First.- Parties and object: These conditions constitute the electronically formed contract that you, as a customer, enter into with LOYSAN ACTIVIDADES ECONÓMICAS, S.L., with registered office at C/ Mercado, nº 4, C.P. 03501 Benidorm, Alicante, Spain, with Tax ID: B54915046, and registered in the Mercantile Register of the province of Alicante in volume 3.943, folio 81, Section 8, page A-149.821, which operates in commercial traffic under the registered trademark Ciberwatch®. Hereinafter, CIBERWATCH. This contract is formed if you wish to purchase any of the products offered on the website https://www.ciberwatch.com/ (hereinafter, the “Website” or the “Site”) against payment of the publicly displayed price.

Second.- Acceptance of these purchase conditions: By checking the acceptance box for the purchase conditions provided on the Website, you, as an adult with sufficient capacity to assume contractual obligations, acknowledge that you have carefully read, understood, and expressly accept the content of these purchase conditions.

These conditions will have an indefinite period of validity.

Third.- Contact and customer service: To communicate with CIBERWATCH directly and effectively, you can send an email to the following address: info@ciberwatch.es or contact customer service by phone at: +34 966 831 261 or +34 633 284 488.

Fourth.- Basic characteristics of the products: The characteristics of the products will be those detailed in each of the product sheets published on the Website, indicating the brand, materials, functions, dimensions, and other properties.

The photographs of the products shown on the Website are intended to display them as faithfully as possible to reality. However, due to reasons beyond CIBERWATCH's control, such as the quality of the user's monitor or device screen, the colors, shapes, or characteristics of the products may be altered. Therefore, we recommend that you verify the appearance of the product using a terminal with a quality monitor or screen when purchasing any of them. We also recommend that you check, prior to purchase, the product description and characteristics listed in the product sheet published on the Website.

Fifth.- Purchase procedure:
5.1. Prior legal warnings: We inform you that the procedures for contracting the purchase of products offered on the Website are those described in these purchase conditions, as well as those specific ones indicated on the user's browser screen at the time of contracting.

You will be aware of the characteristics, price, applicable taxes, and the total shipping costs before confirming the purchase. Shipping costs will be borne by the buyer, unless free shipping is established for certain products and/or circumstances (such as free shipping for purchases over a certain amount or to a certain territory).

The prices published on the Website are shown in euros and include VAT and/or any other applicable tax.

CUSTOMS INFORMATION: If you place an order for products on the Website for CIBERWATCH to deliver to a territory outside the European Union, you may be obliged to pay import duties and taxes, which will be charged when the package reaches its destination.

Any additional amount due to customs clearance will be at your expense. CIBERWATCH has no control over such amounts. Customs policies vary significantly from country to country, so for more information, please consult the relevant customs office.

Furthermore, when you place an order through the Website from a territory outside the European Union, the law formally considers you as the importer, and you must therefore comply with all applicable laws and regulations in the country where you receive the product. We also warn you that international shipments are subject to inspection and opening by customs authorities.

For informational purposes, we inform you that all CIBERWATCH products are subject to the legal guarantee in force at all times regarding consumer goods, and CIBERWATCH is responsible for any lack of conformity that manifests itself within a period of three years from the delivery of the product, in the terms provided in Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users (hereinafter, TRLGDCYU) and other complementary laws.

5.2. Language: Currently, the contracting procedure can be carried out in Spanish and English. If it can be carried out in another language, it will be indicated before starting the contracting procedure.

5.3. Copy of the conditions linked to the purchase: CIBERWATCH will not keep a copy of these conditions linked to each purchase, so we recommend that you keep a copy of them for each purchase. However, with the order confirmation, we will provide you with a download of a copy of the conditions you have accepted on a durable medium.

5.4. Technical means: The Website does not have technical means to identify and correct errors in the entry of your data, except that it detects if any field, which is necessary to process the order, is pending completion.

5.5. Product catalog: You can access the catalog of products offered by clicking on each of the sections that appear in the menu of the home page, where you can consult the different subsections, as well as filter the product search according to different search criteria.
If you are interested in any product, you can click on it to access its product sheet where you will find its description and characteristics.

5.6. Customer account registration: To make any purchase, you are required to have created a user account, called "MY ACCOUNT" so that you do not have to fill out the form with all the data every time you make a purchase. The registration process is very simple:

If you click on "MY ACCOUNT" in the website's home menu, you will have the option to identify yourself if you already have a customer account by entering the email address and password you provided at the time of registration.

If you do not yet have a customer account, you must enter your email address and click on the "CREATE NEW USER" button, accessing a form where you must provide the following data: name, surname, ID, telephone, email address and a password of your choice, as well as the shipping address.

You have the option to subscribe to the CIBERWATCH promotional commercial communications service.

Once you have read the terms of use and the privacy policy, which you can access through the provided links, if you agree with them, you must check the acceptance boxes provided for this purpose.

CIBERWATCH will send you a confirmation email if the registration has been successfully completed.

Once registered, you will have access to your customer account, called "MY ACCOUNT", by providing the system with your username (which will be the email provided at the time of registration) and your password (which will be the one you chose at the time of registration). If you have forgotten your password, you must click on the "Forgot your password?" link and CIBERWATCH will provide you with a new password that you can modify in the control panel that we make available to you.

In "MY ACCOUNT", we provide you with a control panel where you can complete and/or modify your personal data, shipping and/or billing addresses, and change your access password.

Please note that you will be responsible for ensuring that the data you provide to CIBERWATCH is up-to-date, complete, accurate, and truthful. CIBERWATCH will in no case be responsible for non-compliance with such requirements in the data you provide to us.

You must be diligent in managing your access credentials, and you are also responsible for the choice, loss, theft, or unauthorized use of your username and/or password and the consequences that may arise therefrom. Access credentials are personal and non-transferable.
You undertake to immediately notify CIBERWATCH of the loss of your access credentials (e-mail and/or password), regardless of the cause thereof, as well as any danger or impairment of their confidentiality, being liable, otherwise, for any damage or prejudice caused by verified access through those access credentials.

You can unsubscribe at any time as a registered user of the Website, by notifying us by email or through the control panel we provide you in "MY ACCOUNT".

5.7. Product purchase procedure: To proceed with the purchase of any of the products offered on the website, you must click on the "BUY" button, and repeat the operation if you wish to place another order.

You can check the products you are adding to your shopping cart by clicking the "MY CART" button, where you can remove those products you ultimately do not wish to buy or continue shopping.

To continue with the purchase process of the selected products, you can click on the "PLACE ORDER" or "FINISH PURCHASE" button and you must identify yourself with your customer login details, if you already have a customer account, or proceed with registration as a new customer to obtain your customer account, as explained in the previous section.

Once you have registered or identified yourself as a customer, you must select the payment method and click the CONTINUE button.

Next, the system will show you a summary of the shopping cart with the delivery and/or billing address, detailing the shipping costs and the applicable VAT.

Before confirming the order, you must read the purchase conditions, and if you agree, check the acceptance box provided for this purpose and click the "CONFIRM ORDER" button.

CIBERWATCH will send you a confirmation email if the process has been completed successfully, indicating the details of the order placed, the purchase amount, the shipping cost, the shipping and/or billing address provided, the selected payment method, as well as the possibility to download a copy of the conditions you have accepted on a durable medium.

5.8. Payment methods: You can choose from the following payment methods:

- Payment by credit/debit card: The charge to your card will be made in real time through the virtual POS, once it has been verified that the data provided is correct. CIBERWATCH will not store any of your credit/debit card data. At the time of processing your order, your card data will be transmitted encrypted by an SSL certificate and in a completely secure way to the financial institution, for the sole purpose of making the corresponding payment for your order.

Credit/debit cards will be subject to checks and authorizations by their issuing entity, but if said entity does not authorize the payment, we cannot consider the purchase contract formalized. If you choose this payment method, you are guaranteeing that you have full authorization to use the card with which you make the payment of your order.

- Payment by bank transfer: If you select this payment method, and have completed the entire process and confirmed the order, CIBERWATCH will indicate (on the Website and via email) the account number to make the payment. You must include the order number in the transfer concept. The order will not be considered placed until the transferred amount is received in the CIBERWATCH account. If five calendar days have passed since the order was placed and the transfer has not been verified, the order will be automatically canceled.

- Payment through the PayPal gateway: To pay with this system, you must have a PayPal user account and make sure that the shipping address provided to PayPal is the same as the one you provide to CIBERWATCH. For more information, you can visit the PayPal website: https://www.paypal.com/es/home.

- Cash on delivery payment: If you choose this payment method, we inform you that verification is required, so we will contact you by phone to notify you of the shipment. You must pay the purchase amount to the delivery person of the transport company, at the time of delivery of the contracted product, plus shipping costs, as well as, where applicable, a surcharge detailed in the purchase summary.

This payment method incurs a 4.5% commission on the article's price, with a minimum of €4. This is the commission applied by transport companies for managing and forwarding the amount. This payment option is not valid for orders destined for territories outside the European Union, or for the Canary Islands, Ceuta, and Melilla, nor for the payment of watch straps or items from the Argyor brand.

- Payment by Bizum: To make a payment via Bizum, the system will first ask you for the phone number associated with the payment method. Then you must accept the charge in your bank's app, and finally return to the Website to confirm the purchase.

- Payment through the "Aplazame" service: If you wish to make a fractional payment of orders placed through the Website, you can request financing through the Aplazame platform in accordance with the terms, deadlines, requirements and conditions that Wizink Bank S.A.U., with NIF: A81831067, with registered office at C/ Ulises 16-18. 28043 - Madrid, duly registered in the Mercantile Register of Madrid, in volume 42.283, folio 6, section 8, page M-198.598, owner of the aforementioned platform (hereinafter, APLAZAME), establishes at the time of contracting said financing with said company.

We warn you that APLAZAME is a financing service unrelated to CIBERWATCH, for which CIBERWATCH pays a commission to facilitate another payment method for Website users. Said commission will not be passed on or charged to the customer under any circumstances, being fully assumed by CIBERWATCH.

It is always APLAZAME that decides whether or not to grant a specific financing, based on the risk analysis carried out by APLAZAME's corresponding department.

Within the options allowed by the APLAZAME platform, you can decide the time and amount that best suits your circumstances. You must enter the data that the APLAZAME platform requests from you and APLAZAME will, where appropriate, confirm the granting or not of the financing.

The terms and conditions of APLAZAME financing are those set forth in the contract that APLAZAME makes available to you during the process of contracting the financing service.

APLAZAME must inform you of the total price of the products and/or services purchased, including taxes, the number of months of deferment, the interest rate applied, the total interest to be paid, the final price to be paid for the purchase made, which is the sum of the total price of the cart you purchased plus the interest charged by APLAZAME.

If you choose to defer payment for the products purchased through the APLAZAME service, you expressly accept that the data we have will be communicated to APLAZAME for the sole purpose of processing your financing application.

Sixth.- Availability and delivery of orders:
6.1. Product availability: The items offered through the Website are available for shipment to any territory, in accordance with the provisions of these purchase conditions.
In accordance with the provisions of article 110 of the TRLGDCYU, in the event of non-performance of the contract by CIBERWATCH, due to the unavailability of the contracted good, you will be informed of this lack of availability and will recover, without undue delay, the sums you have paid under it.

6.2. Delivery: Orders will be delivered to the postal delivery address you have freely designated at the time of registration or at a later time, always before placing the order, proceeding at that moment to its payment. In no case will orders be delivered to post office boxes.
CIBERWATCH assumes no responsibility if the product delivery cannot be made because the data you have provided is false, inaccurate or incomplete, or due to causes beyond the control of the transport company assigned for this purpose, such as the continued absence of the recipient.
In case of absence of the recipient at the time of delivery, the transport company will leave a notice indicating how to proceed to establish a new delivery. If it is not possible to leave the aforementioned notice, the transport company will contact you by phone. If these efforts are unsuccessful, CIBERWATCH will send you an email to the address you have provided, with the necessary instructions to resolve the incident.

Shipments are made through the transport companies contracted for this purpose by CIBERWATCH, as long as the choice of one or the other does not entail prejudice to you.

6.3. Recipient identification: At the time of delivery, the transport company designated by CIBERWATCH may request the recipient customer of the dispatched product to identify themselves, showing, where appropriate, the corresponding identification document (D.N.I./N.I.E./Passport), without the need for delivery or retention of a copy thereof, or, in the case of acting on behalf of a legal entity, the legal title of representation, all of which must be valid.

When it is a person other than the order holder who is going to collect it, this will only be allowed if said third party is duly authorized by virtue of the subscription and presentation of the Order Collection Authorization form detailed below.

ORDER COLLECTION AUTHORIZATION FORM:

I, ______________________, of legal age, residing at _____________________________, with D.N.I. number _________________ and owner of order number _________________________, expressly authorize Mr./Ms.________________________________, of legal age, with D.N.I. number ________________________ and residing at ________________________, to collect or receive the aforementioned order on my behalf.

 

In________________________, on the _____ day of ____, 20___

 

For these purposes, it will be necessary for the person collecting the order to present the completed authorization form, signed by the order holder, and also to show a copy of the corresponding identification document (D.N.I./N.I.E./Passport) or, if acting on behalf of a legal entity, the legal title of representation, all of which must be valid.

Seventh.- Shipping rates and delivery times:
7.1. Shipments to Spain and Portugal:
Rates: All shipments to Spain and Portugal are free.
Delivery time: 24 hours, on business days.

7.2. Shipments to European Union territory (except Portugal):
Rates: Shipping costs for orders under €200.00 will have a fixed cost of €13.00. They will be sent by certified mail insured for the value of the item.
Shipping costs will be free for orders with a total value exceeding €200.00.
Delivery time: 3 days, on business days.

7.3. International Shipments (outside the European Union territory):
Rates: Shipping costs for orders under €250.00 will have a fixed cost of €89.00. They will be sent by certified mail insured for the value of the item.
Shipping costs will be free for orders with a total value exceeding €250.00.
Delivery time: 3 to 5 days, on business days.

7.4. Specific conditions for international shipments, and to the Canary Islands, Ceuta, and Melilla: International shipments, and shipments to the Canary Islands, Ceuta, and Melilla, are made to territories that are not part of the customs territory of the European Union, so such shipments may be subject to customs duties and/or taxes, and the recipient must bear any import duties and taxes, which must be paid upon receipt of the order. Any additional amount due to customs clearance will be borne by the recipient. CIBERWATCH has no control over such amounts, so for more information, we advise you to consult the corresponding customs office. In addition, in the case of the Canary Islands, you must pay the Canary Islands General Indirect Tax (IGIC).

Eighth.- Prices and invoicing:
8.1. Prices: The prices of the products will be those published on the Website and will include VAT and any applicable taxes at any given time and must be paid in full at the time of placing the order.

8.2. Invoicing: The invoice for the purchased products will be issued by CIBERWATCH and will include the Value Added Tax (VAT) that, where applicable, corresponds according to the applicable rate at any given time, if you request it by sending an email to info@ciberwatch.es. The invoice will be sent to you with your order or by postal mail if you request it later or if you prefer and indicate so, in electronic format by email.

Ninth.- Warranty: CIBERWATCH will deliver products that comply with the contract, that is, that match the description provided, the specifications you have made, and that possess the qualities of the product presented through the Website, and will be responsible for any lack of conformity that exists at the time of product delivery.

In accordance with the provisions of article 120 of the TRLGDCYU, CIBERWATCH will be responsible for product non-conformities that become apparent within three years of delivery.

Tenth.- Complaint Procedure: In case of non-conformity, error, defect or deterioration attributable to CIBERWATCH, you must inform CIBERWATCH via email info@ciberwatch.es, within two months from the date you became aware of it, indicating your details, the purchase reference number, and the anomalies or defects detected.

Failure to comply with this deadline does not imply the loss of the warranty, nor the loss of the right to appropriate remediation, but in accordance with applicable regulations, you will be responsible for damages actually caused by the delay in communication.

10.1. European online dispute resolution platform: Please note that if you are a resident of the European Union, you also have the option to access the ODR (Online Dispute Resolution) platform via the following link:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

Through this platform, consumers and traders can submit complaints using an electronic form available in all European Union languages, for all matters related to e-commerce or the provision of services online, in accordance with the provisions of Regulation 524/2013 of the European Parliament and of the Council of May 21, 2013, and Directive 2013/11/EU of the European Parliament and of the Council on alternative dispute resolution for consumer disputes.

Eleventh.- Right of Withdrawal: We inform you that you have the right to withdraw from this contract within 14 calendar days without needing to provide any justification.

The withdrawal period will expire 14 calendar days from the date of delivery of the contracted product (or the date of acquiring physical possession of the product) to you or the person designated by you for its collection, other than the carrier.

To exercise the right of withdrawal, you must notify your decision to withdraw from the contract through an unequivocal statement (for example, a communication sent by email or postal mail). For this purpose, you may use the withdrawal form template below, although its use is not mandatory:

Model withdrawal form in accordance with the annex to the Consumer and User Law of 2007 (you can copy and paste the following form into an email and fill in your details if you wish to withdraw from the contract)

To the attention of CIBERWATCH., with address in Benidorm (Alicante), C/ Mercado, nº 4, C.P. 03501.

Contact email: info@ciberwatch.es

I/We hereby communicate to you that I/we withdraw from the contract of sale of the following product _______________ [identify product], whose order was placed on ___/___/20__, and was received on ___/___/20__

Name and surname(s) of the CLIENT(S): ________________________________

Address of the CLIENT(S): ________________________________________

Date of communication of withdrawal: ___/___/20__

To meet the withdrawal deadline, it is sufficient for the communication concerning your exercise of this right to be sent before the corresponding period has expired.

11.1. Consequences of withdrawal: If you have exercised and communicated your right of withdrawal, CIBERWATCH will provide you with the precise instructions for returning the order on which you are exercising your right of withdrawal, with express indication of the postal address to which you should send it.

You must bear the direct cost of returning the goods in case of withdrawal, and to this end, you must contract the courier or postal service you deem appropriate, noting that in no case will any return made as "cash on delivery" be accepted.

We will reimburse you all payments made in connection with the order, including delivery costs you incurred (with the exception of additional costs resulting from your choice of a delivery method other than the least expensive standard delivery method offered by CIBERWATCH), without undue delay and, in any case, no later than 14 calendar days from the date on which you informed CIBERWATCH of your decision to exercise your right of withdrawal. CIBERWATCH may withhold such reimbursement until the goods have been received, or until you have provided proof of their return, whichever condition is met first and in both cases to the address indicated by CIBERWATCH for that purpose.

This refund will be processed using the same payment method you used for the initial transaction.

You must return or hand over the goods directly to the address indicated by CIBERWATCH, without undue delay and, in any case, no later than 14 calendar days from the date on which you communicate your decision to withdraw from the contract. The deadline is met if you return the goods before the said period has expired.

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

11.2. Withdrawal from a contract linked to consumer and user financing: When you exercise the right of withdrawal, and the price to be paid for it has been totally or partially financed by the APLAZAME platform, the exercise of the right of withdrawal will also imply the termination of the financing contract with APLAZAME, without any penalty for you.

If you exercise your right of withdrawal on a product purchased from CIBERWATCH and financed by APLAZAME, you will only have to communicate your desire to withdraw to CIBERWATCH in accordance with the provisions of these conditions, without further formalities, and CIBERWATCH will be responsible for managing the refund of the amounts paid with APLAZAME.

Twelfth. Returns of defective products: In the event that the delivered products do not conform to the contract, due to being damaged or defective, you must contact CIBERWATCH via email info@ciberwatch.es or any of the customer service phone numbers published on the Website and detailed in section 1 above, providing the details of the product(s) purchased, indicating the nature of the detected defect, the date the order was placed and the delivery date, as well as your name, surname, and email address. CIBERWATCH will inform you of the procedure to follow.

In any case, if the product defect is confirmed, all expenses (including shipping costs you incurred) will be refunded, with the return costs being borne by CIBERWATCH.

Thirteenth. Applicable law and jurisdiction: These terms of use and privacy policy will be governed by Spanish law, although the choice of law does not prevent you from invoking the protection offered by the imperative provisions of the law of your habitual residence if you are a consumer or user.

In case of dispute or controversy related to the application or interpretation of such purchase conditions, the parties will submit to the Courts and Tribunals of the consumer's domicile.