GENERAL CONDITIONS OF SALE
https://quinto-elemento.es
1. GENERAL INFORMATION
The ownership of this website https://quinto-elemento.es , (hereinafter Website) is held by: Elements Entertainment SC , with NIF: J99486771 and registered in the Commercial Registry ; and whose registration details are: Elements Entertainment SC , whose contact details are:
Address: Breakfast at Tiffany's 3 Local Quinto Elemento
Contact phone number: 637674469
Contact email: info@quinto-elemento.es
This document (as well as other documents mentioned herein) regulates the conditions governing the use of this Website ( https://quinto-elemento.es ) and the purchase or acquisition of products and/or services therein (hereinafter, Conditions).
For the purposes of these Conditions, it is understood that the activity that Quinto Elemento carries out through the Website includes:
Marketing and distribution of board games, cards, and miniatures . Alternative leisure.
In addition to reading these Terms and Conditions, before accessing, browsing, and/or using this website, the User must have read the Legal Notice and the General Conditions of Use, including the cookie policy and the privacy and data protection policy of Quinto Elemento . By using this Website or by making and/or requesting the purchase of a product and/or service through it, the User agrees to be bound by these Terms and Conditions and by everything mentioned above. Therefore, if you do not agree with all of them, you should not use this Website.
Likewise, we inform you that these Terms and Conditions may be modified. Users are responsible for reviewing them each time they access, browse, and/or use the Website, as the Terms and Conditions in effect at the time they request the purchase of products and/or services will apply.
For any questions the User may have regarding the Terms and Conditions, they may contact the owner using the contact information provided above or, where applicable, using the contact form.
2. THE USER
Access, browsing and use of the Website confers the status of user (hereinafter referred to, indistinctly, individually as User or jointly as Users), whereby all the Conditions established herein are accepted from the moment browsing of the Website begins, as well as any subsequent modifications, without prejudice to the application of the corresponding mandatory legal regulations as the case may be.
The User assumes responsibility for proper use of the Website. This responsibility extends to:
· Use this Website only to make legally valid inquiries and purchases or acquisitions.
· Do not make any false or fraudulent purchases. If such a purchase could reasonably be considered, it may be cancelled and the relevant authorities reported.
· Provide truthful and lawful contact information, such as email address, postal address, and /or other information (see Legal Notice and General Conditions of Use).
The User declares to be over 18 years of age and to have the legal capacity to enter into contracts through this Website.
The Website is primarily intended for Users residing in Spain. Quinto Elemento does not guarantee that the Website complies with the laws of other countries, either in whole or in part. Quinto Elemento declines all liability that may arise from such access, nor does it guarantee shipments or provision of services outside of Spain.
The User may, at their discretion, formalize with Quinto Elemento the purchase agreement for the desired products and/or services in any of the languages in which these Terms and Conditions are available on this Website.
3. PURCHASE OR ACQUISITION PROCESS
Duly registered Users may purchase on the Website using the established methods and methods. They must follow the online purchasing and/or acquisition procedure at https://quinto-elemento.es , during which various products and/or services may be selected and added to the shopping cart, basket, or final purchase area. Finally, click on " ORDER WITH PAYMENT OBLIGATION ."
Likewise, the User must complete and/or verify the information requested at each step. However, during the purchasing process, before making the payment, the purchase details can be modified.
The User will then receive an email confirming that Quinto Elemento has received their order or request for purchase and/or service provision, i.e., the order confirmation. They will also be notified by email when their purchase is being shipped. If applicable, this information may also be made available to the User through their personal login space on the Website.
Once the purchase process has been completed, the User agrees that the Website will generate an electronic invoice, which will be sent to the User via email and, where applicable, through their personal account on the Website. Furthermore, the User may, if desired, obtain a paper copy of their invoice by requesting it from Quinto Elemento using the contact information on the Website or using the contact information provided above.
The User acknowledges that, at the time of purchase, they are aware of certain specific conditions of sale that apply to the product and/or service in question and that are displayed alongside the presentation or, where applicable, the image of the product and/or service on the Website page. These conditions include, but are not limited to, and depending on the case, the following: name, price, components, weight, quantity, color, product details or characteristics, the method in which the services will be provided, and/or the cost of the services. They also acknowledge that placing the purchase order or acquisition constitutes full and complete acceptance of the specific conditions of sale applicable to each case.
Unless expressly indicated otherwise, Quinto Elemento is not the manufacturer of the products sold or that may be marketed on the Website. While Quinto Elemento makes every effort to ensure that the information displayed on the Website is accurate, occasionally the packaging and/or materials and/or components of the products may contain additional or different information than that shown on the Website. Therefore, the User should consider not only the information provided on the Website, but also the information available on the labeling, warnings, and/or instructions accompanying the product.
4. AVAILABILITY
All purchase orders received by Quinto Elemento through the Website are subject to product availability and/or to the absence of any circumstances or force majeure (clause nine of these Terms and Conditions) affecting the supply of products and/or the provision of services. If difficulties arise regarding the supply of products or products are out of stock, Quinto Elemento undertakes to contact the User and refund any amount that may have been paid. This shall also apply in cases where the provision of a service becomes impossible.
5. PRICES AND PAYMENT
The prices displayed on the Website are final, in Euros (€) and include taxes, unless otherwise indicated and applied by legal requirement, especially with regard to VAT.
Shipping costs are included in the final product prices as shown on the Website. Quinto Elemento provides delivery and/or shipping services through: Tendencys Logistics Spain SL .
Under no circumstances will the Website automatically add additional costs to the price of a product or service, but only those that the User has voluntarily and freely selected and chosen.
Prices may change at any time, but any changes will not affect orders or purchases for which the User has already received an order confirmation.
The accepted payment methods will be: Credit or debit card, PayPal, and bank transfer.
Quinto Elemento uses every means possible to ensure the confidentiality and security of payment data transmitted by the User during transactions through the Website. As such, the Website uses a secure SSL ( Secure Socket Layer ) payment system.
Credit cards will be subject to verification and authorization by the issuing bank. If the bank does not authorize payment, Quinto Elemento will not be responsible for any delay or non-delivery and will not be able to enter into any contract with the User.
Once Quinto Elemento receives the purchase order from the User through the Website, a pre-authorization will be made on the corresponding card to ensure sufficient funds are available to complete the transaction. The card will be charged when the shipping confirmation and/or confirmation of the service provided are sent to the User in the manner and, where applicable, at the established location .
If the payment method is PayPal, the charge will be made when Quinto Elemento sends a confirmation of the purchase order or acquisition of products and/or services to the User.
In any case, by clicking on " ORDER WITH PAYMENT OBLIGATION " the User confirms that the payment method used is his or her own.
Purchase orders in which the User selects bank transfer as the payment method will be reserved for 5 calendar days from the order confirmation, allowing sufficient time for the bank transfer to be taken into account by the payment system used by Quinto Elemento for the Website. Once the system receives the transfer, the order will be prepared and processed for shipping.
When using this payment method, the User must ensure that they correctly enter the exact amount of the purchase order, as well as the account number and transfer reference. In the event of an error, Quinto Elemento will not be able to validate the order, which will be canceled.
6. DELIVERY
In cases where physical delivery of the contracted good is required, deliveries will be made within the following territory: Spain (Peninsula, Balearic Islands, Canary Islands, Ceuta and Melilla), European Union, Rest of Europe
Except in cases where there are unforeseen or extraordinary circumstances or, where applicable, arising from the customization of the products, the purchase order consisting of the products listed in each purchase confirmation will be delivered within the time period indicated on the Website according to the shipping method selected by the User and, in any case, within a maximum period of 30 calendar days from the date of the order confirmation.
If, for any reason attributable to Quinto Elemento , the delivery date cannot be met, the User will be contacted to inform them of this circumstance. They may choose to continue with the purchase by setting a new delivery date or cancel the order with a full refund. In all cases, home deliveries are made on business days.
If delivery is impossible due to the User's absence, the order may be returned to the warehouse. However, the carrier will leave a notice explaining the location of the order and how to arrange for a redelivery.
If the User will not be at the delivery location during the agreed time slot, they must contact Quinto Elemento to arrange delivery on another day.
If 30 days have passed since your order was available for delivery and it has not been delivered for reasons not attributable to Quinto Elemento , Quinto Elemento will understand that the User wishes to withdraw from the contract and it will be considered terminated. As a consequence of the termination of the contract, all payments received from the User will be returned, except for additional expenses resulting from the User's own choice of a delivery method other than the least expensive standard delivery method offered by the Website, without any undue delay and, in any case, within a maximum period of 14 calendar days from the date on which the contract is considered terminated.
However, the User must be aware that the transportation resulting from the resolution may have an additional cost that may be passed on to the User.
For the purposes of these Terms and Conditions, delivery or the order will be deemed to have occurred when the User or a third party designated by the User acquires physical possession of the products, which will be confirmed by signing the receipt of the order at the agreed delivery address.
Any risks arising from the products will be borne by the User from the moment of delivery. The User acquires ownership of the products when Quinto Elemento receives full payment of all amounts due in relation to the purchase or acquisition made, including shipping costs, or at the time of delivery, if this occurs after Quinto Elemento has received the full amount due .
In accordance with the provisions of Law 37/1992 of December 28, on Value Added Tax (VAT), purchase orders for delivery and/or service will be deemed to be located in the territory applicable to Spanish VAT if the delivery address is located in Spanish territory, excluding the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the legally applicable rate at any given time, depending on the specific item in question.
In this same sense, and in accordance with Chapter I of Title V of Council Directive 2006/112 of 28 November 2006 on the common system of VAT, purchase orders will be located , for delivery and/or provision, in the Member State of the European Union where the address appearing in the purchase order is located and, therefore, the applicable VAT will be the one in force in said Member State.
For orders destined for the Canary Islands, Ceuta, and Melilla, deliveries will be exempt from VAT pursuant to the provisions of Law 37/1992 and Directive 2006/112, without prejudice to the application of the corresponding taxes and tariffs in accordance with the regulations in force in each of these territories. Users should be aware that in these territories, there may be situations in which taxes and customs duties are applied and accrued at the destination, in accordance with current regulations, and that these may be at their expense.
For all other locations, other than those mentioned above, where purchase orders are located , the regulations in force at any given time will apply to their delivery and/or service. Users should be aware that this may result in the application and accrual of taxes and customs duties at the destination, in accordance with the regulations in force at the destination, and that these may be borne by the User. For further information, Users should contact the customs office at the destination.
7. TECHNICAL MEANS TO CORRECT ERRORS
Users are hereby informed that if they detect an error when entering the data necessary to process their purchase request on the Website, they may modify said data by contacting Quinto Elemento through the contact spaces provided on the Website and, where applicable, through those provided for contacting customer service, and/or using the contact information provided in the first clause (General Information). Users may also correct this information through their personal login space on the Website.
In any case, before clicking on " ORDER WITH PAYMENT OBLIGATION ", the User has access to the space, cart, or basket where their purchase requests are recorded and can make modifications.
Likewise, the User is referred to consult the Legal Notice and General Conditions of Use and, specifically, the Privacy Policy to gather more information on how to exercise their right of rectification as established in Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016, regarding the protection of natural persons with regard to the processing of personal data and the free circulation of these data (RGPD) and in Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights.
8. RETURNS
In cases where the User purchases products on or through the owner's Website, they have a series of rights, as listed and described below:
Right of Withdrawal
The User, as a consumer and user, makes a purchase on the Website and, therefore, has the right to withdraw from said purchase within a period of 14 calendar days without the need for justification.
This withdrawal period will expire 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the goods purchased on the Quinto Elemento Website or, in the event that the goods comprising your order are delivered separately, 14 calendar days after the day on which the User or a third party authorized by the User, other than the carrier, acquired material possession of the last of those goods that comprised the same purchase order, or in the case of a service contract, 14 calendar days from the day on which the contract was entered into.
To exercise this right of withdrawal, the User must notify Quinto Elemento of their decision . They may do so, where appropriate, through the contact spaces provided on the Website.
Regardless of the means chosen to communicate their decision, the User must clearly and unequivocally express their intention to withdraw from the purchase contract. In any case, the User may use the model withdrawal form that Quinto Elemento provides as an annex to these Terms; however, its use is not mandatory.
To comply with the withdrawal deadline, it is sufficient for the communication unequivocally expressing the decision to withdraw to be sent before the corresponding deadline expires.
In the event of withdrawal, Quinto Elemento will reimburse the User for all payments received, including shipping costs (with the exception of additional costs chosen by the User for a shipping method other than the least expensive method offered on the Website) without undue delay and, in any case, no later than 14 calendar days from the date on which Quinto Elemento is informed of the User's decision to withdraw.
Quinto Elemento will refund the User using the same payment method used to make the initial purchase transaction. This refund will not incur any additional costs for the User. However, Quinto Elemento may withhold said refund until it has received the purchased products or items, or until the User provides proof of their return, whichever condition is met first.
The User can return or send the products to Quinto Elemento at: Desayuno con Diamantes 3 Local Quinto Elemento, 50019, Zaragoza, Spain
And you must do so without undue delay and, in any case, no later than 14 calendar days from the date on which Quinto Elemento was informed of the decision to withdraw.
The User acknowledges that they must bear the direct cost of returning the goods (transportation, delivery), if any. Furthermore, they will be responsible for any decrease in the value of the products resulting from handling other than that necessary to establish the nature, characteristics, and functioning of the goods.
The User acknowledges that there are exceptions to the right of withdrawal, as set forth in Article 103 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. These exceptions, by way of example and not exhaustive, would include: personalized products; products that may deteriorate or expire quickly; music or video CDs /DVDs without their packaging, as sealed at the factory; products that, for hygiene or health reasons, are sealed and have been unsealed after delivery; and the supply of digital content without a physical medium.
The provision of a service that the User may contract on this Website is governed by the same principle, as this same Law establishes that the User will not have the right to withdraw when the provision of the service has been fully executed, or when it has begun, with the express consent of the consumer and user and with their acknowledgement that they are aware that, once the contract has been fully executed by Quinto Elemento , they will have lost their right to withdraw.
In any case, no refund will be issued if the product has been used beyond its mere opening, if it is not in the same condition as when it was delivered, or if it has been damaged after delivery.
Likewise, products must be returned using or including all original packaging, instructions, and any accompanying documents, as well as a copy of the purchase invoice.
You can download the withdrawal form template from the following link: https://quinto-elemento.es/es/contact
Return of defective products or shipping errors
This refers to all those cases in which the User considers that, at the time of delivery, the product does not comply with the provisions of the contract or purchase order, and that, therefore, they must contact Quinto Elemento immediately and inform them of the existing non-conformity (defect/error) by the same means or using the contact details provided in the previous section (Right of Withdrawal).
The User will then be informed how to proceed with the return of the products. Once returned, the products will be examined and the User will be informed, within a reasonable timeframe, whether a refund or, if applicable, a replacement is appropriate.
The refund or replacement of the product will be made as soon as possible and, in any case, within 14 days of the date on which we send you an email confirming that the refund or replacement of the non-compliant item is appropriate.
The amount paid for products returned due to a defect, when a defect actually exists, will be fully refunded, including delivery costs and any costs the User may have incurred in processing the return. The refund will be made using the same payment method the User used to pay for the purchase.
In any case, the rights recognized by the legislation in force at any given time for the User, as a consumer and user, will always apply.
Guarantees
The User, as a consumer and user, enjoys guarantees on the products that may be purchased through this Website, in the terms legally established for each type of product, Quinto Elemento being responsible , therefore, for any lack of conformity that may become apparent within a period of three years from the delivery of the product.
In this regard, products are deemed to comply with the contract provided that: they conform to the description provided by Quinto Elemento and possess the qualities presented therein; they are suitable for the uses for which products of the same type are ordinarily intended; and they present the quality and performance typical of a product of the same type and that are fundamentally expected of it. When this is not the case with respect to products delivered to the User, the User must proceed as indicated in the section on Return of Defective Products or Shipping Errors. However, some of the products sold on the Website may present non-uniform characteristics, provided that these derive from the type of material with which they were manufactured. Therefore, they will form part of the individual appearance of the product and will not be considered a defect.
On the other hand, the User may purchase a product from a third-party brand or manufacturer on the Website. In this case, and considering that the product is defective, the User also has the option of contacting the brand or manufacturer responsible for the product to find out how to exercise their legal warranty rights directly against them within three years of delivery of said products. To do so, the User must have retained all information regarding the product warranty.
However, to learn more about the After-Sales Service that Quinto Elemento provides to the Users of the Website, you can consult it here: https://quinto-elemento.es/es/contact
9. DISCLAIMER OF LIABILITY
Unless otherwise provided by law, Quinto Elemento will not accept any liability for the following losses, regardless of their origin:
· any losses that were not attributable to any breach on its part;
· business losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or unnecessary expenditure incurred); or
· any other indirect loss that was not reasonably foreseeable by both parties at the time the contract for the sale of the products was entered into between both parties.
Likewise, Quinto Elemento also limits its liability in the following cases:
- Quinto Elemento takes all necessary measures to ensure a faithful display of the product on the Website. However, it is not responsible for any minor differences or inaccuracies that may exist due to a lack of screen resolution, problems with the browser being used, or other similar issues.
- Quinto Elemento will act with the utmost diligence to make the product subject to the purchase order available to the company responsible for transporting it. However, it is not responsible for damages resulting from transport malfunctions, especially due to causes such as strikes, roadblocks, and, in general, any other causes specific to the sector that result in delays, loss, or theft of the product.
- Technical failures that, for fortuitous or other reasons, prevent the normal operation of the online service. Website unavailability for maintenance or other reasons, which prevents the service from being available. Quinto Elemento uses all available means to carry out the purchase, payment, and shipping/delivery of the products. However, it is not liable for causes beyond its control, such as acts of God or force majeure.
- Quinto Elemento will not be responsible for the misuse and/or wear of products used by the User. At the same time, Quinto Elemento will not be responsible for an incorrect return made by the User. It is the User's responsibility to return the correct product.
- In general, Quinto Elemento will not be liable for any failure or delay in the fulfillment of any of its obligations when such failure or delay is due to events beyond its reasonable control, i.e., due to force majeure, and this may include, but is not limited to:
- Strikes, lockouts or other protest measures.
- Civil commotion, riot, invasion, terrorist threat or attack, war (declared or undeclared) or threat or preparation for war.
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
- Impossibility of using trains, ships, airplanes, motor vehicles or other means of transport, public or private.
- Inability to use public or private telecommunications systems.
- Acts, decrees, legislation, regulations or restrictions of any government or public authority.
Thus, the obligations will be suspended for the duration of the force majeure event, and Quinto Elemento will have an extension of the deadline for fulfilling them for a period equal to the duration of the force majeure event. Quinto Elemento will use all reasonable means to find a solution that allows it to fulfill its obligations despite the force majeure event.
10. WRITTEN COMMUNICATIONS AND NOTIFICATIONS
By using this Website, the User agrees that most communications with Quinto Elemento will be electronic (email or notices posted on the Website).
For contractual purposes, the User agrees to use this electronic means of communication and acknowledges that all contracts, notices, information, and other communications that Quinto Elemento sends electronically comply with the legal requirements of being in writing. This condition will not affect the User's statutory rights.
The User may send notifications and/or communicate with Quinto Elemento through the contact information provided in these Terms and, where applicable, through the contact spaces on the Website.
Likewise, unless otherwise stipulated, Quinto Elemento may contact and/or notify the User by email or at the postal address provided.
11. WAIVER
No waiver by Quinto Elemento of any specific right or legal action or failure by Quinto Elemento to require strict performance by the User of any of its obligations shall constitute a waiver of any other rights or actions arising from a contract or the Conditions, nor shall it exonerate the User from compliance with its obligations.
No waiver by Quinto Elemento of any of these Conditions or of any rights or actions arising from a contract will be effective unless it is expressly stated to be a waiver and is formalized and communicated to the User in writing.
12. NULLITY
If any of these Conditions are declared null and void by a final decision issued by a competent authority, the remaining clauses will remain in force, without being affected by said declaration of nullity.
13. COMPLETE AGREEMENT
These Terms and any document expressly referred to herein constitute the entire agreement between the User and Quinto Elemento in relation to the subject matter of the sale and replace any other prior agreement, understanding or promise made verbally or in writing by the same parties.
The User and Quinto Elemento acknowledge that they have agreed to enter into a contract without relying on any statement or promise made by the other party, except for those expressly mentioned in these Conditions.
14. DATA PROTECTION
Any personal information or data that the User provides to Quinto Elemento during a transaction on the Website will be processed in accordance with the Privacy or Data Protection Policy (contained, where applicable, in the Legal Notice and General Conditions of Use). By accessing, browsing, and/or using the Website, the User consents to the processing of such information and data and declares that all information or data provided is truthful.
15. APPLICABLE LEGISLATION AND JURISDICTION
Access, browsing, and/or use of this Website and any product purchase contracts through it shall be governed by Spanish law.
Any controversy, problem, or disagreement arising from or related to access, navigation, and/or use of the Website, or with the interpretation and execution of these Terms and Conditions, or with the sales contracts between Quinto Elemento and the User, shall be subject to the non-exclusive jurisdiction of the Spanish courts.
16. COMPLAINTS AND CLAIMS
The User may send Quinto Elemento any complaints, claims, or other comments they wish to make using the contact information provided at the beginning of these Terms and Conditions (General Information).
In addition, Quinto Elemento has official complaint forms available to consumers and users, which they can request from Quinto Elemento at any time, using the contact information provided at the beginning of these Conditions (General Information).
Likewise, if a dispute arises from the conclusion of this purchase contract between Quinto Elemento and the User, the User as a consumer may request an out-of-court dispute resolution, in accordance with Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC. This method can be accessed through the following website: https://ec.europa.eu/consumers/odr/.
This General Conditions of Sale document was created using the online general conditions of sale template generator on May 29, 2025.