General Conditions of Contract

HOLDER'S IDENTIFYING INFORMATION

These General Terms and Conditions of Contract regulate the purchase conditions for the different products offered on our Website newskillgaming.com (hereinafter, the “WEB”) owned by:

Holder: NEW ALTERNATIVE TECHNOLOGIES, S.L.U. (hereinafter, “NAT”).

Tax ID (C.I.F): B-73869018.

Registered address: Avenida de Suiza nº 9, Polígono Industrial de Alhama de Murcia (30840) Alhama de Murcia (Murcia) Spain.

Murcia Mercantile Register, Volume 3081, folio 211, sheet MU-85916.

 Contact: https://www.newskillgaming.com/es/contactenos

 

GENERAL TERMS AND CONDITIONS OF CONTRACT APPLICABLE IN 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 Users and other complementary laws.

Law 34/2002, of July 11, on services of the information society and electronic commerce.

Directive 2000/31/EC of the European Parliament and of the Council, of June 8, 2000.

PURPOSE

It will be an indispensable requirement to read and accept the General Terms and Conditions of Contract (hereinafter, “GTC”), prior to the purchase of any product through the Website.

For the purposes of this contract, "Consumer" or "Client" shall mean, interchangeably: a natural or legal person acting outside the scope of a business or professional activity. That is, who participates in consumption relations for private purposes, contracting goods and services offered by PcComponentes as the final recipient, without incorporating them, either directly or indirectly, into production, marketing or provision processes to third parties.

Consumers who make purchases on the Website fully accept these GTC and will be bound by them, as if they were written at the time of contracting/purchase.

NAT reserves the right to modify the GTC at any time and without prior notice. The GTC will always be accessible from the website for consultation or printing.

Prices and sales conditions are for informational purposes only and may be modified due to market fluctuations. Placing an order implies conformity with the offered price and with the general conditions in force at that moment.

Once the order has been formalized, the purchase will be considered perfected with all applicable legal guarantees.

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 client area.

NAT reserves the right to deny or suspend access to the Website's services for breach of contractual good faith, legislative breach, breach of these GTC, and in cases of fraud.

PURCHASE PROCESS

To make a purchase on the Website, the process will be as follows:

1. Select the desired product on the Website.

2. Click on "Add to cart". In the upper right corner, you can access "Your cart" where the Consumer can view the selected products "View items in your cart".

3. Once the product selection is complete, you will need to click on "Order".

4. Promotional code. If you have a promotional code, you can enter it in the "Promotional code" field and the final purchase price will appear after applying the discount associated with the promotional code.

5. Step 1: To proceed with the purchase process, 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. It is also possible to log in with your Amazon account.

6. Step 2: If you wish to change the delivery and billing address, you must indicate it in the second step "Addresses". You can select a billing address different from the delivery address by clicking on the "Billing address differs from shipping address" section.

7. Step 3: The identifying data of the transport 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 your order details.

10. Accept these General Terms and Conditions of Contract and click on "Pay now and finish".

11. Once the purchase process is completed, the client will automatically receive an email containing the order details, these conditions, and the withdrawal form.

 

SHIPPING

Products sold by NAT are offered within the limits of available stock and subject to the availability of Products in store or warehouse.

The estimated delivery time ranges between 24 and 48 hours. The times are indicative and we cannot guarantee their fulfillment, although we try for the transport companies to comply with them.

The Customer is invited to check the conformity of the Products upon delivery, as well as any apparent defect or damage, notifying customer service as soon as possible, attaching photographs of the condition of the product and packaging.

If you receive a product damaged by transport, it is recommended to contact us within the first 24 hours and, in any case, you must report the damages within the legal period of seven (7) days from receipt.

The Customer is solely responsible in case of non-delivery due to error or lack of information in the provided address.

 

GEOGRAPHICAL LIMITS

NAT will only deliver within Peninsular Spain and Portugal and the Balearic Islands.

 No sales or deliveries are made to the Canary Islands, Ceuta or Melilla.

 

SHIPPING COSTS

Shipping costs will be free for orders equal to or greater than 55 euros.

For orders under 55 euros, additional information on shipping costs can be found at the following link:

Conditions for shipping and returns

 [JC1] 

SHIPPING CONDITIONS

The Client must select delivery to the postal address designated in the order form; it cannot correspond to a post office box or public places, such as public roads, squares, stations, airports, or similar.

 - Home delivery. 

 The customer must include, as a necessary requirement, the delivery address and the billing address. The delivery person will contact you by phone if they are unable to make the delivery. Two delivery attempts will be made, and then the order will be returned to the factory. 

NAT delivers orders throughout the Peninsula (Spain and Portugal) 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 address is incomplete or incorrect, as well as if delivery is requested to the Canary Islands, Ceuta, and Melilla.

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 (ceiling height, elevator, narrow spaces, etc.) cannot be delivered to your home by the delivery person, may be delivered to the consumer at street level. If the customer does not wish to receive the order at street level, they can refuse it free of charge.

 

PRICES

Product prices are always shown in euros and include VAT, as well as any other applicable taxes, being those in force and legally applicable at that time.

The retail prices of published products do not include the cost of the shipping service. The shipping service is the responsibility of the consumer and will be added, where applicable, to the total amount of the order, these being identified independently before the sale is confirmed.

Within legal limits, if NAT identifies a manifest error in the price of any of the products published on the website, it will immediately inform the customer and NAT will proceed with the corresponding price rectification through the Website and the cancellation of the order. If the customer wishes to make the purchase again, they can do so by accessing the product publication. In these cases, NAT will not be responsible for any computer, manual, or automated error that causes a substantial alteration in the price of a product sold on the Website that is manifestly lower to a minimally informed consumer than the reasonable market price, insofar as it is considered an act of bad faith on the part of the consumer.

NAT expressly reserves the right to modify product prices on the Website at any time, without prior notice. However, in any case, the current rates indicated on the Website at the time the corresponding order is placed will apply. In the case of an offer, the price is not reserved by adding it to the cart; the customer must formalize the purchase to enjoy the offer.

All information regarding prices, products, specifications, promotional campaigns, and services may be changed by NAT at any time. If you have made a purchase and have the receipt, you can request an electronic invoice by contacting NAT through the following link Contact [JC2] indicating the order number, date, and amount of the transaction, and 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 the order being shipped, the invoice will be available in the order history.

PRODUCT PRESALE CONDITIONS

Presale conditions only apply to products that have not yet been released on the market and are expressly designated with the "Presale" label by NAT. Presale will not apply to products not expressly mentioned, nor to products that have already been released.

The presale price is fixed and will not be subject to modifications by NAT.

On the product launch date indicated on the Website, NAT will process the shipment of presale products. The customer may withdraw from the contract within thirty days from delivery in accordance with the provisions of the "Right of Withdrawal" section of these GTC. In case of a delay in the launch date due to force majeure or causes not attributable to NAT, customers will be informed by email and a new date will be provided, customers being entitled to terminate the contract if the new proposed date does not suit their interests.

PAYMENT METHODS TO BE REVIEWED AS PER CONTRACT

NAT offers the customer the following payment methods:

● Credit/debit card

● Paypal

● PayPal Pay Later (pay in 3 installments)

● Aplázame

● Credit/debit card

Payment is managed directly by the payment entity REDSYS SERVICIOS DE PROCESAMIENTO, S.L., with registered office at Calle Francisco Sancha, number 12, Madrid, Spain. Additional information about REDSYS SERVICIOS DE PROCESAMIENTO, S.L. is available on Redsys. The cards currently accepted by the payment gateway are: MasterCard, Visa, and Maestro.

NAT does not process data related to the card number provided by the customer through the payment gateway.

When paying by card, the following data will always be requested: card number, expiry 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 data, nor should you provide such information by other means. If you have any questions about this, you can contact us through Contact[JC3]

● Financing. Aplázame

NAT does not provide financing services. All financing services are offered by third parties. Information about the financial entities that provide services through our website:

Wizink Bank S.A.U. (Aplazame): https://aplazame.com/

We recommend the customer to review the legal 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 method, the customer must have an account on the Paypal platform.

Likewise, when the Customer has a Paypal account, they may also use the deferred payment method Paypal Pay Later. This payment system is subject to the conditions of the owner, PayPal Holdings, Inc.

Paypal payment methods are managed by the companies that own these payment methods, so NAT disclaims any responsibility for problems arising from the use of these systems or platforms unrelated to NAT.

FEES, TAXES, AND DUTIES

● Peninsula and Balearic Islands

The retail price (RRP) of items shipped to the Peninsula and Balearic Islands includes 21% VAT.

ORDER CANCELLATION

Order cancellations that involve a refund to the customer via 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 can request its cancellation through the Contact form. If the order is in the acceptance or preparation phase, NAT will process an automatic refund. If the order is in delivery, an order will be given to the transport agency for its return and, once the product is received at NAT's facilities, a full refund will be processed in favor of the customer.

RIGHT OF WITHDRAWAL

In case of withdrawal, the consumer will bear the direct costs of return, which will be deducted from the refund.

NAT will assume the return costs only in case of manufacturing defect. Manufacturing defects are considered to be:

• Original electrical or electronic failures.
• Structural or mechanical problems from first use (loose parts, internal breakages, mechanisms that do not work).
• Obvious defective finishes (poorly finished seams, deformations, incorrectly assembled parts).
• Missing or incorrectly assembled components from the factory.

In these cases, collection will be free of charge.

The refund will be made once the condition of the merchandise has been checked and within a maximum of fourteen days from the effective receipt of the withdrawal request or from when NAT is aware of the product shipment.

NAT may refuse the refund if the product does not meet the required return conditions.

The customer must return the merchandise in its original, undamaged condition and with its packaging protected.

NAT informs that the Revised Text of the General Law for the Defense of Consumers and Users ("TRLCU") establishes several options for exercising the right of withdrawal. Among them, it includes the possibility of doing so by filling out a form electronically. In order to shorten times and for the consumer to make the return conveniently and without delays, NAT advises you to use this option and fill out the withdrawal form.

In accordance with current legislation, the contract may be cancelled, without the need to justify such a decision and without any penalty, within 30 calendar days from the receipt of the merchandise by the client; except for spare parts, for which withdrawal or return is not accepted, except in the case of a defective product or an error in the shipment on our part. NAT provides the consumer with the withdrawal form.

The consumer will only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, or functioning.

The right of withdrawal will not apply to contracts relating to:

a. The provision of services, once the service has been fully performed, and if the contract imposes a payment obligation on the consumer, when the performance has begun, with the consumer's prior express consent and with their acknowledgment that, once the trader has fully performed the contract, they will have lost their right of withdrawal.

b. The supply of goods or the provision of services whose price depends on fluctuations in the financial market that the trader cannot control and that 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 are liable to deteriorate or expire rapidly.

e. The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.

f. The supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.

g. The supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the sales contract, which can only be delivered after 30 days and whose actual value is dependent on fluctuations in the market that cannot be controlled by the trader.

h. Contracts where the consumer has specifically requested the trader to visit them to carry out urgent repair or maintenance operations; if, during such a visit, the trader provides services in addition to 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 should apply to those additional services or goods.

i. The supply of sealed audio or video recordings or sealed computer software that were unsealed by the consumer after delivery.

j. The supply of a daily newspaper, periodical or magazine, with the exception of subscription contracts for the supply of such publications.

k. Contracts concluded at a public auction.

l. The provision of accommodation services other than for residential purposes, goods transportation services, car rental services, catering services or services related to leisure activities, if the contracts provide for a specific date or period of performance.

m. The supply of digital content which is not supplied on a tangible medium if the performance has begun and, if the contract imposes a payment obligation on the consumer, when the following conditions are met:

 1. The consumer has given their prior express consent to begin performance during the withdrawal period.

2. The consumer has acknowledged that they thereby lose their right of withdrawal; and.

3. The trader has provided confirmation in accordance with Article 98.7 or Article 99.2 TRLCU.

 Once we receive the product(s), we will refund your money using the payment method you used:

● If you paid by card, we will make the credit to your account within 48 to 72 hours.

● If you paid by financing, we will proceed to manage the total or partial cancellation of the financed amount, as appropriate, with the financial entity.

● PayPal. NAT will issue a refund order through the chosen payment system.

 In case 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 ordinary 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 checked and, in any case, within a maximum of fourteen (14) calendar days from the effective receipt of the withdrawal request. In the event that the Customer returns the item through a transport company of their choice, the fourteen (14) day period will begin to count from the date NAT becomes effectively aware of the shipment of the merchandise or, failing that, from the receipt of the item.

For orders returned due to withdrawal without any manufacturing defect, the consumer and user will bear the direct costs of return (transport costs) of the products subject to the right of withdrawal.

These expenses will be duly informed and will be expressly itemized in the corresponding invoice. The amount will be deducted from the refund, and the Customer expressly authorizes said compensation. The remaining amount will be refunded by the same payment method used in the initial transaction.

NAT will verify the suitability of the returned product in its warehouse, reserving the right not to make the refund if it detects that the product does not comply with the requirements determined in these General Terms and Conditions.

NAT recommends that its Users keep the original packaging of the products for at least 30 days from receipt of the order in order to use it in cases of withdrawal.

*Return of products with a gift or promotion: the complete return (full pack or item + gift) will be mandatory in order to proceed with the refund. In the case of products that include game download codes, it will be a requirement that the code has not been downloaded to proceed with the full refund. If it has been downloaded, the amount of the game will be deducted from the total to be refunded.

Digital content: Withdrawal return will only be applicable provided that the product code has not yet been discovered or downloaded.

In order to avoid any damage during shipping, all merchandise must be returned in its original, perfect condition and protected, avoiding stickers, seals or adhesive tapes directly on the surface or packaging of the item.

 

WARRANTIES

In accordance with current regulations, all new products sold on the Website - acquired 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 "Refurbished" have a legal warranty period of one year.

In case of a defective product, NAT will proceed, as appropriate, to repair, replace, reduce the price or terminate the contract, these procedures being free of charge for the consumer. The shipment of a defective product for repair or replacement will be free for the customer provided that the defect is covered by the warranty.

The warranty does not cover defects caused by incorrect use of the product and/or handling of the same other than that necessary to establish its nature, characteristics, or operation. In these cases, the consumer must pay for its repair. Therefore, the following are excluded from the warranty:

● Defects and damage caused by external events, accidents, especially electrical accidents, by wear and tear and by 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 equipment, components or peripherals.

 ● Incorrect software/hardware configuration or breakdown of equipment caused by a component not supplied by NAT and incorporated by the customer.

 ● Computer virus infection by the customer, on equipment, hard drives or driver or additional software diskettes.

Unless proven otherwise, products shall be deemed to conform 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, please contact NAT via the following form Contact Us and follow the instructions of NAT's customer service staff.

In the event that the product is exempt from warranty for legally established reasons, NAT will inform the consumer about the possibility of requesting a quote. After the quote is issued – previously requested by the client – if the client rejects it, the costs of preparation will be borne by the client in accordance with Royal Decree 58/1988, of January 29, on the protection of consumer rights in the repair service of household appliances.

 

CUSTOMER SERVICE AND AFTER-SALES SERVICE

You can handle any query, suggestion or after-sales procedure in writing through the online form Contact Us.

NAT provides complaint forms to users who request them. To request a complaint form, please send your request using the form Contact Us.

 

DATA PROTECTION

All information regarding the processing of personal data is available at the following link Privacy Policy.[JC4] 

 

PRIVATE COPY LEVY SYSTEM

Pursuant to Royal Decree-Law 12/2017 of July 3, which amends the revised text of the Intellectual Property Law, approved by Royal Legislative Decree 1/1996 of April 12, regarding the fair compensation system for private copying, NEW ALTERNATIVE TECHNOLOGIES, S.L.U. will have to charge, where appropriate, a levy for the sale of those non-typographic products or devices, offered for sale on the Website, which are exclusively intended for private, non-professional or non-business use, and which reproduce works (books or similar publications, phonograms and videograms) owned by third parties (publishers, producers of phonograms and videograms, performing artists...).

Notwithstanding the foregoing, the existence of a system of exemption and reimbursement of the payment of these compensations is hereby informed, which is regulated in the new art. 25, points 7 and 8 of the Intellectual Property Law, modified by the aforementioned Royal Decree-Law 12/2017, which regulates the manner and requirements to justify the right to reimbursement for those natural and legal persons exempted by law and/or those who, without being exempted, have proven that the acquired product is intended exclusively for professional use or for export or intra-community delivery.

In this regard, those companies, professionals, self-employed workers and public bodies exempted in the sense indicated must mandatorily provide NAT with the certificates established by the Royal Decree-Law, proving that they fall within the cases of levy exemption in order to apply them legally.

More information at the following link: http://www.boe.es/boe/dias/2017/07/04/pdfs/BOE-A-2017-7718.pdf

 

Out-of-court dispute resolution

This company rejects the possibility of submitting the resolution of possible consumer disputes to conciliation, mediation and/or arbitration that may be offered to us by any competent body in the matter. Likewise, it is confirmed that NAT is not adhered to the consumer dispute resolution system.

In compliance with the provisions of articles 40 and 41 of Law 7/2017, of November 2, which incorporates into Spanish law Directive 2013/11/EU of the European Parliament and of the Council, of May 21, 2013, on alternative dispute resolution for consumer disputes, it is informed that the competent body for handling claims is the Consumer Arbitration Board of the Region of Murcia located at Ronda de Levante, 11, 3rd floor CP, 30008 Murcia, with email address for contact purposes: juntaarbitral@listas.carm.es

In application of Royal Legislative Decree 1/2007, of November 16, and the Agreement of the Consumer Cooperation Commission, in its meeting of June 5, 2009, ratified in the minutes of meeting number 26 of the Sectoral Conference on Consumption of March 23, 2011, claims will be processed in the Community of the claimant's domicile. 

Applicable law and jurisdiction

These General Contracting Conditions are governed by common Spanish law. For the resolution of any conflicts that may arise, the parties submit to the courts of the Consumer's domicile.