmitting viruses, malware, or any code of a destructive nature.
• Collecting personal data from other users without their express consent.
• Sending unsolicited communications (spam) or carrying out phishing or scraping activities.
• Interfering with the security systems of the website or third parties.

Failure to comply with these prohibitions may result in the immediate termination of access to the Service and, where appropriate, the exercise of relevant legal actions.

Section 14 — User-Generated Content

In the event that the user sends comments, reviews, suggestions, or other content to TALLYTATE, SL (for example, through contact forms or social media), they declare that such content is original, does not infringe third-party rights, and does not contain illegal, defamatory, or obscene material.

TALLYTATE, SL may use such comments for service improvement and brand communications, under the terms established in the Privacy Policy. Under no circumstances will the user's personal data be transferred to third parties for advertising purposes without their express consent.

The user retains their copyright over the content they generate at all times, and TALLYTATE, SL limits itself to using such content within the framework of the contractual relationship and in compliance with applicable data protection regulations.

Section 15 — Limitation of Liability

TALLYTATE, SL does not guarantee that access to the website will be uninterrupted, error-free, or completely secure, as the nature of the Internet does not allow it. All reasonable efforts will be made to keep the service available.

In no case shall TALLYTATE, SL be liable for indirect, incidental, or consequential damages arising from the use of the website as an information platform, to the extent permitted by Spanish law.

This limitation of liability does not affect in any case:

• Liability for defective products in accordance with Directive 85/374/EEC and the TRLGDCU.
• The legal guarantee of conformity regulated in Section 8 of these Terms.
• Any liability that cannot be excluded or limited under applicable consumer and user legislation.
• Damages caused by willful misconduct or gross negligence on the part of TALLYTATE, SL.

Consumer rights recognized by Spanish and European legislation are waiveless and shall prevail over any clause in these Terms that may conflict with them.

Section 16 — Personal Information and Privacy

The processing of personal data provided through the website is governed by the Privacy Policy of TALLYTATE, SL, available at:

https://playandstore.com/es/pages/privacypolicy

TALLYTATE, SL complies with Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 (LOPDGDD).

Section 17 — Alternative Dispute Resolution

In compliance with Regulation (EU) 524/2013, TALLYTATE, SL informs consumers of the existence of the European Commission's Online Dispute Resolution Platform, accessible at:

https://ec.europa.eu/consumers/odr

This platform allows the resolution of disputes arising from sales or service contracts concluded online between consumers and traders resident in the European Union.

Without prejudice to the foregoing, the user may also turn to Consumer Arbitration Boards or competent mediation and arbitration bodies in their autonomous community, as well as the out-of-court resolution system of the AEPD (Spanish Data Protection Agency) for privacy-related issues.

Section 18 — Applicable Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with Spanish law and, where applicable, by European consumer and user protection regulations.

For any controversy arising from the interpretation, fulfillment, or execution of these Terms, the parties submit to the jurisdiction of the courts and tribunals of the consumer's domicile, in accordance with the provisions of Article 52 of the Civil Procedure Act and European consumer protection regulations.

If the user acts in the capacity of a business/trader (not a consumer), the parties submit to the courts and tribunals of Bilbao (Bizkaia), expressly waiving any other jurisdiction.

Section 19 — Severability

If any provision of these Terms and Conditions is declared null, invalid, or unenforceable by a final judicial or administrative ruling, such provision shall be deemed omitted, without affecting the validity and enforceability of the remaining Terms, which shall continue to be fully applicable.

Section 20 — Contact

For any queries regarding these Terms and Conditions, the user can contact:

ANNEX A — Standard Withdrawal Form

To the attention of TALLYTATE, SL, C/ Astintze, 6 C1, Nave 19, 48160 – Derio (Bizkaia) / hello@playandstore.com:

I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods/provision of the following service (*):

• Order number: _________________________________
• Received on: _________________________________
• Name of consumer(s): _________________________________
• Address of consumer(s): _________________________________
• Signature of consumer(s) (only if this form is notified on paper): _________________________________
• Date: _________________________________