The General Terms and Conditions of Sale are established below for the products sold under the trademark Warm Sleep for Young Kids The Penguin Bag Company, offered by El Saco de Pingüino S.L. (from the website www.penguinbag.com) , to natural or legal persons who express their desire to buy these products through a request made on its website.
Information about the products offered for sale
The product descriptions displayed on the www.penguinbag.com website are, to our knowledge, accurate.
Thus, in the event of incidents, El Saco de Pingüino S.L., after being informed thereof, agrees to take all measures at its disposal to correct, at the earliest opportunity, any errors or omissions that may arise in relation to the description of such products.
When customers access El Saco de Pingüino S.L.’s website and register, information will be sent to their email address on The Penguin Bag Company’s campaigns and promotions.
These users can place orders through www.penguinbag.com. Only people who have the necessary legal capacity to enter into contracts for the types of goods and services offered on this website can place orders on www.penguinbag.com . The data archived by El Saco de Pingüino S.L.constitute proof of all transactions between El Saco de Pingüino S.L. and its customers.
Sales transactions, for the purpose of payment, shall be made at the time of the order’s confirmation, and carried out from Poladura 6, Siero 33189 (Spain).
The published product prices will correspond to the campaign’s season prices. Prices are indicated with all taxes included, excluding preparation and delivery costs.
The prices corresponding to handling and delivery costs also have all taxes included. Delivery and handling costs vary depending on the weight and volume of the order. You will be able to see these costs at the time of processing your payment, just before you confirm your order.
Transport costs are recorded separately and can be seen before you complete the purchase; it will be based on the number of items purchased and their weight.
Costs incurred in returning the product from the customer’s address are equivalent to the delivery cost of the purchased product type and the delivery destination.
Product offers and prices shall be valid as long as they are available.
In this context, we provide information on product availability at the time each order is processed.
In the event that the product is not available after processing an order, the customer will be informed by email that only part of your order will be delivered, or that their order is cancelled. The customer will receive a refund for all or part of their order within 30 days of placing the order.
Payment for purchases may be made by credit or debit card: Visa, MasterCard, 4B, Euro 6000, Spanish Maestro, American Express, Diners Club and JCB, or any other methods as indicated in our webpage.
Types and place of delivery
Products will be sent to the delivery address that the customer indicated in the ordering process.
For the delivery of orders in which the customer will not be present or is not the final recipient, please notify us of the identity of the person who will receive the delivery on your behalf. The carrier will request full identification of the person who receives the goods.
Unless stated otherwise, the deadline for delivery is 20 days, excluding Saturdays, Sundays and holidays.
If this deadlines passes without the customer receiving the product, the customer may request for their order to be cancelled.
If this delay is caused by force majeure, while the product is in the logistics phase, El Saco de Pingüino S.L. will inform the buyer of this circumstance and that, therefore, the costs arising from such cancellation shall be borne by El Saco de Pingüino S.L.
Delivery deadlines are essential for the preparation and shipment of products.
Each delivery is deemed complete at the moment in which the carrier offers the product to the customer or person authorised by them, which is transacted through the carrier’s control system (identification with full name, ID number, and signature of the person who receives the order).
In the event of a refund due to inability to deliver the order (incorrect recipient address, expired collection deadline etc.) the customer will be communicated with via email or phone, to ask if they are still interested in receiving the product. If they are, the product will be resent, with the related delivery costs.
Precautions to be taken into account upon delivery
It corresponds to the recipient to check the delivery upon its arrival, make comments and submit all complaints that they deemed appropriate. They may even reject the package, if it is likely to have been opened or if it shows clear signs of deterioration. Such comments or complaints must be forwarded by the carrier to El Saco de Pingüino S.L.
If the delivered products do not conform in nature or quality to the specifications given on the delivery note, the customer has 7 days to formulate the corresponding complaint or exercise their right to refund, without any kind of penalty.
In the case of delay, breakage or an incomplete order, the customer may contact our customer service department on tel. + 34 984 06 09 77, Monday to Friday, or by e-mail to the following address firstname.lastname@example.org.
Liability – Litigation – Applicable law
Saco de Pingüino S.L. shall not be held liable for any damages whatsoever, such as material and non-material damage or bodily injury, which may result in malfunction or improper use of the products sold.
Saco de Pingüino S.L. may not be held liable for breach of contract in the event of product unavailability, force majeure, manufacturing disruption or total or partial strike, in particular, of services and transport or communications means, flood or fire.
Applicable law and jurisdiction: The parties choose to submit to the jurisdiction of the Courts and Tribunals of the user’s address to resolve disputes, and renounce any other jurisdiction. The applicable law is Spanish law.