General Terms and Conditions of Use and Sale
These General Terms and Conditions of Use and Sale (hereinafter, CU) regulate the use of the website https://www.skullmen.com (hereinafter, the Website), of which Vitafran S.L - Skullmen (hereinafter, Skullmen) is the owner. Vitafran S.L - Skullmen is a Spanish limited liability company with its registered office at Ctra. San Javier, Km 11.5 Nave 7 RAMOS, LOS Murcia 30589, registered in the Commercial Register of , in volume , folio , sheet number , with CIF number B30325757. Through its site https://www.skullmen.com, Skullmen provides information about its products and services and offers the possibility of contracting them. Due to the content and purpose of the Website, those who wish to benefit from its services must have the status of Client, which is acquired by completing the registration form and following the steps that Skullmen subsequently confirms via email. The status of Client implies adherence to the CU in the version published at the time of access to the Website. In any case, there are pages of the Website accessible to individuals or legal entities who do not register or initiate a product purchase (hereinafter, Users). In this sense, Users who access these parts of the Website agree to be subject to the terms and conditions contained in these General Terms and Conditions of Use, to the extent that they may be applicable to them. Skullmen wishes to inform its Clients and Users that it is exclusively aimed at an audience over 16 years of age and that the territory in which it accepts and distributes orders is comprised of Peninsular Spain, the Balearic Islands, and the Canary Islands (hereinafter, the Territory). For shipments outside these areas, please contact us.
Product Information
The descriptions of the products displayed on the Website are made based on the information provided by each product manufactured by Skullmen. The photographs or videos related to the products and the trade names, trademarks, or distinctive signs of any kind contained on the Skullmen Website are about the real objects for sale to provide the most truthful and accurate information about the product and its characteristics; however, the user should bear in mind that they are not exhaustive.
Prices
All prices of the products indicated through the Website include VAT and other applicable taxes and are calculated in the European currency, the Euro. However, these prices do not include the shipping costs of the products, which are detailed separately and must be accepted by the client, and there are no other unspecified costs for acquiring the product. The information about the discount obtained when purchasing from Skullmen and the price comparison is calculated using the list prices provided by the supplier or using the prices verified by Skullmen's services at the points of sale.
Availability
In no case will Skullmen intentionally put more units for sale than the supplier has reserved for it. Skullmen will do everything possible to satisfy all its Clients in the demand for the products. However, sometimes, due to causes that are difficult to control by Skullmen, such as human errors or incidents in computer systems, it is possible that the quantity finally served by the supplier differs from the order placed by Skullmen to satisfy the Clients' orders. Suppose the product is unavailable after the order has been placed. In that case, the Client will be informed by email of the total or partial cancellation of the order. Partial cancellation of the order due to lack of availability does not entitle the client to cancel the entire order. If, as a result of this cancellation, the client wishes to return the delivered product, they must follow the stipulations in the Return section.
Payment
The Client agrees to pay at the time the order is placed unless they wish to receive the purchase on a cash-on-delivery basis, in which case the Client will pay the costs when receiving the goods. The initial price listed on the Website will be increased by the corresponding shipping fees. In any case, these fees will be communicated to the Client before finalizing the purchase. The ticket or purchase receipt corresponding to the purchase order will be available and can be viewed at https://www.skullmen.com in the "My Account" section, Orders. The Client must pay the amount corresponding to their order by credit card (Visa, Maestro, Mastercard, Euro 6000, American Express) or through the Paypal payment system if that option exists. The card used for payment must be issued by a Spanish bank or savings bank. The Client must notify Vitafran S.L - Skullmen of any undue or fraudulent charges on the card used for purchases by email or telephone as soon as possible so that Vitafran S.L - Skullmen can take the appropriate steps.
Security
Skullmen has the highest security measures commercially available in the sector. Furthermore, the payment process operates on a secure server using the SSL (Secure Socket Layer) protocol. The secure server establishes a connection so that the information is transmitted encrypted by 128-bit algorithms, ensuring it is only intelligible to the Client's computer and the Website. Thus, by using the SSL protocol, it is guaranteed: 1. That the Client is communicating their data to Skullmen's server center and not to any other that might attempt to impersonate it. 2. That the data between the Client and Skullmen's server center is transmitted encrypted, preventing possible reading or manipulation by third parties. Likewise, Skullmen states that it does not have access to confidential data related to the payment method used, nor does it store such data. Only the bank responsible for the transaction has access to this data for payment management, which is inaccessible to other third parties.
Order Formalization
Once the order has been formalized, i.e., with the acceptance of the CU and confirmation of the purchase process, Skullmen will always send an email to the Client confirming the details of the purchase, an identification code of the acquired item, and a brief description of it.
Order Cancellation
Skullmen will accept order cancellations when requested before the purchase is finalized. Requests will not be accepted via email. The cost of canceling an order is 2 euros, except when the reason is to expand the order or change the size of a product, in which case you must notify us by sending an email. To cancel, go to the My Account section: Orders and click the Cancel button. Once the current sale is finalized, order cancellations will not be accepted for operational reasons. If you still wish to cancel an order once the sale is finalized, you must proceed with its return.
Delivery Times, Place of Delivery, and Losses
I. Product Delivery
Skullmen undertakes to deliver the product in perfect condition to the address indicated by the Client on the order form, which must always be within the Territory, or, if the client has chosen, at the pick-up point. To optimize delivery, we appreciate the Client indicating an address where the order can be delivered within regular business hours. Skullmen will not be responsible for delivery errors caused when the delivery address entered by the Client on the order form does not correspond to reality or has been omitted. Skullmen informs the Client that a single order may be divided into several deliveries.
II. Delivery Time
The maximum delivery time is 15 days from the purchase's completion date. In cases of delivery delays, Skullmen will inform its Clients as soon as it becomes aware of them. Each delivery is considered made from when the transport company places the product at the Client's disposal, which is materialized through the control system used by the transport company. In the case of delivery delays attributable to Skullmen, the Client may cancel their order. Delivery delays will not be considered in cases where the order has been made available to the Client by the transport company within the agreed time and could not be delivered for reasons attributable to the Client.
III. Delivery Data, Undelivered Deliveries, and Loss
If the Client is absent at the time of delivery, the courier will leave a receipt indicating how to proceed to arrange a new delivery. Skullmen contracts, as part of the courier service, a series of follow-up actions (calls to clients at different times, SMS messages) to ensure delivery. If 7 working days have passed after the order is out for delivery and delivery has not been arranged, the Client must contact Skullmen. If the Client does not proceed this way, 10 working days after the order is out for delivery, it will be returned to our warehouses, and the Client will be responsible for the shipping and return to origin costs of the goods, as well as any associated management costs. If the delivery cannot be made due to the package being lost, our courier will initiate an investigation. In such cases, the response times of our couriers typically range from one to three weeks. If the Client chooses the Pick-Up Point shipping method, through the transport offices, they should contact our Customer Service for any inquiries.
IV. Delivery Diligence
The Client must check the good condition of the package with the transport company, on behalf of Skullmen, delivering the requested product, indicating any anomaly detected in the packaging on the delivery note. If, after reviewing the product, the Client detects any incident such as a blow, breakage, signs of having been opened, or any damage caused to it during shipment, the Client agrees to notify Skullmen via email at comunicacion@vitafran.com as soon as possible and within a maximum of 7 working days from delivery.
Returns
I. Return Procedure
All products purchased from Skullmen may be returned and refunded, provided the Client communicates to Skullmen their intention to return the purchased product(s) within a maximum period of 10 working days from the delivery date and complies with the rest of the conditions established in this section. Skullmen will only accept returns that meet the following requirements:
- The product must be in the same condition in which it was delivered and retain its original packaging and labeling as much as possible.
- The shipment must be made using the same box or envelope in which it was sent, or failing that, in a similar format that guarantees the return in perfect condition.
- A copy of the delivery note must be included inside the package, marking the returned products.
To facilitate the return process for Clients and to correctly track the return, Skullmen establishes a single return procedure for both deliveries to My address and shipments to a Pick-Up Point in the transport company's network. If the return is attributable to Skullmen (the product is defective, it is not what you ordered, etc.), this service is free. If the reason is another (the products were delivered correctly but are not to your liking), Skullmen will refund the cost of the products, including the initial shipping costs; however, the return shipping costs will be borne by the consumer and will vary depending on the weight and/or volume of the item to be returned. The client may choose the transport method for the return that they consider most interesting for their interests. We currently do not ship items to the Balearic Islands and the Canary Islands. To proceed with a simple and uncomplicated return, you must follow these steps: once you confirm your return via email to comunicacion@vitafran.com, Skullmen will schedule the pick-up and inform the Client via email of the date and time it will occur. Skullmen will not be responsible for expenses incurred by returns made without following the steps established in this procedure.
II. Refunds to the Client
Only if the delivered product is defective or incorrect will Skullmen refund the Client the total amount paid for the purchase of said product, as well as the corresponding return shipping costs. Partial returns and cancellations will result in partial refunds. Skullmen will manage the return order using the same payment system used for the purchase within 48 hours from the confirmation of arrival at the warehouse of the returned order. The application of the refund on the Client's card will depend on the card and the issuing entity. The application period will be up to 30 days for credit cards.
III. Right of Withdrawal
The Client and User who contracts the items from Skullmen will have the right to withdraw from the contract, although Vitafran S.L - Skullmen may require the Client and User to bear the direct cost of returning the goods or services.
Warranty of Purchased Products
Skullmen acts as a distributor for merchants, manufacturers, or wholesale distributors under the legally established terms for two years from the delivery date. It also guarantees that the products offered for sale on https://www.skullmen.com are endorsed by reliable commercial firms, offer the highest quality, function correctly, and have no defects or hidden flaws that could make them dangerous or unsuitable for normal use. The contractual warranty offered is the one specified by the supplier or manufacturer, in accordance with Royal Legislative Decree 1/2007 of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users. The duration of these warranties is clearly detailed in the product descriptions. The warranty does not cover deficiencies caused by negligence, knocks, improper use or handling, unsuitable voltage, electrical accidents, installation and/or use not following the authorized Technical Service when applicable, or materials subject to wear and tear due to normal use. Products modified or repaired by the Client or any other person unauthorized by the manufacturer or supplier are excluded from the warranty. The warranty will not apply to apparent defects and product conformity defects, for which any claim must be made by the Client in question within 7 days of delivery. The repair or replacement of the item in case of client nonconformity will be free for the client. This gratuity will include the necessary costs incurred to rectify the product's non-conformity with the contract, especially shipping costs, as well as costs related to labor and materials. Regarding computer items, the warranty will not cover virus removal, software recovery for this reason, or the reinstallation of software caused by its deletion. The warranty will lose its value if:
A) Some of the data on it or the purchase receipt is modified, altered, or replaced.
B) Both the identification number and the guaranteed product are handled or repaired without the knowledge of the Technical Service or the company responsible for the warranty.
C) It lacks the purchase and delivery receipt from Skullmen. To use the warranty, it is essential to keep the warranty certificate along with the purchase or delivery receipt from Skullmen. Once the Client has received the product, they will have an informational brochure of the brand, sufficient instructions for the correct use and installation of the product, and all the information about the warranty. No Client may request a broader warranty than the one indicated there. The Client may enforce the product warranty according to the current regulations on the warranty of consumer products. In case of doubt, you can contact Skullmen through the information provided on the website to receive help on the steps to follow and the necessary information for submitting relevant claims. The seller is responsible for non-conformities that become apparent within two years of delivery. The consumer and user must inform the seller of the non-conformity within two months of becoming aware of it.
Intellectual and Industrial Property
Skullmen holds all rights to the content, design, and source code of this website and, especially, by way of illustration but not limitation, to the photographs, images, texts, logos, designs, trademarks, trade names, and data included on the website. Clients and Users are warned that such rights are protected by current Spanish and international legislation regarding intellectual and industrial property. Likewise, and without prejudice to the foregoing, the content of this website is also considered a computer program, and therefore, all Spanish and European Community regulations in force in the matter apply to it. The total or partial reproduction of this website or any of its contents is expressly prohibited, even through a hyperlink, without the express and written permission of Skullmen. It is also totally forbidden to copy, reproduce, adapt, modify, distribute, commercialize, publicly communicate, and/or any other action that involves an infringement of the current Spanish and/or international regulations regarding intellectual and/or industrial property, as well as the use of the website's contents unless with the prior express and written authorization of Skullmen. Skullmen informs that it does not grant any implicit license or authorization regarding the intellectual and/or industrial property rights or any other rights or property related, directly or indirectly, to the contents included on the website.
Access and Stay on the Web. Our Content
Clients and Users are entirely responsible for their conduct when accessing the website's information, while navigating it, and after having accessed it. As a result of the foregoing, Clients and Users are the only ones responsible to Vitafran S.L - Skullmen and third parties for:
A. The consequences that may arise from the use, for illicit purposes or effects or contrary to this document, of any content on the website, whether or not elaborated by Skullmen, published or not under its official name.
B. The consequences that may arise from the use contrary to the content of this document and harmful to the interests or rights of third parties, or that in any way may damage, disable or deteriorate the website or its services or prevent the normal enjoyment by other Users.
Vitafran S.L - Skullmen reserves the right to update the contents when it deems appropriate, as well as to eliminate, limit, or prevent access to them, temporarily or definitively, as well as to deny access to the web to Clients and Users who misuse the contents and/or breach any of the conditions appearing in this document. Vitafran S.L - Skullmen informs that it does not guarantee:
A. That access to the website and/or linked websites will be uninterrupted or error-free;
B. That the content or software that Clients and Users access through the website or linked websites does not contain any errors, computer viruses, or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage;
C. The use of the information or content of this website or linked websites that Clients and Users may make for their personal purposes.
The information contained on this website should be considered by Clients and Users as informative and orientative, both in relation to its purpose and its effects, which is why Skullmen does not guarantee the accuracy of the information contained on this website and consequently does not assume any responsibility for possible damages or inconveniences to Users that may arise from any inaccuracy present on the website.
Our Responsibility
Vitafran S.L - Skullmen does not assume any responsibility derived, by way of illustration but not limitation:
A. From the use that Clients or Users may make of the materials on this website or linked websites, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of website contents or third parties.
B. From the potential damages to Clients or Users caused by a normal or abnormal functioning of the search tools, the organization or location of the contents, and/or access to the website, and, in general, from the errors or problems generated in the development or instrumentation of the technical elements that the website or a program provides to the User.
C. From the contents of those pages that Clients or Users may access from links included on the website, whether authorized or not.
D. From the acts or omissions of third parties, regardless of whether these third parties could be connected to Vitafran S.L - Skullmen by contractual means.
E. From the access of minors to the contents included on the website, being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors under their charge or to install any tools for controlling the use of the Internet to prevent (i) access to materials or contents not suitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
F. From communications or dialogues in the course of debates, forums, chats, and virtual communities organized through or around the website and/or linked websites, nor will it be responsible, therefore, for any damages and losses suffered by Clients or individual and/or collective Users as a result of those communications and/or dialogues.
Skullmen will not be responsible in any case when:
A. Errors or delays occur in accessing the Website by the Client when entering their data in the order form, the slowness, or inability of the recipients to receive the order confirmation or any anomaly that may arise when these incidents are due to problems on the Internet network, fortuitous event or force majeure and any other unforeseeable contingency beyond the good faith of Skullmen.
B. Failures or incidents that may occur in communications, deletion, or incomplete transmissions, so that it is not guaranteed that the website services are constantly operational.
C. Errors or damage to the website for inefficient and bad faith use of the service by the Client.
D. The non-operability or problems in the email address provided by the Client for sending the order confirmation.
In any case, Skullmen undertakes to solve any problems that may arise and to offer all the necessary support to the Client to reach a quick and satisfactory solution to the issue. Likewise, Skullmen has the right to carry out during defined time intervals, promotional campaigns to promote the registration of new Clients in its service. Skullmen reserves the right to modify the conditions of application of the promotions, extend them duly communicating, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse, or unethical behavior in the participation of the same.
Use of Cookies
For the use of our website, it is necessary to use cookies, small data files. Cookies are used to improve the service provided by Skullmen, but they do not store any personal information relating to users; the information obtained is anonymous. If you wish, you can configure your browser to be warned on screen of the reception of cookies and to prevent the installation of cookies on your hard drive. Please refer to the instructions and manuals of your browser to expand this information.
Nullity
If any clause of these CU is declared null, the other clauses will remain in force and will be interpreted considering the will of the parties and the purpose of these CU. Skullmen may not exercise some of the rights and powers conferred in this document, which will not imply in any case the waiver of them unless expressly recognized by Skullmen or prescription of the action in each case.
Modification of the Terms of Use
Vitafran S.L - Skullmen reserves the right to modify, at any time, the presentation and configuration of the Website, as well as these General Terms and Conditions of Use. Therefore, Skullmen recommends the Client read them carefully each time they access the Website. Clients and Users will always have these CU in a visible place, freely accessible for as many queries as they want to make. In any case, the acceptance of the CU will be a prior and indispensable step to acquiring any product available through the Website.
Applicable Law and Jurisdiction
These General Terms and Conditions of Use are governed by Spanish law. In the event of a dispute arising from these general conditions and to resolve conflicts, the parties submit to the courts and tribunals of the user's domicile, at their free choice, and with waiver of any other jurisdiction.
