General Conditions of Contract
IDENTIFICATION DATA OF THE OWNER
These General Terms and Conditions of Contract regulate the purchasing conditions of the different products offered on our website newskillgaming.com (hereinafter, the "WEB") owned by:
Owner: NEW ALTERNATIVE TECHNOLOGIES, SLU (hereinafter, “NAT”).
CIF: B-738691018.
Registered office: Avenida de Suiza No. 9, Industrial Park of Alhama de Murcia (30840) Alhama de Murcia (Murcia) Spain.
Commercial Registry of Murcia, Volume 3081, folio 211, page MU-85916.
Contact: https://www.newskillgaming.com/es/contactenos
GENERAL CONTRACTING CONDITIONS APPLICABLE TO THE TERRITORY OF SPAIN
APPLICABLE REGULATIONS
Law 7/1998, of April 13, on general contracting conditions.
Royal Legislative Decree 1/2007, of November 16, approving the revised text of the General Law for the Defense of Consumers and other complementary laws.
Law 34/2002, of July 11, on information society services and electronic commerce.
Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market (Directive on electronic commerce).
OBJECT
It is an essential requirement to read and accept the General Terms and Conditions of Contract (hereinafter, "GTC") prior to purchasing any product through the Website.
For the purposes of this contract, "Consumer" shall mean any natural person acting for a purpose other than his or her commercial, business, trade or profession.
Consumers who make purchases on the Website fully accept these Terms and Conditions and will be bound by them, just as if they were written at the time of contracting/purchase.
NAT reserves the right to modify the Terms and Conditions at any time and without prior notice. The Terms and Conditions will always be accessible from the website, so that the consumer can view or print them at any time.
Prices and terms of sale are for informational purposes only and may be subject to change due to market fluctuations. However, placing an order by completing the purchase form implies acceptance of the price offered and the general terms and conditions in effect at that time.
Once the order has been formalized, the purchase will be deemed to have been fully completed, with all the legal guarantees that protect the acquiring consumer. From that moment on, the prices and conditions will be contractual and may not be modified without the express agreement of both contracting parties.
Spanish will be the language used to formalize the contract. The electronic document formalizing the contract will be archived and the consumer will have access to it in their customer area.
NAT reserves the right to deny and/or suspend access to the services provided on the Website for reasons of breach of good faith, non-compliance with applicable legislation, these Terms and Conditions, and/or in cases of fraud detected by this company and/or any of its suppliers.
PURCHASE PROCESS
To make a purchase on the Web, the process to follow will be as follows:
1. Select the desired product on the Website.
2. Click "Buy." In the upper right corner, you can access "My Cart," where you can view the selected products. "View items in your cart."
3. Once you have completed your product selection, click “Place Order.”
4. Promotional code. If you have a promotional code, you can enter it in the "Promotional Code" field. The final purchase price will appear after applying the discount associated with the promotional code.
5. Step 1: To complete the purchase, the Consumer must log in and accept the Privacy Policy. If the Consumer is not registered on the Website, they must create an account in the "Create Account" section. You can also log in with your Amazon account.
6. Step 2: If you wish to change the delivery and billing addresses, you must indicate this in the second step, "Addresses." You can select a billing address other than the delivery address by clicking on the "Billing address differs from shipping address" section.
7. Step 3: The identifying information of the shipping company responsible for managing the delivery of your order will appear.
8. Step 4: Select payment method.
9. View order summary. In the "View details" section, you can review the details of your order.
10. Accept these General Terms and Conditions and click "Pay now and finish."
11. Once the purchase process is complete, the customer will automatically receive an email containing the order details, these terms and conditions, and the withdrawal form.
SHIPPING
Products sold by NAT are offered within the limits of available stock and, in particular, based on the availability of NAT Products in store or in warehouse.
The estimated delivery time is between 24 and 48 hours. These deadlines are indicative and we cannot guarantee compliance, although we try to ensure that shipping companies meet them whenever possible.
Delivery times depend on the availability of each product, which is indicated on each product offered, as well as the logistical capacity of the shipping companies we work with. For orders containing multiple items, a single shipment will be made, and the estimated delivery time will correspond to the item with the longest delivery time.
The Customer is encouraged to check, at the time of delivery, that the Products comply with their order, as well as any apparent defects, damage, or deterioration, and to notify NAT Customer Service as soon as possible, enclosing supporting documents (photographs). If you receive a product damaged during shipping, we recommend contacting us within the first 24 hours at https://www.newskillgaming.com/es/contactenos . Likewise, in order to expedite the return process, we would appreciate it if you could send us photographs of the damaged item and its packaging, in the part where the damage is visible, as well as the product's serial number.
The Customer is solely responsible in the event of non-delivery due to missing or incorrect information when placing the Order.
GEOGRAPHICAL LIMITS
NAT will only deliver to mainland Spain and the Balearic Islands. NAT does not sell to the Canary Islands, Ceuta, or Melilla.
SHIPPING COSTS
Shipping costs will be free for orders equal to or greater than 45 euros.
For orders under €45, shipping costs will be €3.89 in mainland Spain and €5.25 if you place your order in the Balearic Islands.
You can find additional information about shipping costs at the following link : Free shipping and returns in mainland Spain.
COLLECTION AND SHIPPING CONDITIONS
The Customer must select shipping to the postal address designated on the order form. This address cannot be a PO box or public place, such as public roads, plazas, stations, airports, or similar locations.
- Home delivery.
The customer must include the delivery and billing addresses as required. The delivery person will contact you by phone if delivery cannot be made. Two delivery attempts will be made, and the order will then be returned to the factory or placed at the nearest collection point, as indicated by the customer.
NAT delivers orders throughout the Iberian Peninsula (Spain) and the Balearic Islands. No deliveries will be made to the Canary Islands, Ceuta, and Melilla. NAT reserves the right not to deliver products if the complete and correct address is not available, as well as if delivery is requested to the Canary Islands, Ceuta, and Melilla.
After two delivery attempts have elapsed without delivery, the shipping agency will be authorized to deposit your order at the nearest official collection point, which will be notified to the consumer via electronic communication. In this case, the Customer may choose to collect the order at the official collection point or, alternatively, refuse collection at the delivery point and terminate the contract. In this case, the full amount of the order will be refunded.
In general, the order will be delivered to the address indicated by the consumer. However, in exceptional cases, items that due to their volume, weight, or delivery conditions (high ceilings, elevators, narrow spaces, etc.) cannot be delivered to the consumer's home by the delivery person may be delivered curbside. If the customer does not wish to receive the order curbside, they may refuse it free of charge.
PRICES
Product prices are always shown in euros and include VAT, as well as any other applicable taxes, which are those currently in force and legally applicable at that time.
The sale prices of the products listed do not include the cost of shipping. Shipping costs are the consumer's responsibility and will be added, where applicable, to the total order amount. These costs will be identified separately before confirming the purchase.
Within the limits of the law, if NAT identifies a manifest error in the price of any of the products published on the website, it will immediately notify the customer, and NAT will proceed with the corresponding price correction through the Website and cancel the order. Should the customer wish to repurchase, they may do so by accessing the product listing. In these cases, NAT will not be liable for any computer error, whether manual or automated, that causes a substantial change in the price of a product sold on the Website that, for a minimally informed consumer, is manifestly lower than the reasonable market price, to the extent that it is considered an act of bad faith on the part of the consumer.
NAT expressly reserves the right to modify the prices of products on the Website at any time without prior notice. However, in all cases, the current rates indicated on the Website at the time the corresponding order is placed will apply. If this is an offer, the price for adding it to the cart is not reserved; the customer must complete the purchase to benefit from the offer.
All information regarding prices, products, specifications, promotional campaigns, and services may be changed at any time by NAT. If you have made a purchase and have the receipt, you can request an electronic invoice by contacting NAT through the following link: https://www.newskillgaming.com/es/contactenos , indicating the order number, the date, and the amount of the transaction. We will send you a copy of the invoice by email.
Order invoices can be downloaded from our website by logging into the user profile through which the order was placed. Within approximately 24 hours of submitting the order, the invoice will be available in your order history.
PRE-SALE CONDITIONS OF PRODUCTS
Pre-sale conditions apply only to products not yet released on the market and specifically designated "Pre-sale" by NAT. Pre-sale will not apply to products not specifically mentioned, nor to products already released.
The pre-sale price is fixed and will not be subject to changes by NAT.
On the launch date of the product indicated on the Website, NAT will process the shipment of the pre-ordered products. The customer may withdraw from the contract within thirty days of delivery, in accordance with the provisions set forth in the "Right of Withdrawal" section of these Terms and Conditions. In the event of a delay in the launch date due to force majeure or causes not attributable to NAT, customers will be informed by email and provided with a new date. Customers are entitled to terminate the contract if the proposed new date is not in their best interest.
PAYMENT METHODS
NAT offers the following payment methods to the client:
● Credit/Debit Card
● Paypal
● PayPal Pay Later (pay in 3 installments)
● Flatten me
Payment is handled directly by the payment entity REDSYS SERVICIOS DE PROCESAMIENTO, SL, with registered office at Calle Francisco Sancha, number 12, Madrid, Spain. Additional information about REDSYS SERVICIOS DE PROCESAMIENTO, SL is available at Redsys. The cards currently accepted by the payment gateway are: MasterCard, Visa, and Maestro.
NAT does not process data relating to the card number provided by the customer through the payment gateway.
When paying by card, the following information will always be requested: card number, expiration date, and a validation code, which corresponds to the last three digits of the number printed in italics on the back of your card. We will not contact you by phone to request additional information, nor should you provide this information by any other means. If you have any questions regarding this matter, you can contact us at https://www.newskillgaming.com/es/contactenos
● Financing.
NAT does not provide financing services . All financing services are offered by third parties. Information about the financial institutions that provide services through our website:
Wizink Bank SAU (Aplazame): https://aplazame.com/
We recommend that customers review the legal terms and conditions of the corresponding financial institution before contracting their services. NAT is not responsible for this service.
● Paypal.
The owner of this payment system is PayPal Holdings, Inc. Additional information: https://www.paypal.com/es/legalhub/useragreement-full . To use this option, the customer must have a PayPal account.
Likewise, if the Customer has a PayPal account, they may also use the PayPal Pay Later deferred payment method. This payment system is subject to the terms and conditions of the account holder, PayPal Holdings, Inc.
Paypal payment methods are managed by the companies that own them, so NAT declines any responsibility for problems arising from the use of these systems or platforms outside of NAT's control.
FEES, TAXES AND TARIFFS
● Peninsula and Balearic Islands
The RRP (retail price) of items shipped to the Peninsula and the Balearic Islands includes 21% VAT.
ORDER CANCELLATION
Those order cancellations that involve the refund of payment to the customer and that are by bank transfer will have a maximum period of thirty (30) days for administrative procedures, although we try to ensure that the period does not exceed seven (7) days.
Before receiving the order, the Customer may request cancellation by completing the form https://www.newskillgaming.com/en/contact-us . If the order is in the acceptance or preparation phase, NAT will process the automatic refund. If the order is being delivered, the return order will be sent to the shipping agency, and once the product is received at NAT's facilities, the full refund will be processed.
RIGHT OF WITHDRAWAL
NAT informs you that the Revised Text of the General Law for the Defense of Consumers ("TRLCU") establishes several options for exercising the right of withdrawal. Among these options is the possibility of doing so by completing an online form. In order to shorten processing times and ensure that consumers can return their product conveniently and without delay, NAT advises you to use this option and complete the withdrawal form .
In accordance with current legislation, the contract may be terminated without justification and without penalty of any kind within 30 calendar days of the customer receiving the merchandise. This applies to replacement parts, which cannot be returned or withdrawn, except in the case of a defective product or a shipping error on our part. NAT provides the consumer with a withdrawal form .
The consumer shall only be liable for any decrease in the value of the goods resulting from handling them other than that necessary to establish their nature, characteristics, or functioning.
The right of withdrawal will not apply to contracts that refer to:
to. The provision of services, once the service has been fully executed, and if the contract imposes a payment obligation on the consumer, when execution has begun, with the prior express consent of the consumer and with the knowledge on their part that, once the entrepreneur has fully executed the contract, they will have lost their right of withdrawal.
b. The supply of goods or services whose price depends on fluctuations in the financial market beyond the entrepreneur's control and which may occur during the withdrawal period.
c. The supply of goods made to the consumer's specifications or clearly personalized.
d. The supply of goods that may deteriorate or expire quickly.
and. The supply of sealed goods that are not suitable for return due to health protection or hygiene reasons and that have been unsealed after delivery.
F. The supply of goods which, after delivery and taking into account their nature, have been inseparably mixed with other goods.
g. The supply of alcoholic beverages whose price has been agreed upon at the time of entering into the sales contract and which cannot be delivered within 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur's control.
h. Contracts in which the consumer has specifically requested the entrepreneur to visit them to carry out urgent repair or maintenance operations; if, during that visit, the entrepreneur provides additional services beyond those specifically requested by the consumer or supplies goods other than the spare parts necessarily used to carry out the maintenance or repair operations, the right of withdrawal must apply to those additional services or goods.
Yo. The supply of sealed sound or video recordings or sealed computer software that has been unsealed by the consumer after delivery.
j. The supply of daily newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications.
k. Contracts concluded through public auctions.
l. The provision of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food, or services related to recreational activities, if the contracts provide for a specific date or period of performance.
m. The supply of digital content that is not provided on a physical medium when performance has begun and, if the contract imposes a payment obligation on the consumer, when the following conditions apply:
1. The consumer has given his or her prior consent to initiate execution within the period of the right of withdrawal.
2. The consumer has expressed his/her awareness that he/she consequently loses his/her right of withdrawal; and.
3. The entrepreneur has provided confirmation pursuant to Section 98.7 or Section 99.2 TRLCU.
Once we receive the product(s), we will refund you according to the payment method you used:
● If you paid by card, we'll credit your account within 48 to 72 hours.
● If you paid through financing, we will proceed with a full or partial cancellation of the financed amount, as appropriate.
● Amazon Pay and PayPal. NAT will issue a refund through the chosen payment method.
In the event of withdrawal, NAT will refund all payments made for your order, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method we offer) and the limits established in this paragraph. The refund of the purchase amount will be made once the condition of the merchandise has been verified and, in any case, within a maximum of fourteen (14) calendar days from the effective receipt of the withdrawal request. If the Customer returns the item through a transport company of their choice, the fourteen (14) day period will begin to run from the moment NAT has effective knowledge of the shipment of the merchandise or, failing that, from the receipt of the item.
For orders delivered to the Balearic Islands, the consumer and user will bear the direct costs of returning the products (shipping costs) subject to the right of withdrawal. NAT assumes the return costs only for products delivered to mainland Spain.
NAT will check the suitability of the returned product in its warehouse, reserving the right not to issue a refund if it detects that the product does not meet the requirements set out in these GTC.
NAT recommends that its Users retain the original packaging for at least 30 days from receipt of the order in order to use it in the event of a withdrawal.
*Returns of products with gifts or promotions: a full return (full pack or item + gift) is required for a refund. For products that include game download codes, the game must not have been downloaded in order to receive a full refund. If the game has been downloaded, the game will be deducted from the total refund.
Digital Content: Returns for withdrawal will only be applicable if the product code has not yet been discovered or downloaded.
To avoid any damage during shipping, all merchandise must be returned in its original condition, in perfect condition, and protected. Avoid placing stickers, seals, or adhesive tape directly on the surface or packaging of the item.
WARRANTIES
In accordance with current regulations, all new products sold on the Website – purchased from January 1, 2022 – are guaranteed against manufacturing defects for a period of three (3) years from the date of delivery.
Second-hand products labeled as "Refurbished" have a one-year legal warranty.
In the event of a defective product, NAT will proceed, as appropriate, with repair, replacement, price reduction, or termination of the contract, all of which will be free of charge to the consumer. Shipping of a defective product for repair or replacement will be free of charge to the customer, provided the defect is covered by the warranty.
The warranty does not cover defects caused by improper use of the product and/or manipulation other than that necessary to establish its nature, characteristics, or operation. In these cases, the consumer must be responsible for repair. Therefore, the following are excluded from the warranty:
● Defects and deterioration caused by external factors, accidents, mainly electrical accidents, wear and tear, and use not in accordance with the product instructions or those given by NAT.
● Products modified or repaired by the customer or any other person not authorized by NAT, as well as products that are subject to a specific support contract.
● Incorrect software/hardware configuration, by the customer, of a computer, component or peripheral.
● Incorrect software/hardware configuration or equipment failure caused by a component not supplied by NAT and incorporated by the customer.
● Computer virus infection, by the client, on computers, hard drives, or diskettes containing drivers or additional software.
Unless proven otherwise, products will be deemed to be compliant when they meet the requirements established by Article 115 of Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and other complementary laws.
To process a product warranty claim, please contact NAT using the following form: https://www.newskillgaming.com/en/contact-us and follow the instructions provided by NAT's customer service team.
If the product is exempt from warranty for legally established reasons, NAT will inform the consumer about the possibility of requesting a quote. After issuing the quote (previously requested by the customer), if the customer rejects it, the processing costs will be borne by the customer in accordance with Royal Decree 58/1988, of January 29, on the protection of consumer rights in the repair of household appliances.
CUSTOMER SERVICE AND AFTER-SALES SERVICE
You can submit any questions, suggestions, or after-sales requests in writing using the online form https://www.newskillgaming.com/es/contactenos
NAT makes complaint forms available to users upon request. To request a complaint form, please submit your request using the form. https://www.newskillgaming.com/contact-us
DATA PROTECTION
All information relating to the processing of personal data is available at the following link Privacy Policy .
PRIVATE COPY FEE SYSTEM
Pursuant to Royal Decree-Law 12/2017 12/2017, of July 3, which modifies the revised text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996, of April 12, regarding the system of fair compensation for private copying, NEW ALTERNATIVE TECHNOLOGIES, SLU will have to charge, where appropriate, a fee for the sale of those non-typographic products or devices, offered for sale on the Web that, intended exclusively for private, non-professional or business use, reproduce works (books or similar publications, phonograms and videograms) owned by third parties (publishers, producers of phonograms and videograms, performing artists...).
Notwithstanding the foregoing, we inform you of the existence of a system of exception and reimbursement of the payment of these compensations, which is regulated in the new article 25, points 7 and 8 of the Intellectual Property Law, amended by the aforementioned Royal Decree-Law 12/2017, which regulates the method and requirements to justify the right to reimbursement for those individuals and legal entities exempted by law and/or those who, without being exempt, have proven that they are using the acquired product exclusively for professional use or for its export or intra-community delivery.
In this regard, those companies, professionals, self-employed individuals, and public bodies exempted in the aforementioned sense must provide NAT with the certificates established by the Royal Decree-Law, which prove they are within the conditions of exemption from the fee in order to legally apply them.
More information at the following link: http://www.boe.es/boe/dias/2017/07/04/pdfs/BOE-A-2017-7718.pdf
Online dispute resolution platform
Online dispute resolution for consumer disputes pursuant to Article 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available at the following link: http://ec.europa.eu/consumers/odr/ .
Legislation and applicable jurisdiction
These General Terms and Conditions of Contract are governed by common Spanish law. The parties submit to the courts and tribunals of the Consumer's domicile for the resolution of any disputes that may arise.
