Version: 4/2020

These conditions will have an indefinite validity period and will apply to all purchases made through the website. The provider reserves the right to unilaterally modify these terms and conditions, without affecting the goods or promotions that were acquired prior to the modification, except for any error.

Subject of contract

The purpose of this contract is to regulate the relationship of purchase or provision of services born between the provider and the user at the time when the latter accepts during the online purchase process the corresponding box.

The contractual relationship of purchase entails the delivery, in exchange for a certain price and publicly exposed through the website, a specific product or a particular service.

1. Formalization of the contract and delivery of products

1.1 For online orders placed on www.3phone.es, we only enter into contracts in Spanish. When you place an order for 3phone products your contract is concluded with 3phone, with address at Calle Calzada de Castro N40 CP: 04006 Almería, Spain.

1.2 By clicking on "Buy" you are placing a binding order for the items that appear in your basket. Once you have issued your order, we will immediately send you an email with the confirmation of the same. The binding contract is formalized at the time you receive the order confirmation from us. Please note that orders placed by bank transfer will be shipped as soon as we receive payment of the full purchase price, as well as any  partnershippingcosts. Therefore, please make a transfer for the purchase price immediately after receiving the order confirmation, and in any case, within 7 days.

1.3 Please note that we have no obligation to deliver the order to you if our suppliers do not deliver the stock correctly or on time, even if we have acted in accordance with our usual ordering practice. In order for us to apply this exception and therefore assume no responsibility, we will not be responsible for the products being unavailable and we must have notified you of the situation without undue delay. In addition, we may not have assumed a purchase risk in relation to the requested product. If the product is not available, we will refund any payments you have made as soon as possible.

1.4 We do not assume the risk of having to purchase the product from the order elsewhere (purchase risk). This also applies to generic item orders (which describes only the type and characteristics of the items). We are only required to deliver our available stock and the stock we have requested from our suppliers. Our stock includes stock from the relevant 3phone partner when an order for 3phone partner products has been placed.

1.5 You agree that the seller's credit rights in respect of payment of the requested products may be transferred to third parties.

1.6 Deliveries are made in Spain. Where deadlines are expressed on weekdays, working days shall be understood as working days every day between Monday and Friday, both included, but not holidays or weekends.

1.7 The terms and conditions of purchase, as well as the prices may be modified at any time and without prior notice, in order to have the user informed in a timely manner of such changes. It is the user's responsibility to read them periodically to stay informed. The user will be subject to the conditions in force at the time the website is used. The provider reserves the right to unilaterally modify these conditions, without affecting the promotions, if applicable, in which they were booked prior to the modification.

1.8 The contracting of the services and products offered on the website will be valid exclusively for those users who have accepted in their entirety the terms and conditions of contract.

1.9 If you select the means of payment by financing, it is essential that the specific conditions determined by the lender be read before accepting the payment method https://core.payin7.com/docs/view/condiciones_generales_Pi7_24-7-2019_final.pdf

2. Prices, shipping costs and express shipping service

The prices set on the products on the date on which the order is placed shall apply. The prices set are the final prices (total), i.e. they include value added tax in Spain at the applicable statutory tax rate. Until full payment of the purchase price is made, the product will remain our property or, where applicable, owned by the corresponding 3phone contributor.

We assume shipping costs for all orders with a minimum purchase value of 80 euros. For all orders with a value of less than 80 euros, you must pay 3.89 euros (approximate, depending on the province, consult), VAT included, shipping costs, as indicated when you place the order in the details of the product and in the shopping cart.

Express shipping is available for some orders. When you place your order, you'll be able to see if this option is available for that particular order, as well as the associated expenses  for that option. If you use the express shipping service, the product will be delivered within 2/3 working days maximum. If the product does not arrive within this delivery time, you will receive a refund of the shipping costs.

The delivery of the orders will be made at the delivery address freely designated by the user. In the registration process you can indicate a different address to receive your orders or pick them up at our physical store. The delivery time of orders is 48-72 working hours from the time the order is placed (only for peninsular shipments; excluding The Balearic Islands, Canary Islands, Ceuta and Melilla), for the other destinations consult said delivery time before placing the order, For any information about the order, the user can contact the customer service phone info@3phone.es  or via email to the e-mail address: info@3phone.es

Orders placed through financial payment usually take a little longer, because we cannot prepare the shipment until the financial one gives us confirmation that the loan has been accepted. If for any reason the order has to be delayed we will contact you to inform you.

Once the order is placed, it is not allowed to make any changes to the shipping address, unless the customer is charged with the costs and is expressly accepted by the parties.

The shipment of the purchased products will only be made when the user has made the full payment and the payment has been received by the provider. Until that time, the purchase will not be understood. Some or some of the products contained in the order placed by the customer may not be available at the time of ordering. In the event that the product selected by the customer is not in stock, the new estimated delivery time will be reported, the customer may choose if desired by the refund of the purchase amount. If it is not possible to quickly replenish the stock of a product, the refund of the amount paid directly will be made with the same means of payment that the customer used. You can call us by phone, for a tighter approximation to confirm stocks and delivery forecasts.

Shipping costs are not included in the price of the items. These will be broken down in your purchase summary. before finalizing the order. Expenses will be calculated depending on the destination.

Shipping costs will be free for purchases over 80 euros (only for mainland shipments; canary Islands, Balearic Islands, Ceuta and Melilla are excluded).

The provider assumes no responsibility for when the delivery of the product does not take place as a result of the data provided by the user being false, inaccurate or incomplete or when the delivery cannot be made for reasons beyond the control of the provider, as is the absence of the recipient. After a first delivery attempt, the carrier will leave you a notice to contact him and set a new delivery date. This delivery can be made at the shipping address you indicated to us or at one of the carrier's offices.

After another failed attempt, your order will be cancelled and we will refund the amount of the same  subtracting the costs of returning the package.

You can pick up your order at no cost at one of our stores, located at Calle Calz. de Castro, No. 40, Almería, 04006, Spain. Pick-up hours are Monday to Friday from 9:30h to 14:00h and from 17:00h to 21:00h. Take your order confirmation email with you and ask any of our dependents. You have 3 working days to pick up your package once we have verified the payment. After this period, we will proceed to cancel the order and the money will be refunded.

Without prejudice to the foregoing we will take the measures required of a diligent trader so that the delivery can be made in the agreed time, and if not, as soon as possible, to the satisfaction of the sender and the recipient, so no liability can be attributed against the provider.

For any information about the order, the user can contact the customer service phone +34 950 67 06 15 or via email to the e-mail address: info@3phone.es

We ask Customers to verify:

That the product(s) are not damaged or altered.

That the number of items delivered corresponds to that indicated on the transport document.

In the event that at the time of delivery it detects that the products are damaged or altered or that the products do not correspond to the order placed, please proceed to reject the order or contact as immediately as possible through the customer service phone +34 950 67 06 15 or via email to the e-mail address: info@3phone.es

3. Payment

3.1 The prices set on the products on the date on which the order is placed shall apply. The prices set are the final prices (total), i.e. they include value added tax in Spain at the applicable statutory tax rate. Until full payment of the purchase price is made, the product will remain our property or, where applicable, owned by the corresponding 3phone contributor.

3.2 Shipping costs will be displayed during the ordering process. The total cost of the shipment will be identified and detailed on the payment screen and on the proof of payment that is issued.

3.3 You can make the payment using these methods:

a) Payments by credit card/debit charge: in this type of payment, the customer will access a controlled environment in which he will directly provide the credit card details to the bank which will connect him/her bank/box to authorize the operation. in this way the payment will be made directly, legitimately and securely while maintaining the privacy of the card information at all times.

b) Bank transfer when selecting this payment method, at the end of the process you will receive an email with the account number in which you will have to enter the amount. When making the transfer, clearly indicate nº your first name, last name and order number. Once the confirmation of the payment has been received, we will proceed to start the order process. see if your bank charges you commissions

c) Payment by Payin7 (Finish it from 65.99 euros/month. On the spot and without paperwork). Before selecting this payment method, please note that you will need to carefully read the specific terms of the lender, and that we provide them when selecting this payment method.

4. Legal right of withdrawal with respect to 3phone products

Case 1: Returns for withdrawal of purchase

All services purchased on this portal may be returned and refunded, provided that you indicate the intention to return the product within fourteen days of receipt and that meet the other conditions  that we set below.

Withdrawal return requirements

In which cases we do not return any products:

Items that do not retain their original packaging  (cases, boxes, warranties, certificates, etc.) and those to which the safety seals have been removed will not be returned.

The supply of goods made according to consumer and user specifications or clearly customized.

Sealed items that are not fit for return for health or hygiene reasons and which have been unsealed after delivery will not be returned.

Loose accessories supplementing other main base products will not be accepted.

The supply of goods that after delivery and taking into account their nature have been inextricably mixed with other goods.

The supply of goods or the provision of services whose price depends on fluctuations in the financial market which the employer cannot control and which may occur during the withdrawal period.

The provision of services, once the service has been fully executed, when the execution has begun, with the express prior consent of the consumer and user and with the recognition of its knowledge that, once the contract has been fully executed by the employer, it will have lost its right of withdrawal.

Contracts in which the consumer and user has specifically requested the employer to visit him for urgent repair or maintenance operations; if, on that visit, the employer provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out maintenance or repair operations, the right of withdrawal must apply to those additional services or goods.

The provision of sealed sound or video recordings or sealed software that have been unsealed by the consumer and user after delivery.

The provision of digital content that is not provided on a material medium when the execution has begun with the prior express consent of the consumer and user with the knowledge on their part that consequently loses their right of withdrawal.

 

Steps to follow

It is imperative that you contact us and open an incident before deciding to send us the product back. You can contact us by customerservice +34 950 67 06 15 or via email to the e-mail address: info@3phone.es

To ship it back to our facility, you must pack it perfectly to ensure that it does not suffer damage during transportation, as well as send us the delivery note. Likewise, you must return the product with all its contents to: Calle Calz. de Castro, no. 40, Almería, 04006, Spain.

Once the returned order has been received, you can take advantage of one of the following options, provided that the problem indicated in your claim has been verified:

Money back

Changing the product for another of equal value.

Once we verify that the products you return to us meet all the specifications marked herein, we will send you an email informing you that the return has been accepted. The refund of the amount will be launched as soon as possible but always within 14 days of receipt of the returned product.

In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the corresponding period.

In case the withdrawal request is accepted we will refund the purchase amount and the initial transport costs, the costs of the return will be borne by the consumer.

We will proceed to make such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise.

Case 2: Returns for defective product

In cases where you consider that at the time of delivery of the product, does not comply with the stipulations in the order, you must contact us immediately through the customer service phone +34 950 67 06 15 or via email to the e-mail address: tienda@3phone.es, where we will indicate how to proceed. In the case of custom orders, since these are fully customized orders, to which we cannot give exit, we cannot offer the possibility of returning the product if it has no manufacturing defect.

The customer or a person in charge of the same must check immediately after receipt if the goods present damage caused by the transport, also must ask the carrier for written confirmation of the noticeable damage of the packaging caused by the transport in the goods and inform us of them upon receipt of the same to the telephone where we will give the instructions to proceed with the return , it is important that we be notified immediately in order to carry out the appropriate procedures.

*Any claim regarding the receipt of material or damage thereto must be presented in the most imminent way possible, to proceed with the management of them..

We will examine the returned product and notify you by e-mail or telephone within a reasonable time if the return or replacement of the same is appropriate (if any). The return or replacement of the item will be made as soon as possible and, in any case,  within 14 calendar days following the date on which we send you an email confirming that the return or replacement of the non-compliant item is due.

The amounts paid for those products that are returned due to any tare or defect, when it actually exists, will be refunded in full, including the shipping costs incurred to deliver the item to you. The refund will be made in the same means of payment that was used to pay for the purchase.

Returns that result from an error in the service. In such a case we undertake to exchange the product for another same as long as there is availability of the same. In the event that the change could not be made, the amount will be refunded.

6. Applicable warranties

In accordance with the provisions of Royal Legislative Decree 1 / 2007 all products have a two-year warranty from the date of delivery, in case of any manufacturing defect.

Depending on the type of product in question, the warranty will be provided by the manufacturer of the product. If you need to make use of the warranty we suggest that you contact through the customer service phone  +34 950 67 06 15 or via email to the e-mail address: tienda@3phone.es

Damage or damage due to incorrect use or handling of the item or wear caused by normal use of the item is not included in this warranty.

7. Refunds

The refund will be made to the account used for payment. For on-account payments or advance payments by wire transfer, the refund will be sent to the account from which the payment was made. If you pay by PayPal/credit card, the refund will be made to the account associated with your PayPal account/credit card.

8. Customer service

For any questions, please check our Help section or contact us.

9. Legal liability for defects and additional information

This website is subject to Spanish law and in case of dispute or controversy arising from the use of this website both parties submit to the jurisdiction of the courts of the city of Almería. This express submission clause to the courts of the city of Almería will not apply for cases of dispute with the users of the website who, according to the current legislation or hold the status of consumers, in which case the provider and the user, agree to submit any dispute that may arise from the provision of the products or services subject to these Conditions, to the Courts and Tribunals where the user is located. Likewise, the provider and the user may submit their disputes to the arbitrations provided for in the legislation of arbitration and defense of consumers and users, and to the procedures for the out-of-court resolution of disputes that are established by means of codes of conduct or other instruments of self-regulation.