Terms and conditions

General Conditions of Elements Entertainment SC (Fifth Element)

 

LEGAL WARNING:

Quinto Element is an online store of board games, collectible figures and merchandising based in Barcelona.

The ownership of this website corresponds to Elements Entertainment SC with registered office at Calle Breakfast with diamonds 3 and NIF- J99486771 . The identification and contact details of the company are the following: Elements Entertainment SC NIF: J99486771 Address: Breakfast with diamonds 3 50019 Zaragoza Tel: 637 674 469 Mail: info @ cinco-elemento.es      

 

1- General :

These general conditions of sale are strictly applied to all sales of products made in Spain, including the Canary Islands and the Balearic Islands by Elements Entertainment SC with CIF number J99486771 , hereinafter Fifth Element , destined for individuals.   

Any order made to Fifth Element necessarily implies as an essential, determining and indispensable condition, the unreserved acceptance by the Client of the General Conditions of Sale of Fifth Element in force on the day the corresponding order is carried out. In addition, the Client acknowledges that the acceptance of these conditions will imply their application to the order to which they refer, as well as to any subsequent order, with the exception of those cases in which new conditions are brought to their attention by Fifth Element . The fact that Fifth Element does not resort to any of these conditions at any given time cannot be interpreted nor will it be equivalent to waiving resorting to them in the future or in the past.    

Applicable law and competent jurisdiction. The interpretation and execution of the conditions, as well as all the acts that are a consequence of them, will be subject to Spanish law, unless there are contrary public order provisions.  

2- Prices :

The prices published at https://quinto-elemento.es are in Euros and are valid except for typographical errors. All prices include VAT applicable on the day of the order, any change in the VAT rate will be automatically applied to the prices of the products for sale at https://quinto-elemento.es   

Offers on products for sale at https://quinto-elemento.es will be displayed in the "Super Offers" section or will be indicated in the product file and, if not indicated otherwise, they will be valid as long as they are displayed on the screen.  

 

3- Different payment methods:

When placing the order, the customer can freely choose to pay for the purchases made at https://quinto-elemento.es through:  

 -Credit / debit card: Card payments are made through the external payment gateway of Banco Sabadell. The payment process works on a secure server using the SSL ( Secure Socket Layer ) protocol . The secure server establishes a connection so that the information is transmitted encrypted using 128-bit algorithms, which ensure that it is only intelligible for the Client's computer and that of the Website. 

 -Bank transfer: At the end of the purchase process, our bank details will appear to make the transfer of the total amount of the purchase. Keep in mind that this payment method may delay shipping a little, because until we have received the payment, the merchandise cannot be sent. 

 -PayPal: If you have a PayPal account, you can make the payment quickly and safely. The data of your PayPal account must match the registration data in Fifth Element , otherwise we will contact you by email to verify data. This payment method has a surcharge of € 0.99.  

 - GPay : You can now, through the credit card option in the payment process, choose your Google Pay account to make your purchases . . 

 

4- Product :

The offers presented by Fifth Element are valid within the limit of available stocks. Fifth Element reserves the right to modify the assortment of products depending on the difficulties imposed by its suppliers.  

The photographs, graphics and descriptions of the products offered for sale are only indicative and do not commit the seller in any way.

 

5- Shipments:

The products purchased will be delivered to the person and to the address indicated in the order using the shipping method chosen by the customer:

URGENT SHIPPING 24-48H:

It has a cost of € 4.90 (VAT Inc ). Occasionally it can be delayed to 72h. ( FREE to par tir 65 €). Only for shipments within the peninsula.  

ADD TO PENDING ORDER:

The order will be sent along with one of your pending orders to serve. If you have more than one pending order, you will need to specify the order number to which you want to add the new one; otherwise, it will be added by default to your last order placed that has not been sent. You can also choose this shipping method to add it to another order that you want to place in the future. Shipping costs for this modality are free as long as the total amount of the items to be sent exceeds € 60. If you use this method to add the order to another for which shipping costs have already been paid, and the sum of the two exceeds € 60 in total, the shipping costs paid will be returned.

 

PICK-UP IN STORE :

Come find your order in our store. Remember that you must wait for us to confirm availability by e-mail. FREE. 

The address of our store and offices is:

Address: Breakfast at Tiffany 3 50019 Zaragoza Tel: 637674469 Time River: Monday to Friday from 10: 30h to 13: 30h and 16: 30h to 20: 30h . 

SHIPMENTS TO THE BALEARIC ISLANDS:

It has a cost of € 8 (VAT Inc ). No minimum order fee reduction is applied. The delivery time is 24-48h.

SHIPPING TO PORTUGAL:

It has a cost of € 4.90 (VAT Inc ). Free shipping from € 65 . The delivery time is 24-72h.

SHIPPING TO THE CANARY ISLANDS:

It has a cost of € 30-35 (VAT Exc ). No minimum order fee reduction is applied. Shipping takes place within 4-15 business days.

INTERNATIONAL DELIVERIES:

We ship to all countries. To request a cost assessment, write us an email to info@quinto-elemento.es with the details of the order you want to make and we will answer you as quickly as we can.

Important: Orders issued after 5:00 p.m. may not be processed until the next business day.

Important: Orders destined for the Canary Islands, Ceuta, Melilla, Andorra, as well as international shipments to countries outside the European Union do not include VAT. The recipient must pay these taxes at the time of receiving the order as stipulated by the law of each country or region of destination. 

By default, the invoices will be sent to the email address indicated by the client at the time of registration in Fifth Element . 

Saturdays, Sundays and holidays there will be no way out and delivery orders except gathered in the premises , which can be re also alizar on Saturday from 10: 30h to 13: 3 0h or from 16:30 to 20:30 .  

However, its delay will not imply or cancel the order or any compensation.

It is up to the customer to verify the status of the merchandise upon receipt and indicate all anomalies on the delivery receipt. In a maximum period of 7 days you must inform the Fifth Element . 

By default, we will send the orders as soon as we have availability of all the articles that compose it. However, if the buyer wants to receive his order in different shipments, he must specify it in the comments space of Step 3 of Purchase confirmation, or through our contact form, indicating the order number to which it refers.

For shipments outside the Peninsula, special prices will be applied.

 

6- Return and cancellation policies

 

6-1 Return of merchandise:

 

Our policy, in compliance with current regulations, is to grant you the right to return any item purchased at Fifth Element within 14 days from the date of receipt.   

You will not have to provide any explanation, any item, purchased in Fifth Element , returned in its original packaging, sealed and in perfect condition will be accepted without further ado.   

Within a maximum period of 14 days of receipt of the return, Fifth Element undertakes to refund it.    

 

Before making the return , you will have to notify the Customer Service department .  

If the cause of the return was that the returned item is defective or does not correspond to what was requested in the order , Fifth Element will bear the costs of the return and new shipment. If the reason for the return is that the order does not satisfy you, we will refund the amount but not the shipping costs or the return costs . 

 

6-2 Cancellation of order:

If the cancellation of the order arrives before the merchandise leaves, the customer will not have any expenses. In the case of a cancellation after the order has been issued, the customer will be responsible for the shipping costs as well as the return costs of this same order.

 

7- Items in reserve

 

7-1 Product reservation

Certain Fifth Element items can be purchased before the manufacturer releases them. These items are marked with the special availability "RESERVE" and with the text "IMPORTANT: The item is available to reserve. Approximate release: XX-XX-XX ”, and indicate a PROVISIONAL release date.

To formalize the purchase of these items, the desired units must be added to the cart, in the same way as any other product in stock. In this way, you can proceed with the reservation as if it were the purchase of any other item.

 

7-2 Combination of items in reserve with items in stock

It is possible to place orders with items IN STOCK and items in RESERVATION jointly to amortize shipping costs or to get free postage. In that case, the shipment will be made only when all the items that make up the order are available.

If the customer wants to split the shipment afterwards, he will have to pay the relevant additional shipping costs.

 

7-3 Payment in advance on cash on delivery orders

Fifth Element reserves the right to request in advance a payment equivalent to 20% of the value of the product for those products in reserve whose price is higher than € 100, in orders that are made with the payment method on delivery .

This payment can be made by credit or debit card, bank transfer or Paypal , and making it serves to ensure the reservation of the item in question.

 

7-4 Limitation of liability

The amount paid for an item during the reservation period is NOT refundable, unless the manufacturer or distributor cancels the manufacture of said item, or does not serve Fifth Element enough units to satisfy the demand of all customers.

Fifth Element will not be in any way responsible in case of cancellation of the product or delay in the date of availability of the same by the manufacturer or distributor.

Fifth Element will not indemnify in any way those customers who for manufacturing or distribution reasons cannot receive their reserved products.

 

7-5 Price change of items in reserve

Some items on reserve may change in price over time. This may be due to changes in the currency price, changes in VAT, or changes in the pricing policies of manufacturers or distributors.

In these cases, Fifth Element will try to assume the difference as long as the sale does not involve a loss of money for the company. In these cases, Fifth Element reserves the right to change the final price of the product, always notifying the client in advance and offering him the possibility of canceling the order and returning the full amount in case he is no longer interested in the product.

 

8- Right to modify the conditions

Fifth Element reserves the right to modify any of the conditions indicated above regarding shipping forms and costs, forms of payment, chosen transport service and minimum order amount, as well as to vary the prices of the products or to discontinue any article without inform clients and users of the web in advance. Likewise, Fifth Element does not guarantee nor can it guarantee the replacement of sold-out items at the same price that they were sold at the time, not even in the event of non-service of a product due to inventory error by Fifth Element at the time of realization. of the order by the customer.

 

9- Privacy Policy

 

Fifth Element welcomes you to its website. Next, we inform you of the privacy terms that we have adopted before you provide us with your data.

 

Minors

In the case of minors under thirteen years of age, the consent of the parents or guardians is required for the processing of their personal data.

In no case will data related to the professional, economic situation or the privacy of the other members of the family be collected from the minor, without their consent.

If you are under the age of thirteen and have accessed this website without notifying your parents, you should not register as a user. 

Basic principles of our privacy policy

Fifth Element guarantees the rights of the users of this website, being a priority the respect and protection of the personal data that are required by it.

These are our principles regarding user privacy:

 

- We never request personal information unless it is really necessary to provide the required services.

- We never share personal information with third parties, unless required by law or we have the express authorization of the user.

- We never use personal data of users for a purpose other than that expressed in this privacy policy.

 

This Privacy Policy could vary depending on legislative or self-regulation requirements, so it is advisable to visit it periodically. It will be applicable in the event that users decide to fill in any of their contact forms where personal data is collected.

 

Legal regulations to which this website is hosted

 

Fifth Element has adapted this website to the requirements of Organic Law 15/1999, of December 13, on the Protection of Personal Data (LOPD), and Royal Decree 1720/2007, of December 21, known as Regulation development of the LOPD. It also complies with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 regarding the protection of natural persons (RGPD), as well as with Law 34/2002, of July 11, of Information Society Services and Electronic Commerce (LSSICE or LSSI).

 

Responsible for the treatment of your personal data

 

Identity of the person in charge: Elements Entertainment SC 

Trade name: Fifth Element  

NIF / CIF: J99486771 

Address: Calle Breakfast with diamonds 3 50019 Zaragoza 

Email : info @ cinco-elemento.es

Activity: Sale to the detail of games, books, comics and products merchandising . 

 

For the purposes of the provisions of the aforementioned General Data Protection Regulation, the personal data that is sent through the web forms will receive the data treatment of “Users of the web and subscribers”.

For the data processing of our users we implement all the technical and organizational security measures established in the current legislation.

 

How have we obtained your data?

 

The personal data that we treat in Fifth Element come from:

 

- Contact Form.

- Newsletter subscription form.

- Purchase of products with a guest account.

- Account registration.

 

What are your rights when you provide us with your data?

 

Anyone has the right to obtain confirmation as to whether or not at Fifth Element we are treating their personal data.

Interested persons have the right to:

 

- Request access to personal data related to the interested party.

- Request its rectification or deletion.

- Request the limitation of your treatment.

- Oppose the treatment.

- Request the portability of the data.

 

Interested parties may access their personal data, as well as request the rectification of inaccurate data or, where appropriate, request its deletion when, among other reasons, the data is no longer necessary for the purposes for which it was collected.     

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case, we will only keep them for the exercise or defense of claims.  

In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data. Elements Entertainment SC will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims. They may also request the portability of their data.     

The interested parties will also have the right to effective judicial protection and to file a claim with the control authority, in this case, the Spanish Agency for Data Protection, if they consider that the processing of personal data that concerns them violates the Regulation.

 

For what purpose do we process your personal data?

 

When a user connects to this website to make an online purchase, send an email to administrators, subscribe to a newsletter or register as a user, they are providing personal information for which they are responsible: Elements Entertainment S.C. . This information may include personal data such as your IP address, name, physical address, email address, telephone number and other information. By providing this information, the user gives their consent for their information to be collected, used, managed and stored by Elements Entertainment SC only as described in the Conditions of Use, in this Privacy Policy and in our Cookies Policy.  

At https://quinto-elemento.es there are different systems for capturing personal information and we treat the information provided by interested persons with the following purpose for each capture system (forms):

Contact form: We request the following personal information: reason for contact and contact email, to respond to the requirements of the users of https://quinto-elemento.es . Optionally, we also request the data regarding the order number (in the case of an incident related to an order in progress), as well as an image (in the case of a damaged product or that does not correspond to what was requested). The data that users provide us will be located on the servers of GoDaddy Iberia SLU ( Fifth Element hosting provider ) within the EU. 

Sales form: The user has different purchase forms subject to the contracting conditions specified in our particular contracting conditions for each product or service where contact and payment information will be required. We request the following personal information: name, surname, CIF / NIF (only for shipments to the Canary Islands), email, address and billing information. The data that users provide us will be located on the servers of GoDaddy Iberia SLU ( Fifth Element hosting provider ) within the EU. 

Content subscription form: In this case, we request the following personal information: name and email, in order to manage the list of subscriptions, send newsletters, promotions and special offers, provided by the user when subscribing. Electronic bulletins or newsletters are managed by Mailchimp . When using the services of this platform to carry out email marketing campaigns, manage subscriptions and send newsletters, users should know that Mailchimp has its servers hosted outside the EU, in the US and is covered by the EU- agreement. US Privacy Shield , whose information is available here , approved by the European Protection Committee.   

Account registration form: In this case, we request the following personal information: name, email and, optionally, email of a third client who can act as godfather at Quinto Element to benefit, both, from additional discounts. We collect these data to manage the registration of the user account and facilitate the processing of subsequent orders. The data that users provide us will be located on the servers of GoDaddy Iberia SLU ( Fifth Element hosting provider ) within the EU. 

 

There are other purposes for which we treat personal data:

 

To guarantee compliance with the conditions of use and applicable law. This may include the development of tools and algorithms that help this website to guarantee the confidentiality of the personal data it collects.

To support and improve the services offered by this website.

Other non-identifying data obtained through some cookies that are downloaded to the user's computer when browsing this website are also collected and that we detail in the cookie policy.

To manage social networks. Fifth Element can have a presence on social networks. The treatment of the data that is carried out of the people who become followers in the social networks of the official pages of Quinto Element , will be governed by this section. As well as those conditions of use, privacy policies and access regulations that belong to the social network that is appropriate in each case and previously accepted by the user of https://quinto-elemento.es . The data will be processed for the purposes of correctly managing your presence on the social network, reporting activities, products or services of https://quinto-elemento.es . As well as for any other purpose that the regulations of social networks allow. In no case will the profiles of followers in social networks be used to send advertising individually.  

Elements Entertainment SC does not sell, rent or transfer personal data that can identify the user, nor will it do so in the future, to third parties without prior consent.

 

 

Legitimation for the treatment of your data

 

The legal basis for data processing is: consent. 

To contact and register on this website, consent is required with this privacy policy.

The prospective or commercial offer of products and services is also based on the consent that is requested, without in any case the withdrawal of this consent conditioning the execution of the subscription contract. Also the contracting of products and services according to the terms and conditions that appear in the commercial policy.

 

How long will I keep your data?

 

The personal data provided will be kept:

 

- As long as the commercial relationship is maintained.

- Its deletion is not requested by the interested party.

 

To which recipients will your data be communicated?

 

To provide services strictly necessary for the development of the activity, https://quinto-elemento.es shares data with the following providers under their corresponding privacy conditions.

All utilities offered by third parties are strictly necessary for the development of our services and have been selected in compliance with the rights that we preserve on this website.

The following companies will have access to the personal information necessary to carry out their functions as processors, but will not be able to use it for other purposes. In addition, they must treat personal information in accordance with this Privacy Policy and the applicable legislation on data protection.

 

Hosting: GoDaddy Iberia SLU, with address at Avda. Coruña nº 36, entlo. left, 27003 Lugo. More information at https://es.godaddy.com/ GoDaddy Iberia SLU treats the data in order to perform its services as a hosting provider to Elements Entertainment S.C. . 

 

Web platform: PrestaShop SA, more information at https://addons.prestashop.com/es/ treats the data in order to perform its support services to Elements Entertainment S.C. .  

 

Email marketing: The Rocket Science Group LLC ( Mailchimp ), domiciled in the US More information at www.mailchimp.com The Rocket Science Group LLC ( Mailchimp ) treats the data in order to perform its email marketing management services to Elements Entertainment S.C. .    

 

Google Analytics : a web analytics service provided by Google, Inc., a Delaware company whose main office is at 1600 Amphitheater Parkway , Mountain View (California), CA 94043, United States (“Google”). Google Analytics uses "cookies", which are text files located on your computer, to help somechat.es analyze the use made by users of the website. The information generated by the cookie about your use of https://quinto-elemento.es (including your IP address) will be directly transmitted and filed by Google on servers in the United States.  

 

Google Adsense : This website is associated with Google to show ads to users who access this website. When collaborating with google, cookies are used to show you ads related to your recent searches and to show you more relevant ads. These types of cookies include third-party services such as: AdSense , AdWords and Google Analytics , as well as a series of services from the DoubleClick brand . When you visit this page, cookies from these services are sent to your browser. Consult more information about the types of cookies used by Google , and discover how Google uses these cookies .   

 

You can use the ad settings to manage the Google ads that are shown to you and indicate not to show ads based on your interests. Even if you decide not to receive these types of ads, they can continue to appear based on factors such as your general location derived from the address. The directory inclusion services will be free referenced on the website itself, https://quinto-elemento.es will ensure that the files and advertisements that appear on the Web express truthful information and are kept updated, although it does not guarantee accuracy in all time of the data entered in them.   

 

Navigation data

 

When browsing https://quinto-elemento.es , non-identifiable data can be collected, which may include IP addresses, geographical location (approximately), a record of how services and sites are used, and other data that cannot be used to identify the user. Among the non-identifying data are also those related to your browsing habits through third-party services. This website uses the following third-party analysis services:

• Google Analytics ..

We use this information to analyze trends, administer the site, track user movements around the site, and to gather demographic information about our user base as a whole.

 

Your rights when providing your personal data

 

Anyone has the right to obtain confirmation on whether or not personal data concerning them is being processed at https://quinto-elemento.es .

Interested persons are entitled to access your personal data and to request the correction of inaccurate data or, where appropriate, request removal when, among other reasons, the data will no longer be necessary for the purposes for which they were collected.

In certain circumstances, the interested parties may request the limitation of the processing of their data, in which case we will only keep them for the exercise or defense of claims.

In certain circumstances and for reasons related to their particular situation, the interested parties may object to the processing of their data.

Elements Entertainment SC will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.

You can materially exercise your rights by email to info@quinto-elemento.es .

 

Secret and data security

 

Elements Entertainment SC is committed to the use and treatment of personal data included in users, respecting their confidentiality and using them in accordance with their purpose, as well as to comply with their obligation to save them and adapt all measures to avoid the alteration, loss, treatment or unauthorized access (such as the Https protocols that we use), in accordance with the provisions of current data protection regulations.

Elements Entertainment SC cannot guarantee the absolute impregnability of the Internet network and therefore, the violation of data through fraudulent access to them by third parties.

 

Accuracy and veracity of the data

 

The user is solely responsible for the veracity and correctness of the data sent to https://quinto-elemento.es, exonerating Elements Entertainment SC from any responsibility in this regard. Users guarantee and are responsible, in any case, for the accuracy, validity and authenticity of the personal data provided and undertake to keep them duly updated. The user agrees to provide complete and correct information in the contact or subscription form.

 

Acceptance and consent

 

The user declares to have been informed of the conditions on protection of personal data, accepting and consenting to the treatment thereof by Elements Entertainment SC in the manner and for the purposes indicated in this privacy policy.

 

Changes to the privacy policy

Elements Entertainment SC , reserves the right to modify this policy to adapt it to new legislation or jurisprudence, as well as industry practices. In such cases, the Provider will announce on this page the changes introduced with reasonable anticipation of their implementation.

 

Commercial emails

In accordance with the LSSICE, https://quinto-elemento.es does not perform SPAM practices, so it does not send commercial emails that have not been previously requested or authorized by the user. Consequently, in each of the forms on the web, the user has the possibility of giving their express consent to receive the newsletter, regardless of the commercial information requested on time.

In accordance with the provisions of Law 34/2002 on Services of the Information Society and electronic commerce, https://quinto-elemento.es undertakes not to send communications of a commercial nature without properly identifying them.